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1.0 Application
RECEIVED Ilk: 7 ![IU GARFIELU CUUNTY BUILDING IS, PLANNING BLUE CREEK RANCH FINAL PLAT SUBMITTED BY: WINDRIVER DEVELOPMENT, LLC 3220 County Road 100 Carbondale CO 81623 (970) 704-9007 December, 2002 PLANNING TEAM OWNER Blue Creek. Land Holdings, LLC 3220 County Road 100 Carbondale CO 81623 (970) 704-9007 (Phone) (970) 704-9006 (Fax) APPLICANT WindRiver Development LLC Ace Lane Robert M. Cumming, Jr. 3220 County Road 100 Carbondale CO 81623 (970) 704-9007 (Phone) (970) 704-9006 (Fax) PLANNING Davis Horn Inc. Glenn Horn AICP 215 S. Monarch, Suite 104 Aspen CO 81611 (970) 925-6587 (Phone) (970) 925-5180 (FAX) CIVIL ENGINEERING AND SURVEYING Sopris Engineering LLC Mark Butler, P.E. Yancy Nichol P.E. 502 East Main Street Suite A3 Carbondale, CO 81623 (970) 704-0311 (Phone) (970) 704-0313 (FAX) WETLANDS ANALYSIS Andrew Antipas LLC Ecological & Environmental Consulting 0285 Crystal Circle Carbondale CO 81623 (970) 963-8297 WILDLIFE Naturetech Consulting Services Corp. Steve Dahmer 2128 Railroad Avenue Rifle CO 81650 (970) 625-8553 (Phone) (970) 625-8073 (FAX) ENGINEERING CONSULTANTS Zancanella & Associates Tom Zancanella, P.E. POB 1908 Glenwood Springs CO 81601 (970) 945-5700 (Phone) (970) 945-1253 (FAX) GEOTECHNICAL ENGINEERS HP Geotech 5020 County Road 154 Glenwood Springs, CO 81601 (970) 945-7988 (Phone) (970) 945-8454 (FAX) LEGAL COUNSEL Patrick, Miller & Krofp, P.C. Scott Miller, Esq. 730 E. Durant Avenue, Suite 200 Aspen, Colorado 81611 (970) 920-1028 (Phone) (970) 925-6847 (FAX) Larry Green, Esq. Balcomb & Green 818 Colorado Avenue Glenwood Springs CO 81601 (970) 945-6546 VEGETATION MANAGEINENT Prima Plant Services, Inc. Kim Johnson 90 Arlian Road Carbondale CO 81623 (970) 963-6113 (Phone) TABLE OF CONTENTS Page Table of Contents List of Tabies List of Appendices INTRODUCTION vi I L Compliance with Section 5:00 of the Garfield County 2 Subdivision Regulations 11. Compliance with Resolution No. 2002-82 Conditions 5 -i- LIST OF APPENDICES APPENDIX 1 APPENDIX 2 APPENDIX 3 APPENDIX 4 APPENDIX 5 APPENDIX 6 APPENDIX 7 APPENDIX 8 APPENDIX 9 APPENDIX 10 APPENDIX 1.1 APPENDIX 12 APPENDIX 13 APPENDIX 14 APPENDIX 15 APPENDIX 16 APPENDIX 17 APPENDIX 18 APPENDIX 19 APPENDIX 20 Garfield County Board of County Commissioners Resolution No. 2002-82 Blue Creek Ranch Title Policy November 21, 2002 letter from Arthur Schiller of Blue Creek Land Holdings, LLC authorizing Davis Horn Incorporated to submit a land use application on behalf of the owner Garfield County Subdivision Application Form Blue Creek Ranch Final Plat Engineer's Opinion of Probable Construction Cost Blue Creek Ranch PUD, November 8, 2002 prepared by Sopris Engineering LLC Subdivision Improvements Agreement Blue Creek Ranch Certification of the County Treasurers Office that all applicable ad valorem taxes have been paid for prior years Declaration of Covenants, Conditions and Restrictions for Blue Creek Ranch PUD January 24, 2002 letter and report from Zancanella and Associates, Inc., Engineering Consultants regarding Water Supply and Water Quality January 17, 2001 letter and report from Scott C. Miller or Patrick, Miller & Krofp, P.C. regarding Water Supply and Sewer Service November 21, 2001.letter from J. David Holm, Water Quality Control Division of the Colorado Department of Public Health and Environment for the State of Colorado regarding Wastewater Treatment Facilities By -Laws of Aspen Equestrian Estates and Blue Creek Ranch Water Association Weed Management Plan for the Blue Creek Ranch PUD prepared by Kim Johnson, of Prima Plant Services, Inc. The Plan includes a weed inventory and provides mapped locations of weeds September 30, 2002 letter from Mark Butler, P.E. of Sopris Engineering which addresses revegetation of disturbed areas in the Blue Creek Ranch PUD October 18, 2002 Memorandum from Leigh Sheldrake of Wind River Development to Glenn Horn regarding Final Plat Conditions 8 and 9 July 8, 2002 letter from Mark Butler to Fred Jarman and November, 14, 2002 E -Mail from Michael Erion to Fred Jarman and Glenn. Hom indicating that the July 8, 2002 letter satisfies this condition Agreement with St. Finnbar Ranch regarding the relocation of the "Lower Ditch" Well Permits for the Appaloosa and Arabian Wells located on the Aspen Equestrian Estates Subdivision Summary Letter of Blue Creek Real Estate Appraisal prepared by Patrick L. Tobin, MAI INTRODUCTION This application requests approval of the Blue Creek Ranch Final Plat. Blue Creek Ranch is located at 3220 Catherine Store Road (CR 100). WindRiver Development LLC (applicant) is seeking Final Plat approvals for 39 single family detached free market dwelling unit lots and nine single family affordable housing unit lots. The applicant received Preliminary Plan and Planned Unit Development approval pursuant to Garfield County Board of County Commissioners Resolution No. 2002-82 which appears as Appendix 1. The subject site is owned by Blue Creek Land Holdings, LLC (owner) as demonstrated by a current. title policy which appears as Appendix 2. Appendix 3 is a November 21, 2002 letter from Arthur Schiller of Blue Creek Land Holdings, LLC authorizing Davis Horn. Incorporated to submit a land use application on behalf of the owner. Appendix 4 is a copy of the Garfield County Subdivision Application Form. This application is addressed in the following sections. I. Compliance with Section 5:00 of the Garfield County Subdivision Regulations; and 11. Compliance with Resolution No. 2002-82 Conditions, Page -1- I. COMPLIANCE WITH SECTION 5:00 OF THE GARFIELD COUNTY SUBDIVISION REGULATIONS Sections 5:00 to 5:25 of the Regulations address standards for preparation of a Final Plat. Appendix 5 is a copy of the Blue Creek Ranch Final Plat. This item also appears as Exhibit "A" to the Subdivision Improvement Agreement (Appendix 7). Copies of the Plat are being submitted in 11" x 17" format as well as a the 24" x 36" inch format. The Plat has been prepared to comply with the requirements of the Regulations. Section 5:30 of the Regulations includes requirements for Supplemental Information which are addressed below. A. Engineering Plans, Descriptions and Cost Estimates for Streets, Drainage Facilities, Water and Sewage Disposal Systems, Bridges and Other Improvements marked "Approved For Construction." The applicant is submitting a set of 24"x36" construction drawings with the Final Plat, The Engineer's opinion of probable construction cost is provided as Exhibit "B" to the proposed Subdivision Improvements Agreement and in Appendix 6. B. Subdivision Improvements Agreement Appendix 7 is a copy of the proposed Subdivision Improvements Agreement Blue Creek Ranch, prepared by the Applicant's counsel. Page -2- C. Ad Valorem Taxes Certificate Appendix 8 is a copy of the Certification of the County Treasurers Office that all applicable ad valorem taxes have been paid for prior years. D. Subdivision Covenants Appendix 9 is a copy of the draft "Declaration of Covenants, Conditions and Restrictions for Blue Creek Ranch PUD." E. Evidence that all Services including Water, Sewage Disposal and Roads Comply with State and Local Laws. The information required by this section was submitted and reviewed with the Preliminary Plan and found to be acceptable. The applicant is resubmitting the following documents from the Preliminary Plan review to satisfy this Regulation. Appendix 10 - January 24, 2002 letter and report from Zancanella and Associates, inc., Engineering Consultants regarding Water Supply and Water Quality. Appendix 1 1 - January 17, 2001 letter and report from Scott C. Miller or Patrick, Miller & Krofp, P.C. regarding Water Supply and Sewer Service Appendix 12 - November 21, 2001 letter from J. David Holm, Water Quality Control Division of the Colorado Department of Public Health and Environment for the State of Colorado regarding Wastewater Treatment Facilities Page -3- F. Approved Site Location Approval from the Colorado Department of Health, Water Quality Control Division Appendix 12 is a copy of a November 21, 2001 letter from J. David Holm, Water Quality Control Division of the Colorado Department ofPublic Health and Environment for the State of Colorado regarding Wastewater Treatment Facilities. G. Written Evidence of an Adequate and Legal Water Supply See Appendix 11 previously referenced. 11. School Site Approval or Cash -in -Lieu and Fire District Impact Fees These fees are addressed in Section 8 of the Subdivision Improvement Agreement (see Appendix 7). Management Plan for the Operation and Maintenance of Individual Sewage Disposal System Managment of the waste water disposal system is addressed in Sections 2.58 and 3.23 of the Declaration of Covenants, Conditions and Restrictions for Blue Creek Ranch PUD (Appendix 9). Page -4- 1T. Compliance with Resolution No. 2002-82 Conditions This section responds to approval conditions in Garfield County Board of County Commissioners' Resolution No. 2012-92. The conditions appear in bold followed by the AppIicant's response. 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. Response The applicant commits to abide by all representations made in the Blue Creek Ranch Preliminary Plan and Planned Unit Development applications and at the public hearing before the Board of County Commissioners. 2. Due to the fact that the water system for Blue Creek Ranch PUD is a merged system with the Aspen Equestrian Estates Subdivision, the Applicant shall incorporate language addressing the interaction between the two Homeowners Associations in the Blue Creek Ranch By -Laws indicating the responsibilities of both Associations for the shared water system. Response Appendix 13 is a copy of the draft "Bylaws of Aspen Equestrian Estates and Blue Creek Ranch Water Association." The Bylaws address the management of the joint water system which will be shared by both subdivisions. 3. The Applicant shall include the following recommendations of the Division of Wildlife included within their letter dated May 13, 2002 (Exhibit V to Public Hearing dated 8/5/02) within the Homeowner's Association covenants and provide procedures for their enforcement by the HOA: a. Dogs and cats shall be prevented from running at large. b. Wire fencing shall be held to a minimum with a maximum height of 42" with no more than 4 strands and a 12" kickspace between the top two strands. Rail fencing should be held to a maximum height of 42" with at Page -5- least 18" between two of the rails. Mesh fencing is strongly discouraged. Privacy fencing may be allowed in the residential clustered areas within building envelopes only. c. The Applicant shall use bear -proof trash cans. Response Appendix 9 is a copy of the Declaration of Covenants, Conditions and Restrictions for Blue Creek Ranch PUD (hereinafter "Covenants"). These conditions are addressed in the following sections of the Covenants. Condition 3a is satisfied by Section 3.11 of the Covenants. Condition 3b is satisfied by Section 3.30 of the Covenants. Condition 3c is satisfied by Section 3.10 of the Covenants. 4. The Applicant shall include the following recommendations of the Division of Wildlife within the Homeowner's Association covenants as recommendations for homeowners to consider regarding the presence of wildlife on the property: A. Bird feeders should be strung up from the ground with a seed catchment and humming bird feeders are not mounted on windows or the siding of the houses. B. Pets should be fed indoors, and pet food or food containers should not be left outside. C. BBQs should be securely housed in the garage or other indoor structure when not in use. D. Eliminate the planting of any berry, fruit, or nut producing plants or shrubs to discourage bears and other wildlife from feeding. E. Maintain as much of the existing vegetation as possible. Response These conditions are satisfied by Section 3.43 of the Covenants (See Appendix 9). Page -6- 5. The Applicant shall conduct a weed inventory and provide the locations on a map. In addition, the Applicant shall provide a weed management plan for the inventoried noxious weeds. This information shall be sent to and reviewed by the Garfield County Vegetation Department prior to Final. Plat. Response Appendix 14 is a copy of the "Weed Management Plan for the Blue Creek Ranch PUD" prepared by Kim Johnson, of Prima Plant Services, Inc. The Plan includes a weed inventory, provides mapped locations of weeds, and a weed management program. 6. Common area weed management -The Open Space Plan lists various areas of the site as conservation easements, private open space, general open space, public parks, public trail, or CDOT dedication. The Applicant shall designate entity or entities that will be responsible for weed management in each of these areas including roadways in the project. The Applicant shall submit this information to the Garfield County Vegetation Department for review prior to Final Plat. Response The Blue Creek Ranch PUD Homeowners Association will be the entity responsible for weed managrnent of conservation easement areas, private open space, general open space, public parks, and the public trail. Refer to Plat Note No. 9 on the Final Plat (Appendix 5). Weed managment of the land designated for the Park & Ride (see Final Plat, Tract 1) will be the responsibility of the Colorado Department of Transportation (CDOT) or Garfield County depending upon which entity accepts ownership of the Tract. WindRiver Development Co., LLC, the Declarant, successors, and/or assigns will retain the right to manage weeds on Tract 1 in the event weeds on the Tract are not adequately controlled. 7. Weed management by the Homeowners Association and each individual lot owner shall be addressed in the covenants. Page Response Weed management of common areas by the Homeowners Association is addressed in Section 3.35 of the Covenants (see Appendix 9). Weed management of individual lots is addressed in Section 3.34 of the Covenants (see Appendix 9). Also, see Plat Note No. 9 on the Final Plat. 8. The Applicant shall provide a map or narrative, prior to final plat that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. The Applicant shall follow the revised Revegetation Guidelines from the Garfield County Weed Management Plan (adopted on May 7, 2001) as to the following: a. Plant material list. b. Planting schedule. c. A map of the areas impacted by soil disturbances (outside of the building envelopes). d. A revegetation bond or security shall be submitted at Final Plat and appropriate language regarding its release shall be included and discussed in the Subdivision Improvements Agreement (SIA). e. Provisions for salvaging on-site topsoil. f. A timetable for eliminating topsoil andfor aggregate piles. g. A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. Response Appendix 15 is a copy of a September 30, 2002 letter from Mark Butler, P.E. of Sopris Engineering which addresses revegetation of disturbed areas in the Blue Creek Ranch PUD. A revegetation map is included as an attachment to Appendix 15. Appendix 16 is a copy of a October 18, 2002 Memorandum from Leigh Sheldrake of WindRiver Development to Glenn Hom regarding Final Plat Conditions 8 and 9. It is projected that only approximately 7,68 acres of land will be disturbed and require revegetation. The most significant revegetation area appears on the drawing attached to Appendix 15. The area encompassing Lots 2-14 and 40-48 contains limited vegetation because these areas have been used as corral areas in the past. This area will be the major construction staging Page -8- area. Additionally, all areas located between the asphalt and the edge of utility easements will require revegetation. Specific responses to the conditions appear below. 8.a) Plant Material List Response The following plant mix will be used for revegetation: 30 percent Ephraim Crested Wheat grass 25 percent Dwarf Perennial Rye grass 20 percent Blue Fescue 15 percent Rueben's Canada Blue grass 10 percent Chewing Fescue 8.b) Planting Schedule Response The planting shall occur after the completion of road asphalt. There is an agreement with the asphalt contractor that planting shall occur prior to June 1, 2003. 8.c) A map of the areas impacted by soil disturbances (outside of the building envelopes). Response Refer to the map attached to Appendix 15, Mark Butler's September 30, 2002 letter. 8.d) A revegetation bond or security shall be submitted at Final Plat and appropriate language regarding its release shall be included and discussed in the Subdivision Improvements Agreement (SRA). Page _y_ Response The applicant shall comply with this condition. Appendix 7 is a copy of the "Subdivision Improvements Agreement Blue Creek Ranch." Security for improvements is addressed in the Agreement. 8.e) Provisions for salvaging on-site topsoil. Response On-site topsoil shall be stored and sorted north of Ponderosa Pass on Tract 3 and on Lots 3, 37, 38 and 39 during utility and road construction 8.1) A timetable for eliminating topsoil and/or aggregate piles. Response Topsoil and aggregate piles from construction activities will be removed by September 1, 2003. Up to 500 yards of topsoil will be stored between Tract 9 and Lot 28 and west of Lot 48 on Tract 4 for future homeowner use. These piles will be revegetated with grade mix defined in 8A. 8.g) A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more Response In the event topsoil and aggregate piles sit exposed for a period of 90 days or more they will be seeded with native grasses to control erosion. The applicant will seek to remove all piles, except those noted above, prior to September 1, 2003. Page -1a- 9. The Applicant shall include estimates for the reclamation efforts. The estimates should include costs for seeding, mulching, and other factors that may aid in plant establishment. Response It is projected that it will cost approximately $10,000 for revegetation and erosion control work. The $ 1,000 estimate included in Appendix 16, Leigh Sheldrake's memo is just for seeding and mulching. 10. The Applicant shall provide a detailed analysis regarding the outlet flow from the existing pond regarding detention storage releases by the time of Final Plat. Response Appendix 17 includes a July 8, 2002 letter from Mark Butler, P.E. of Sopris Engineering which includes a detailed analysis of outlet flow from the existing pond. As suggested by Fred Jarman, this letter was forwarded to Michael J. Erion of Resource Engineering, Inc. for his review. Appendix 17 includes a November, 14, 2002 E -Mail from Erion to Fred Jarman and Glenn Flom indicating that the July 8, 2002 letter satisfies this condition. 11. The Applicant shall provide a signed copy of an agreement with St. Finnbar Ranch regarding the relocation of the `lower ditch' within the property by the time of Final Plat. Response Appendix 18 is a copy of an agreement with St. Finnbar Ranch regarding the relocation of the "Lower Ditch." 12. The Applicant shall be allowed to reduce the Garfield County Street and Roadway design standards in designing the internal road network as well as the access points into the PUD from CR 100 as part of the Planned Unit development. As such, all roads and rights-of-way within the subdivision shall be designed to no less than a width of 50 feet in accordance with the Secondary Access classification as defined in Section 9:35 of the Garfield County Subdivision regulations. Page -11- Response The applicant shall comply with this condition. The Final Plat reflects the approved roads and rights-of-way. 13. The Applicant shall place additional straw bales in the drainage ditch along County Road 100 between Ponderosa Pass Road and the Blue Creek Ranch drainage, and along County Road 100 between Bristlecone Drive and the Blue Creek drainage. Construction documents shall reflect these changes by the time of Final Plat. Response The applicant agrees to comply with this condition. The straw bales have already been placed in the drainage ditch along these roads. 14. The Applicant shall provide an inspection, maintenance, and pumping plan for the proposed septic tanks of the sewer system to be reviewed and approved by the Planning Department. This plan shall be included within the subdivision covenants and provided to the Garfield County Building and Planning Department at Final Plat. Response Section 2.17.1 of the Covenants establishes the pumping of"individual sewer system tanks on each lot in Blue Creek Ranch" as a "Common Expense" managed or maintained by the Association or Managing Agent (see Appendix 9). This provision insures that the individual septic tanks will be routinely pumped and maintained. 15. Prior to the operation of the wastewater treatment facility, and consistent with the requirement imposed by the State of Colorado Department of Public Health and Environment, the Applicant shall obtain a discharge permit which shall specify the "final conditions and limitations of the operations of the facility." This permit shall be submitted to the Garfield County Building and PIanning Department prior to the issuance of a Certificate of Occupancy by the Garfield County Building Department for any residential lot on the property. Page -12- Response The applicant will comply with this condition prior to the issuance of a Certificate of Occupancy by the Garfield County Building Department for any residential lot on the property. 16. The Applicant shall comply with the conditions of approval as stated in the letter from the Colorado Department of Public Health and Environment to Blue Creek Land Holdings, LLC dated November 21, 2001 and included as Appendix 8 in the application materials (See "Exhibit H" submitted for the public hearing before the BOCC on 8/5/0), as the same may be modified or superceded by any final discharge permit issued by the Department for the subject facility. Further; a. This site approval will expire one year from November 21, 2001 if the construction of the project has not commenced by that date. if expiration occurs, you must apply for a new site approval. Construction is defined as entering into a contract for the erection or physical placement of materials, equipment, piping, earthwork, or buildings that are to be part of a domestic wastewater treatment works. b. The design (construction plans and specifications) of the treatment works must be approved by the Division prior to the commencement of construction and all construction change orders initiating variances from the approved plans and specifications must be approved by the Division. The Applicant's registered engineer must furnish a statement prior to the commencement of operation stating that the facilities were constructed in conformance with the approved plans, specifications, and change orders. Response The applicant will comply with this condition in a timely manner as required. 17. The Applicant shall provide nine (9) deed -restricted affordable housing lots within the PUD. Four (4) of such lots shall be deed -restricted and the units upon them shall be constructed by the Applicant, and sold in accordance with all applicable provisions of the Garfield County Affordable Housing Guidelines as codified in Section 4:14 of the Garfield County Zoning Resolution. While the Applicant has committed to the construction of four (4) affordable housing units, the Applicant shall demonstrate to Staff and the Board of County Commissioners how the five (5) remaining deed restricted lots are to be sold and developed. Page -13- And 18. All nine (9) lots approved for deed -restricted affordable housing units are to be "for - sale" units. The Applicant shall construct four (4) of the units as deed -restricted affordable housing units pursuant to the Garfield County Housing Guidelines in the Garfield Zoning Resolution. The five (5) remaining lots approved for deed -restricted affordable housing units are to be constructed by future lot purchasers who qualify for those Tots in accordance with the Garfield County Affordable Housing Guidelines. The Applicant shall present further details to the Planning Department as to the proposed nature of how the remaining five (5) deed -restricted affordable housing lots are to be sold within the regulatory parameters of the Garfield County Affordable Housing Guidelines. This language shall be provided at the time of Final Plat. Response Refer to Appendix 7, "Subdivision Improvements Agreement Blue Creek Ranch." Section 7 of the Agreement addresses provision of affordable housing. 19.a) "Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations Response This language appears as Plat Note 3 on Plat cover sheet. 19.b) "All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County." Page -14- Response This language appears as Plat Note 4 on Plat cover sheet. 19.c) "All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries." Response This language appears as Plat Note 5 on Plat cover sheet. 19.d) "One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries." Response This language appears as Plat Note 6 on Plat cover sheet. 19.e) "Each lot shall have a maximum of 2,500 square feet of irrigated land from domestic water system." Response This language appears as Plat Note 7 on Plat cover sheet. 19.1) The Applicant shall place a plat note on the Final Plat that would make the potential purchasers aware of the possibility that the Roaring Fork River is a dynamic stream and the current channel could move from its present position. Response This language appears as Plat Note 12 on Plat cover sheet. Page -15- 19.g) The Applicant shall depict the following items on the Final Plat: 1. The 100 -year llood way; 2. The 100 -year flood fringe; 3. The building envelopes for all lots in the development; and 4. The elevation for each building envelope at 1 foot above the base flood elevation. Response 1. The 100 -year flood way appears on sheets 3 and 4 of the Plat. 2. The 100 -year flood fringe appears on sheets 3 and 4 of the Plat. 3. The building envelopes for all lots in the development appear on sheets 5, 6 and 7 of the Plat. 4. The elevation for each building envelope at 1 foot above the base flood elevation appears on each lot. 20. The Applicant shall delete `greenhouse" from the "Uses By Right" in Private Open Space areas as defined in the application. Response Uses by right for each area on the Plat are listed on page 8 of the Plat. "Greenhouse" has been deleted from "Uses by Right" in Private Open Space Areas. 21. The Applicant shall obtain and provide the County with the necessary well permits for the Appaloosa and Arabian Wells located on the Aspen Equestrian Estates Subdivision as issued by the State of Colorado Division of Water Resources at the time of Final Plat. Response The well permits for the Appaloosa and Arabian Wells located on the Aspen Equestrian Estates Subdivision appear as Appendix 19. Page -16- 22. Impact fees shall be paid to the Carbondale and rural Fire Protection District prior to finalization of the final plat. The Applicant shall provide a receipt to the Planning Department proving a payment has occurred. Response Appendix 7 is a copy of the draft "Subdivision Improvements Agreement Blue Creek Ranch." Paragraph 9 calculates the Fire District Fees. Fees will be paid in accordance with the agreement. 23. The Applicant shall either provide a land dedication or pay cash -in -lieu for the required School Impact Fees at the time of Final Plat. This payment shall be made to the Garfield County as part of Final Plat. Response The applicant shall make a cash payment to the Roaring Fork School District in lieu of dedicating land. The payment shall be made in accordance with Paragraph 9 of the Subdivision Improvement Agreement. Appendix 20 is the summary letter of a value estimate prepared by Patrick L. Tobin, MAI. The Applicant has a complete copy of the appraisal on file and it is available upon request. Blue Creek Ranch Final PIal.wpd WP 10.0 Page -17- 1111111111111111111111111111111111111111111111141111111 II610821 09/17/2002 03:21P 81387 P101 N RLSDORF 1 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 STATE OF COLORADO )ss County of Garfield APPENDIX 1 At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 5th day of August, 2002, there were present: John Martin Larry McCown Walt Stowe Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2002-82 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN AND PLANNED UNIT DEVELOPMENT APPLICATION FOR WINDRI ER DEVELOPMENT, LLC WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Preliminary Plan and Planned Unit Development (PUD) application from WindRiver, LLC to develop the Blue Creek Ranch property by subdividing the 81 acre site into 49 residential lots, of which, nine (9) lots shall be developed with deed -restricted affordable housing units and rezone the site from A/R/RD to (PUD); and WHEREAS, on July 10, 2002, the Garfield County Planning Commission amended the Proposed Land Use District Map of the Garfield Comprehensive Plan of 2000 for the subject property from Low Density Residential (10+ ac/DU) to High Density Residential (<2 ac/DU) by a 7 to 0 vote; and WHEREAS, on July 10, 2002, the Garfield County Planning Commission forwarded a recommended of approval with conditions to the Board of County Commissioners for the PUD and Subdivision Preliminary Plan requests by a 7 to 0 vote; and WHEREAS, the Board held a public hearing on the 5th day of August 2002 upon the question of whether the above-described Preliminary Plan and PUD should be granted aka 110111 010 113111111 101 1111 1111111I1111111HAI 610821 09/17/2002 03:21P 81387 P102 M ALSDORF 2 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Preliminary Plan and PUD; and WHEREAS, the Board closed the public hearing on the 5th day of August 2002 to make a final decision; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. Proper public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at that hearing. 3. The application is in compliance with the standards set forth in Section 4:00 of the Garfield County Subdivision Regulations of 1984, as amended. 4. The application is in compliance with the standards set forth in Section 4.00 of the Zoning Resolution regarding Planned Unit Developments in the Garfield County. 5. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that based on determination of facts set forth above, the subdivision (Preliminary Plan) and Planned Unit Development request is approved to allow for development of the Blue Creek Ranch property by subdividing the 81 acre site into 49 residential lots, of which, nine (9) lots shall be developed with deed - restricted affordable housing units and rezoning the site from AJRJRD to (PUD) with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. Due to the fact that the water system for Blue Creek Ranch PUD is a merged system with the Aspen Equestrian Estates Subdivision, the Applicant shall incorporate language addressing the interaction between the two Homeowners Associations in the Blue Creek Ranch By -Laws indicating the responsibilities of both Associations for the shared water system. 3. The Applicant shall include the following recommendations of the Division of Wildlife included within their letter dated May 13, 2002 (Exhibit V to Public Hearing dated 8/5/02) within the Homeowner's Association covenants and provide procedures 111101111111111111111111111111111111111111111111111111 11 610821 0911712002 03:21P 81387 P103 M ALSDORF 3 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO for their enforcement by the HOA: a) Dogs and cats shall be prevented from running at large. b) Wire fencing shall be held to a minimum with a maximum height of 42" with no more than 4 strands and a 12" kickspace between the top two strands. Rail fencing should be held to a maximum height of 42" with at least 18" between two of the rails. Mesh fencing is strongly discouraged. Privacy fencing may be allowed in the residential clustered areas within building envelopes only. c) The Applicant shall use bear -proof trash cans. 4. The Applicant shall include the following recommendations of the Division of Wildlife within the Homeowner's Association covenants as recommendations for homeowners to consider regarding the presence of wildlife on the property: a) Bird feeders should be strung up from the ground with a seed catchment and humming bird feeders are not mounted on windows or the siding of the houses. b) Pets should be fed indoors, and pet food or food containers should not be left outside. c) BBQs should be securely housed in the garage or other indoor structure when not in use. d) Eliminate the planting of any berry, fruit, or nut producing plants or shrubs to discourage bears and other wildlife from feeding. e) Maintain as much of the existing vegetation as possible. 5. The Applicant shall conduct a weed inventory and provide the locations on a map. In addition, the Applicant shall provide a weed management plan for the inventoried noxious weeds. This information shall be sent to and reviewed by the Garfield County Vegetation Department prior to Final Plat. 6. Common area weed management -The Open Space Plan lists various areas of the site as conservation easements, private open space, general open space, public parks, public trail, or CDOT dedication. The Applicant shall designate entity or entities that will be responsible for weed management in each of these areas including roadways in the project. The Applicant shall submit this information to the Garfield County Vegetation Department for review prior to Final Plat. 7. Weed management by the Homeowners Association and each individual lot owner shall be addressed in the covenants. 8. The Applicant shall provide a map or narrative, prior to final plat that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. The Applicant shall follow the revised Revegetation Guidelines from the Garfield County Weed Management Plan (adopted on May 7, 2001) as to the following: 1 1 1 1 1 'ill 111111 111111 IIII 1111 1111111 111 11111 1111 IIII • 17/2002 03:21P 81387 P104 M ALSDORF le D 0.00 GARFIELD COUNTY CO a) Plant material list. b) Planting schedule. c) A map of the areas impacted by soil disturbances (outside of the building envelopes). d) A revegetation bond or security shall be submitted at Final Plat and appropriate language regarding its release shall be included and discussed in the Subdivision Improvements Agreement (SIA). e) Provisions for salvaging on-site topsoil. f) A timetable for eliminating topsoil and/or aggregate piles. g) A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. 9. The Applicant shall include estimates for the reclamation efforts. The estimates should include costs for seeding, mulching, and other factors that may aid in plant establishment. ti 10. The Applicant shall provide a detailed analysis regarding the outlet flow from the c'11' existing pond regarding detention storage releases by the time of Final Plat. 1 11. The Applicant shall provide a signed copy of an agreement with St. Finnbar Ranch regarding the relocation of the lower ditch' within the property by the time of Final Plat. 12. The Applicant shall be allowed to reduce the Garfield County Street and Roadway design standards in designing the internal road network as well as the access points into the PUD from CR 100 as part of the Planned Unit development. As such, all roads and rights-of-way within the subdivision shall be designed to no less than a width of 50 feet in accordance with the Secondary Access classification as defined in Section 9:35 of the Garfield County Subdivision regulations. 13. The Applicant shall place additional straw bales in the drainage ditch along County Road 100 between Ponderosa Pass Road and the Blue Creek Ranch drainage, and along County Road 100 between Bristlecone Drive and the Blue Creek drainage. Construction documents shall reflect these changes by the time of Final Plat. 14. The Applicant shall provide an inspection, maintenance, and pumping plan for the proposed septic tanks of the sewer system to be reviewed and approved by the Planning Department. This plan shall be included within the s,xly.1:2."c?2^ _o:enants and provided to the Garfield County Building and Planning Department at Final Plat. 15. Prior to the operation of the wastewater treatment facility, and consistent with the requirement imposed by the State of Colorado Department of Public Health and Environment, the Applicant shall obtain a discharge permit which shall specify the "final conditions and limitations of the operations of the facility." This permit shall be submitted to the Garfield County Building and Planning Department prior to the 1 111111 11111 111111 111111 1111 1111 1111111 111 11111 111111 1111 111 610821 09/17/2002 03:21P B1387 P105 1 AL5DORF 5 of 8 R 0.00 0 0.00 GARFIELD COUNTY CO issuance of a Certificate of Occupancy by the Garfield County Building Department for any residential lot on the property. 16. The Applicant shall comply with the conditions of approval as stated in the letter from the Colorado Department of Public Health and Environment to Blue Creek Land Holdings, LLC dated November 21, 2001 and included as Appendix 8 in the application materials (See "Exhibit H" submitted for the public hearing before the BOCC on 8/5/0), as the same may be modified or superceded by any final discharge permit issued by the Department for the subject facility. Further; a) This site approval will expire one year from November 21, 2001 if the construction of the project has not commenced by that date. If expiration occurs, you must apply for a new site approval. Construction is defined as entering into a contract for the erection or physical placement of materials, equipment, piping, earthwork, or buildings that are to be part of a domestic wastewater treatment works, b) The design (construction plans and specifications) of the treatment works must be approved by the Division prior to the commencement of construction and all construction change orders initiating variances from the approved plans and specifications must be approved by the Division. c) The Applicant's registered engineer must furnish a statement prior to the commencement of operation stating that the facilities were constructed in conformance with the approved plans, specifications, and change orders. 17. The Applicant shall provide nine (9) deed -restricted affordable housing lots within the PUD. Four (4) of such lots shall be deed -restricted and the units upon them shall be constructed by the Applicant, and sold in accordance with all applicable provisions of the Garfield County Affordable Housing Guidelines as codified in Section 4:14 of the Garfield County Zoning Resolution. While the Applicant has committed to the construction of four (4) affordable housing units, the Applicant shall demonstrate to Staff and the Board of County Commissioners how the five (5) remaining deed - restricted lots are to be sold and developed. 18. All nine (9) lots approved for deed -restricted affordable housing units are to be "for - sale" units. The Applicant shall construct four (4) of the units as deed -restricted affordable housing units pursuant to the Garfield County Housing Guidelines in the Garfield Zoning R.esoirt;�n The five (5) remaining lots approved for deed -restricted affordable housing units are to be constructed by future lot purchasers who qualify for those lots in accordance with the Garfield County Affordable Housing Guidelines. The Applicant shall present further details to the Planning Department as to the proposed nature of how the remaining five (5) deed -restricted affordable housing lots are to be sold within the regulatory parameters of the Garfield County Affordable Housing Guidelines. This language shall be provided at the time of Final Plat. 1 111111 11111 1111 111111 1111 !III 1111II 111 11111 Ilii 1111 II510821 09/17/2002 03:21P 81387 P106 M ILSDORF B of 8 R 0,00 D 0.00 GARFIELD COUNTY CO 1 1 1 1 1 1 1 1 f 1 1 1 1 1 1 1 1 1 a) Specifically, the Applicant shall provide a detailed proposal for how the five (5) affordable housing lots which will not be constructed upon by the Applicant will be sold in a manner which will address the regulatory intent of the AH Regulations. b) All nine (9) affordable housing units shall be included within the homeowners association for the PUD. However, the Declaration of Covenants shall include adequate provisions to assure that the affordable housing units will never be unduly burdened by a disproportionate share of fiscal responsibility required for the overall maintenance of the common facilities and roads throughout the PUD to the satisfaction of the Garfield County Planning and Attorney's Office at the time of Final Plat. 19. In addition to other required conditions of approval, the Applicant shall include the following plat notes on the Final Plat: a) "Colorado is a "Right -to -Farm" State pursuant to C.RS. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations." b) "All owners of land, whether ranch or residence, have obligations under State law c) and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County." "All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries." d) "One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries." e) "Each lot shall have a maximum of 2,500 square feet of irrigation land from 111111111011101111101101111111111110111111 11111111 610821 0911712002 03:21P 81387 P107 M ALSDORF 7 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO domestic water system." f) The Applicant shall place a plat note on the Final Plat that would make the potential purchasers aware of the possibility that the Roaring Fork River is a dynamic stream and the current channel could move from its present position. (J g) The Applicant shall depict the following items on the Final Plat: 1. The 100 -year flood way; 0K 2. The 100 -year flood fringe; 3 Li 3. The building envelopes for all lots in the development; and CG 1 4. The elevation for each building envelope at 1 foot above the base flood elevation. 20. The Applicant shall delete "greenhouse" from the "Uses By Right" in Private Open Space areas as defined in the application. 21. The Applicant shall obtain and provide the County with the necessary well permits for the Appaloosa and Arabian Wells located on the Aspen Equestrian Estates Subdivision as issued by the State of Colorado Division of Water Resources at the time of Final. Plat. 22. Impact fees shall be paid to the Carbondale and rural Fire Protection District prior to finalization of the final plat. The Applicant shall provide a receipt to the Planning Department proving a payment has occurred. 23. The Applicant shall either provide a land dedication or pay cash -in -lieu for the required School Impact Fees at the time of Final Plat. This payment shall be made to (� ,`' the Garfield County as part of Final Plat. Dated this 16th day of septembe j A.D. 2002. ATTEST: GARFIELD COUNTY BOARD OF COM► _ IONERS, G • t IEf.D COUNTY, 1111010111111131101111111011113111111111 610821 09/17/2002 03:21P B1387 P108 M ALSDORF 8 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin Nay Larry McCown Aye Walt Stowe Aye STATE OF COLORADO County of Garfield )ss ) 9 I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2002 County Clerk and ex -officio Clerk of the Board of County Commissioners Land Title Guarantee Company Date: October 09, 2000 BLUE CREEK LAND HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY %LANE INDUSTRIES ONE LANE CENTER 1200 SHER. ER RD NORTHEROOK, IL 60062 ARTHUR SCHILLER Enclosed please find the title ;osurance policy far your property located at 3220 COUNTY ROAD 100,CARBONDALE. CO 81G23 Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions regarding your Final title policy, you may contact Title Department Phone: 970-945-2610 Fax: 9M-945-4784 Please refer to our Order No. GW234155 Should you decide to sell the property dewribed in this policy, or if you are required to purchase a new title commitment for mortgage purposes, you may be entitled to a credit toward future thle insurance premiums_ Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products and services to you quickly and efficiently. Thank you for giving us the opportunity to serve you. Sincerely, Land Title Guarantee Company APPENDIX 2 bb/ 2:Z/ "ZULU 1:38 9707049006 WINDRIVER DEVT CO PAGE 03 r U 11 n+D/OR.T LTG Policy No. LTHH234155 Our Order No. GW234155 Schedule A Amount $4,312,500.00 Property Address: 3220 COUNTY ROAD 100, CARBONDALE, CO 81623 1. Polity Date; September 29, 2000 at 5:00 P.M. 2. Name of Insured: BLUE CREEK LAND HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY 3. The estate or interest in the land described or referred to in this Schedule and which is covered by this policy is: A Fee Simple 4. Title to the estate or interest covered by this policy at the date hereof is rested in: BLUE CREEK LAND HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY S. The land referred to in this policy is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION This Policy valid only if Schedule B is attached. Land Title Guarantee Company Representing Old Republic National Title insurance Company 06/22/2001 09:38 9707049006 WINDRIVER DEVT CO PAGE 04 LTG Policy No. LTHHZ34155 Our Order No. GW234155 LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE UNITED STATES GOVERNMENT LOTS 1, 2, 6, 7, 11 AND THE NORTHEAST QUARTER SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, SAID PARCEL IS LOCATED SOUTHERLY OF COLORADO STATE HIGHWAY NO. 82, EASTERLY OF GARFIELD COUNTY ROAD 100 AND NORTHERLY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT-OF-WAY, AND IS MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID GOVERNMENT LOT 2. SECTION 31, THENCE SOUTH 00 DEGREES 55"02" EAST, A DISTANCE OF 1197.02 FEET TO THE INTERSECTION OF SAID COUNTY ROAD 100 EASTERLY RIGHT-OF-WAY WITH THE SOUTHERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY NO. 82, THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID STATE HIGHWAY SOUTHERLY RIGHT-OF-WAY THE FOLLOWING: NORTH 81 DEGREES 01'05' EAST, A DISTANCE OF 7.29 FEET TO THE POSITION FOR COLORADO DEPARTMENT OF TRANSPORTATION (CDOT), MONUMENT 529 OF PROJECT NO. CX(FC) 24-0082-26 (MISSING), (SAID POINT IS MARKED BY A WITNESS CORNER MONUMENT, A 518' STEEL ROD WITH YELLOW PLASTIC CAP MARRED BUETTNER 13166 WC, AT A DISTANCE OF NORTH 81 DEGREES 01'05" EAST, 2.00 FEET FROM THE CDOT MONUMENT POSITION, SAID WITNESS CORNER MONUMENT IS LOCATED AT TIME BASE OF A WIRE FENCE); TBENCE NORTH 81 DEGREES 01'05" EAST, A DISTANCE OF 120.91 FEET TO A CDOT MONUMENT 530 OF SAID CDOT PROJECT; THENCE NORTH 72 DEGREES 01'13' EAST, A DISTANCE OF 188.81 FEET TO THE CDOT MONUMENT 531 OF SAID PROJECT; THENCE SOUTH 84 DEGREES 43'15" EAST, A DISTANCE OF 401.16 FEET TO THE CDOT MONUMENT 532 (MISSING NOW MARKED WITH A 5/8' STEEL ROD AND YELLOW PLASTIC CAP MARKED BUETTNER 13166), OF SAID PROJECT; THENCE SOUTH 78 DEGREES 30'40" EAST, A DISTANCE OF 32.98 FEET TO A WIRE FENCE CORNER; THENCE DEPARTING SAID STATE RIGHT-OF-WAY SOUTH 00 DEGREES 35'23' WEST, A DISTANCE OF 1834.33 FEET ALONG A WIRE FENCE TO A FENCE CORNER; THENCE SOUTH 89 DEGREES 16'38' EAST. A DISTANCE OF 231.46 FEET TO A FENCE CORNER; THENCE SOUTH 00 DEGREES 10' 42" EAST A DISTANCE OF EAST, A DISTANCE OF 785.71 FEET ALONG A WIRE FENCE TO A INTERSECTION WITH THE DENVER AND RIO GRANDE WESTERN RAILROAD NORTHERLY RIGHT-OF-WAY, SAID POINT OF INTERSECTION BEING WITHIN THE ROARING FORK RIVER; THENCE WESTERLY ALONG SAID NORTHERLY RAILROAD RIGHT-OF-WAY, BEING LOCATED WITHIN THE ROARING FORK RIVER THE FOLLOWING: SOUTH 80 DEGREES 27`41" WEST, A DISTANCE OF 230.73 FEET; SOUTH 83 DEGREES 46'38" WEST, A DISTANCE OP 96.97 FEET: SOUTH 84 DEGREES 11'43- WEST A DISTANCE OF 99.20 FEET; SOUTH 84 DEGREES 12'11" WEST. A DISTANCE OF 99.74 FEET; SOUTH 84 DEGREES 12'20" WEST, A DISTANCE OF 99.08 FEET; SOUTH 84 DEGREES 12'45' WEST, A DISTANCE OF 103.09 FEET; SOUTH 84 DEGREES 06'14" WEST, A DISTANCE OF 97.41 FEET; SOUTH 84 DEGREES 09'08' WEST. A DISTANCE OF 100.70 FEET; ib/21I2@01 B9:38 9797049906 WINDRIVER DEVT CO PAGE 95 LTG Policy No. LTHH234155 LEDAL DESCRIPTION Our Oder No. GW234155 SOUTH 84 DEGREES 53'34" WEST, A DISTANCE OF 96.53 FEET; SOUTH 86 DEGREES 56' 14" WEST, A DISTANCE OF 93.61 FEET; NORTH 89 DEGREES 35'50' WEST, A DISTANCE OF 93.75 FEET; NORTH 86 DEGREES 21 VI" WEST, A DISTANCE OF 94.46 FEET; NORTH 82 DEGREES 59'43` WEST, A DISTANCE OF 94.93 FEET; NORTH 79 DEGREES 59'43" WEST A DISTANCE OF 95.24 FEET; NORTH 77 DEGREES 47'12" WEST, A DISTANCE OF 97.04 FEET; NORTH 77 DEGREES 19'56" WEST, A DISTANCE OF 99.76 FEET; NORTH 77 DEGREES ID' 16" WEST, A DISTANCE OF 86.35 FEET TO A INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY OF GARFiELD COUNTY ROAD 100; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY THE FOLLOWING COURSES AND CURVES: THENCE NORTH 36 DEGREES 10' 38" EAST, A DISTANCE OF 92.37 FEET; 'THENCE ALONG A CURVE TO THE LFET 145.86 FEET, THE RADIUS OP SAID CURVE BEING 340.27 FEET, THE CENTRAL ANGLE IS 24 DEGREES 33' 37", THE CURVE LONG CHORD BEARS NORTH 24 DEGREES 23' 49" EAST, A DISTANCE OF 144.75 FJE 1; THENCE NORTH 12 DEGREES 07' 00" EAST, A DISTANCE OF 1490.001:t;E1; THENCE ALONG A CURVE TO THE LEFT 296,07 FEET, THE RADIUS OF SAID CURVE BEING 1462.39 FEET, THE CENTRAL ANGLE IS 11 DEGREES 36' 00", THE CURVE LONG CHORD BEARS NORTH 06 DEGREES 19' 00" EAST, A DISTANCE OF 295.57 FEET; THENCE NORTH 00 DEGREES 30' 48" EAST, A DISTANCE OF 727.56 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO Ubf ,2/ LU01 97070490 s . r r HAL*. Ub Form AO/ORT Our Omer No. GW234155 Schedule B LTG Policy No. L? . nni.i i z. J This policy does not insure against loss or daxnage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records, 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or matezial theretofore or hereafter furnished, unposed by law and not shown by the public records. 5. TAXES FOR 2000 AND SUBSEQUENT YEARS ONLY, NOT YET DUE AND PAYABLE. 6. THE EFFECT OP INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 7. WATER RIGHTS OR CLAIMS TO WATER RIGHTS. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 11, 1894, IN BOOK 12 AT PAGE 333 AND RECORDED FEBRUARY 19, 1915.IN BOOK 71 AT PAGE 603. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 11, 1894, IN BOOK 12 AT PAGE 333 AND RECORDED FEBRUARY 19, 1915 IN BOOK 71 AT PAGE 603. 10. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC IN INSTRUMENT RECORDED FEBRUARY 18, 1972 IN BOOK 427 AT PAGE 292 AND RECORDED OCTOBER 30, 1984 IN BOOK 659 AT PAGE 260. 11. ANTS AND RIGHTS OF WAY AS GRANTED TO ROCKY MOUNTAIN NATURAL GAS IN INSTRUMENT RECORDED OCTOBER 19, 1961 IN BOOK 337 AT PAGE 236. 12. EASEMENTS AND RIGHTS OF WAY FOR PIPELINE AS CONTAINED IN INSTRUMENT RECORDED MARCH 14,1962 IN BOOK 340 AT PAGE 26. 06/22/2001 69:38 9/0/048b0b W1NVI' lv A< ULV I u; oro AO/ORT Our Order No. GW234155 LTG Policy No. LTHTI234155 Schedule B 13. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR. REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNTIED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, AS CONTAINED IN INSTRUMENT RECORDED APRIL 07, 1969, IN BOOK 401 AT PAGE 28. 14. TERMS, CoNDTTTONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED APRIL 22, 1980 IN BOOK 547 AT PAGE 284. 15. A.I.I. ACCESS RIGHTS TO HIGHWAY NO. 82 AS CONTAINED IN RULE AND ORDER RECORDED FEBRUARY 28, 1995 IN BOOK 932 AT PAGE 775 16. EASEMENTS AND RIGHTS OF WAY FOR THE BASIN DITCH AND THE MIDDLE DITCH AND ALL LATERALS THEREOF. 17. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OP THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS 114 THE ROARING FORK RIVER LYING WFTHiN SUBJECT LAND; ANIS ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCR1B1NG OR LOCATING SUBFECT LANDS_ 18. EASEMENTS AND RIGHTS OF WAY FOR COUNTY ROAD 100. 19. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON THE SURVEY PLAT DATED AUGUST 27, 2000 PREPARED BY LOUIS BUETTNER. +...wa vim. .!V I U Itl47t7Ub WINDk1VEN DEV I CLI I .r t:WO- hr's s r'• � s r -z . �1Y? ‘Nmi-1-473„ • !-"taut rpt, r.1- 1-Thteinv,rs - * ** (it * �[ * * SUBJECT TO THE EXCLUSIONS FROM COVERAGE.TIME EXCEPTIONS FROM COVERAGE CONTA.NED IN SCHEDULE * ac * B AND Tele CONDFTIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TFTIE INSURANCE COMPANY, a MinnesuIa corporation. herein called the Company, insures, as of Date of Policy shown in Schedule A, against Foss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason at 1 Tide to the estate or interest described in Schedule A being vested other than as stated therein; 2_ Any defect in to lien or encumbrance on tfie• title; 3. Unmarketability of the title; 4_ Lack of a right of access to and fen ifle land_ The Company will also pay the costs, an© eye fees and expenses incurred in defense of the title. as insured. but only to the extent provided in the Conditions end Stipulations. IN WITNESS VVHEA€OF, the said Old Rep tic National Title insurance Company has caused its corporate name and seal to be hereunto refixed by its duly authorized cff`cers as of ":e date shown in Schedule A, the policy to be valid when countersigned by an autnorized officer or °gent of the Company. EXCLUSIONS FROM COVERAGE The following matters are expressly exclr.ded from tie coverage of this policy and the Company with not pay loss or damage, costs, attorrfeys' fees or expenses which arise ay reason of: 1. (a) Any la:v, ordinance cr gnvemmnrral regulation (including, but not limited It. ttuiiding and zoning laws, ordinances. or regula:ionsl restricting, regulating, prohibiting Pr relating to Cil the occupancy. use, or enjoyment of the land; (Otte character, dimensions or iretion of any improvement now or hereafter erected on the land) Oil a separation in ownership era change it the dimensions cr area of the land or any parcel of which the }an is or was a part or (iii environmental protection. or the effect of any violation of these laws. ordinances or governmental regularcns exceptto the extent at a notice cf the enfortement thereof ora notice of a defect ,len or encumbrance resulting from a violation or alleged violation affecting T`ie land h been recorded in Me public records at Date of Policy. (b) Any governrnerta 1 police power not excluded by la) above, except to the extent flat a notice of the exercise thereof or a notice of al defect, lien or encumbrance resulting from a violation or alleged violation affectieg the land has been recorded in the public records at Date of P icy. 2. Rights of eminent dcmair, unless notice cf the exercise thereof has been recorded in the public records at Date of Policy, but not excludi g from coverage taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowl 3. Defects. liens, encumbrances, adverse claims, or other matters {a) created, suffered, assdrr`•ed or agreed to try the insured claimant lb) not known to the Company. not recorded in the public records at Cate of Policy, but known to the insured claimant and not disclosed in writing toll) Company by the insured claimant prior to the date the insured claimant became an insured under this police resulting in no ions or damage to the insured claimant; attaching or creating subsequent to Date of Po!icy, or (e) resulting in loss or damage which would riot have been sustained if the insureo claimant had paid value for the estate or interest soured bythis pa 4. Any claim, which arises out of the transaction vesting in the insured the Mate or interest insured by this polity, by reason of pie opera ion of federal banknrpuy, stere insolvency. or similar creditors' rghts laws, *+est rs based on: Ij (Cy (d1 cY- (a) the transaction creatng the estate or interest insured by this policy beiig deemed a fraudulerrt conveyance or fraudulenF transfer for (b) the transaction creating the estate or /merest insured bythis policy being deemed a preferential transfer except where the preferential tra^sfer results from the failure: (i) to timely recorc the instrument of transfer or f iij of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Issued through the Office ©f LAND TITLE GUARANTEE COMPANY 817 =WRAl7Q AVENUE SUITE 203 GL NWOOD SPRINGS, COL ORADO 81632 —afreese,S-Tee QLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company arm Se and uveMr* Sau:h, Minn' a0or s. Afiroessta 55adr (6037).11:1 06/22/2001 09:38 97070490196 CONDITiONS AND STIPULATIONS t. Definition of Terms. The following terms when used in tale porky mean: (a) "insured':. the insered rimed in Schedule A and, su:biectty Dry rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insere%s by operation of law aS distirguished from purchase including, b it not 'limited to. eeirs, distrtutees, devisees. survivors,. per lona , represereAtives. next of kin, or corporate or f euciary sucesscrs. (b) "insured clairant-: an insured claiming loss or damage. (c) "krowledge' or "mown`: actual knowledge, net constructive knowredge or notice wrich may be imputed to an insured by reason of the public records as defined in this policy ] any ower reeves which impart constructive notice of maters affecting the :and. Idl eland". the laid described or referred to it Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the Tines of the area described or referred to in Schedule A, nor any right, title, interest estate or easement in abutting streets, roads, avenues. alleys, lanes. ways or waterways, but nothing herein shall modify or limit the extent t which a right of access to and from the land is insured by this policy. le) "mortgage": mortgage, deed of trust. trust deed. or after security instrument_ (f. `public records' records estatriistsed under slatestatutes at Date of Policy for the purpose cf imparting constructive notice of matters relating to real property to purchasers for value and wit:taut knowledge. Web respec to Section teal(iv) cf the Exclusions from Coverage, `public records" shall also include environmental protection liens filed intra records of the clerk of the United States District Calrtfor the district in which the land ;s located. (g) "t.rrrnarketati'ity of the title ar, alleged or apparent matter affecting the title to the .a.^d. not excluded or excepted from coverage. which would eerfle a prrchaser of the estate or interest descr'i'bed in Schedule Ato be released from the ebl*gaU3r to purchase by virtue of a ccntractual ecneition requiring the delivery of marketable title. 2. Continuation of insurance After Conveyance of Tle. The coverage of teis policy shall continue in force as of Date of Policy in favor o+ err insured only so fang as tie Insured retains an estate or interest in Me land. or holds an indebtedness sectired by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall nave fablity by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest] This policy shall not continue in `orce ie favor of any purchaser from the insured of either (i) an estate or interest in the land, or (til an indebtedness secured brl a purchase money mortgage given to the insured 3. Notice of Claim to be Given by Insured Claimant The insured shall notify the Company promptly in writing (1)'n case of any litigation as set forth In Section 4{a) below, f ii) in case knowledge shall corre to an insured hereunder o+ any claim of title cr interest which is adverse to the title to the estate or i terest as insured. and which might cause loss or damage for which the Company may be liable try virtue of this policy, or ilii) if title to die estate cr interest. as insured. rs rejected as unmarketable. If prompt notice shall not be given to the Company. the^ as be the inst;red ail liability of the Company stat terminate with regard to the matter or matters for which prompt notice is required: provided. however, Haat failure ID notify the Cerrt:any shat. in no case prejudice the rights of any insured under this policy unless the Company stall be ,prejudiced by the failure and then only to the extent cif the prejudice. 4 Defense and' Prosec=ution of Actions; Duty of insured Caiman to Cooperate. (al Upon written request by the insured and subject to the options Contained in Section fi of these Conditions and Stipulations. the Company, at its I own cast and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third:party asserts a claim adverse to the title WINDRIVER DEVT CO PAGE 09 or Interest as insured, but only as to those stated causes of action alleging a defect. lien cr encumbrance or attler matter insured against by this policy. The Cerr.pany shall have the right to select Counsel of its ,:noise {suoject to the right of the insured to °eject for reasonable cause) to represent the insured as to those stated causes el action end shall rot be liable for and will not pay the fees of any other counsel. The Company will na, pay any tees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not Insured against by this polity. lb) The Company shall have the right. at its own cost to institute and prosseete any action or proceeding or tc do any other act which in its opinion may be necessary or desirable to establish the title to die estate or interest. as insured. or to prevent or reduce loss or damage to the instead. The Company may rake any appropriate action under the terms of this policy, whether or rot it shall be liable hereunder, and shall rot thereby conceoe liability or waive any provision of this policy. if the Company stall exercise its rights under this paragraph, it shall do so diligently lel Whenever the Company shah have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a crest of competent jurisdiction and expressly reserves the right. in its sore discretion, tc appeal from any adverse judgment or order. {dl In all cases valve this policy permits or requires the Company to prosecute ar provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein. and permit the Company to use, et its option, the name of the insurer; for This purpose. Whenever requested by the Cempany, the insured, at the Company's expense, shall give The Company all reasonable aid (i) in any action or proceecing, securing eetence, obtaining witnesses, prosecuting or defending the anion cr emceeing, or effectrrg settlement and Iii) in any other :awful act welch in the opinion of the Company may be necessa-y or desirable to establish t*e title to the estate or interest as ir-soed. If the Company is prejudiced by the failure of the insured t0 furnish the required cocoe-atron. the Comparry's obligations to the insured under the poky shall terminate. including any liability or obligation to defend. prosecute, or cent nue any litrgat:on. with regard to the matter or matters receirieg such cooperation. 5. Proof of Cass or Damage. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Comparre a proof of loss or damage signed and sworn to by the insured clelrnani shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage The proof of loss or damage she'd describe the defect nor Gen or encumbrance an the title. or ether rratter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, ttre basis of calculating the amount of the loss or damage If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage. the Company's obli.getiOnS to the insured sealer the policy shall terminate. including any liability ar obligation to defend. Prosecute. or continue any litigation, with regard to me matter or matters requiring such proof of toss or damage. in addition. The insured claimant may reasonably be required to submit to examination under oath by any authorized represertative of the Company and shall produce for examination, inspection and copying, at sue, reasonable times and places as may be desq r ted by any authorized representative cf the Company, ail records, books 'ledgers, checks. correspondence and mernoraida. whether bearing a date before or after Date of Policy. which reasonably ;certain to the loss or damage. Further, if regeested by any au:.horaed representative of the Company. the insured claimant shalt crant its permission, in writing, for any au nomad representative ofbhe Company x3 examine, inspect anti copy all recta's. books, ledgers. checks. correspondence and memoranda °n the custody or control of a till rd party, which reasonably pertain tc the loss or damage. Ail ICei tutee on inside track saver.! 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 VQI LLF .ut . x:77:.323 (Continued from inside frontccrver) /Ed /E149U05 information designated as cenf dential by the insured claimant provided tc the Company pursuant to this Section shall not be disclosed to others unless, it the reasonable judgment of the Cempany, itis ne_essary in the administration of the claim. Failure of the insured claimant, to submit for examination under oath, produce caber reasonably teq;testee information or grant permission to secure reasonabry necessary information from t rird partes as required in, this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. Options to Pay or Otherwise Settle Claims; Termination at Liability. In case of a claim under this peaty( the Company shall have the following additional options' (a) To Pay or `ender Payment or the Amount of insurance. To pay or :ender payment of the amount of insurance under this policy. together with any tests. attemeys' fees and expenses incurred by the insured claimant which were authorized by the Company. up to the time of payment or tender of payment and which the Company is obligated to pay. Upon she exercise by the Company of this cption, ail viability and obligations to the insured under this policy. other than to make the payment required, seal' terminate, including any'iiabil'ry or obligation tc defend, prosecute, or continue any litigation, arid the policy sf'all be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other Than the Insured or With the I^sured Clamant. (i) to pay or otherwise settle with other parties for or in The narne of an insures claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured ciairnartt which were authorized by the Cempany up to,the time of payment and which the Company is obligated to pay: or Iii) to pay or ctherwrse seittle with the insured claimant the loss or damage provided for under this policy.ltogether with any costs, attorneys' fees and expenses incur ed by the insured claimant which were authorized by the Company up at the time of payment ark! which the Company is otrligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (bail or (ii), the Company's abiigatIons to the insured under this Pe' ice for ere claimed loss or damage. other than the payments required to be merle. shall terminate, ireudirg any liability cr obligai on to defend. prosectee. 7. ,Determination, Extent ofLrahifii end Coinsurance Tris policy ;s a contract of indemnity against actual monetary lass or damage sustained or incurred by the i rsured claimant who has suffered loss or damage by reason of matters insured against by this policy and only To the extent herein described (a) The liability of the Company under this policy shall not exceed the least of: (i) the Anoint of Insurance stated in Schedule A: or, liif the difte•ence between the value of the irsered estate pr interest as insured and the value of the insured estate or interest subject to the defect, lien or enc;rmbrarce insured against by this policy. lb) In the event the Amount olj Insurance stood in Schedule: A at the Date of Pelrcy is less Than 80 percent of the value c` the insured testate or interest or tyre full consideration paid forthe land, whichrsver is less, or if subsequent to the Date of Parity an improvement is erected on the land which increases the va'ue of the insureo estate or interest by at least 2C percent ovar the Amount of Insurance stated in Schedule A. men this polity is subject to the follrrwing: or Continue any Iitigation. (i) where no subsequert .mprovement has been made, as to any partial less. the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy-, o (ill where a subsequentlimprovement has been made, as to any partial +ors. the Company shall only pay the loss pro rata in tea propertior teat 120 percent of the AtrOunt of insuranice stated in Schedule A bears to tee surr. of the Amount of'rstaanoe stated ie Schedule A and the amount expended for t'he 'lrnpcvement, a e provisions of this paragraph shall not appy to costs, anorneys' fees IJINI}l?IVER DEVT CO PAGE 10 and expenses for which the Company is Iiaole unaerttsis policy. and shall orey apply to that portion of any loss which exceeds, in the aooregate,10 percent of the Amou^t of Insurarce stated in Schedule A ;rJ The Cnmpany will pay only those costs, attorneys' fees and expenses irrcurTed in aceerdance with Seceion 4 of these CanCitiens and Stipulations. 8. Apportionment if the lana described in Schedule A consists of two Cr mere parcels which are not used as a single site. and a loss is established affecting rine or more of the parcels bort not all, the loss shall be computed and settled on a pro rata basis as if the arnnunt of insurance under this policy was divided pm rata as so the value on Date of Policy of each separate parcel tc tee whole Exclusive of any improvements made subsequent to Date of Polity, unless a liability or value has otherwise been agreec upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement ar by ar endorsement attached to this eel cy. 9. Limitation of Liability. (a) if the Company establishes the free, or removes the alleged defect lien or encumbrerce, or cures the lack of a right of access to or from the Tend, or cures the claim of unrnarkerabi!iy of 'title. all as insured. in a reasonab,y diligent manner by any method, including litigation and the completion of any appeals therefrom. it shall have fully performed its obligations wit^, respect to that matter and shall not be liable for any loss or damage cauSea thereby. (b) in the event of any litigation, irciuoing litigation by the Company cr with the Company's consent. the Company shall have no liability far less or damage ,inti: there has been a fnai determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as ir.sured. (c) The Company shall not be liable for loss ar damage re any insured for liability voluntarily assumed by the i^scred in settling any claim or suit without the prior written consent of me Company.. 10. Reduction of Insurance, Reduction or Termination of Liability. Ali payments under this policty except payments made far costs, attorneys' Nes and expenses. shall •eduo the amount of the insurance pro tanto. 7 I. Uarbil fy Novrftrmulatire. It is expressly understood that the amourrt of insurance under a is policy Shall be recused by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Scheduled or m which the insured has agreed, assumed, or taken subject. or which is hereafter executed by an insured and which is a charge or lien on the estate cr interest aescribed or referred to in Schedule A. and the amount so paid shall be deerned a payment under this policy to the insured Owner. 72. Payment pf Loss. la) No payment shall be made without producing this policy for endorssxnent orale payment uniessthe policy eras been lost or destroyed, in which case proof of toss or destruction shat) be furnished to the satisfaction of the Company. (b) When liability and the extent of foss or damage has beer cefiniteiy fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 cays therfter. 73. Subrogation Upon Payment or Settlement. Gal The Ccmyany's Right of Subrogation. Whenever the Company shall 'rave settled and paid a claim under this policy, all rigntof subrogation shall vest in the Company unaffected by arty act of the i^serried ciaimarn. The Company snail be eubroga: a to and be entitled to ail rights and remedies which tate insured cairnant would have had against any person or property in respect to the dish had his pokey not been issued. if re.-uested by :he Company, the insured claimant shall transfer to the Cornpaey all right and /Conereseron bac* awe." r c1 . V'$ 7UUb z fdIFIDPIVEW DEVT QLfl - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i ICamnu hem ;aside cever l remedies against any person or property necessary in order to perfect this rent of subrogation. The insured ciaimart shall peir tthe Cemparry to sue. cnmpremise or settle in the name Otte insued elairrant and to use the name of the insured claimant in any t,arsactian ar litigation i;rvolvingthese rights or remedies_ 1 a payrr;ent on account of a claim does net fully cover the Ices of the insured Claimant the Company shad ba subrogated to these rights ane remedies in the proportion while the Company': payr ent bears to the whole arrraunt of the loss. if foss should result from any act of the insured claimant, as stated above. that act shall not void this policy. out dee Company, in that evert. shall be required to pay only that part of any Icsses insured agairst oy this policy which shall exceed the amount. if any. Inst to the Company by reason of the impairment by tee insured claimant of the Company s right of subrogation. l'ol Tne Company's Rights Against Non-insured Obligors. The Company's riga at subrogation against non-insured obligors shall exist and s`rall include, without limitation, the rights of the insured to indemnities, guaranties, other pellicles of insurance Dr bonds. notwithstanding any terms or Gond ticrs contained in those instruments which prnyide for subrogation figrrtt by meson of this policy. 14, Arbitration. Unless prohibited by applicable saw, either the Company or the insured may demand arbitration Ders;rant tc the Title Insurance Arbitratior. Rules of the American Arbitration Association. Arbitrable metiers may include, but are not lim+.ted to. airy controversy or claim between the Company and the insured arising out of or relating to this policy, any senece o`. the Company in connection with its issuance cr the breach cf a policy provision or other obligation. Ail arbitrable matters when the Amount of Insurance is S1,Dno.]OO ar less shalt he arbitrated at tea aption of either the Ccmvany or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1.000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Ruses in effect on the date the demand for arbitration is made effect at Date el Palley shall be include attorneys' fens only if b permit a court to award attnme awardrendered ty the Arbitratr jurisdiction thereof. The law of the situs of the Insurance Arbitration Rules. A Company upon request at the option of the insured, tree Rales in finding upon the parties. The award may taws of the state in which the lard is located s' fees to a prevailing party. Judgment upon the rlsl may be entered in any court Farina land shall apply to an arbitration under the Tide rpy of the Rules may be obtained from the 13 Liability Limited to this Ptf!icy Policy Entire Contfacf. la} This policy together with all endorsernonts. if any, attached hereto by the Company is the entire policy and contract between the 'anent art: the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of less of damage, whether or not based en negligence. and which arises out of the sheers of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this polity. jcj No amendment of Or endorsement to this policy car be rade except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secreta . an Assistant Secretary, or Validating Officer or Authorized Sigrustory of the C mpany 15. Severabilrry. In the event any provisi n tri the policy is he invalid or unenforceable under the applicable law, thejpolicy shall be deemed not to include that provision and all other provis•ons shall remain in full force arid effect tT. Notices, 'Mere Sent All notices required to Ise given the Company end any staterrrent in writing required to be f urnisned the Company shall include the number of this ;mike and shall be addressed to it Home Officer 400 Second Avenue South, Minneapolis. M•nnesota 'r 1, (612) 371-1111_ Nov 21 02 01:48p Lane Industries E 847-564-2399 APPENDIX 3 C'Eirc. RANCH November 21, 2002 Mr. Fred Jarman Garfield County Building & Planning Dept. 109 8th St, Ste. 303 Glenwood Springs, CO 81601 Re: Blue Creek Ranch Dear Fred, p. 2 This correspondence serves as authorization that T, Arthur Schiller, representative of Blue Creek Land Holdings, LLC, hereby authorize Davis Horn Inc. to submit a land use application for Blue Creek Ranch, and act as representative on behalf of Blue Creek Land Holdings, LLC. If you have any further questions, please contact me at (847) 291-5703. Thank you for your attention to this matter. Best Regards, Arthur Blue Creek Land Holdings, LLC GB/rr c.tsfinedtwR Convenes\tale k u *r s Innalt* Gold hr.UI700240oe 3220 County Road 100 * Carbondale, Co 81623 * Phone: (970) 704-9007 * Fax: (970) 704-9006 GARFIELD COUNTY Building & Planning Department 108 8tn Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county. com Subdivision Application Form GENERAL INFORMATION Subdivision Name: Blue Creek Ranch Type of Subdivision: Sketch Plan Preliminary Plan _ Final Plat X APPENDIX 4 Name of Property Owner: Blue Creek Land Holdings, L.L. C. Address: 18351 State Highway 82 Telephone: 704-9007 City: Carbondale State: Colorado Zip Code: 81621 FAX: 704-9007 Name of Applicant: Wind River Development L.L.C. Address: 18351 State Highway 82 Telephone: : 704-9007 City: Carbondale State: Colorado Zip Code: 81621 FAX: 704-9007 Name of Engineer: Sopris Engineering LLC Mark Butler, P.E. - Yancy Nichol P.E. Address: 502 East Main St., Suite A3 Telephone: (970) 704-0311 City: Carbondale State: Colorado Zip Code: 81623 FAX: 704-0313 (FAX) Name of Surveyor: Sopris Engineering LLC Mark Butler, P.E. - Yancy Nichol P.E. Address: 502 East Main St., Suite A3 Telephone: (970) 704-0311 City: Carbondale State: Colorado Zip Code: 81623 FAX 704-0313 (FAX) Name of Planner: Glenn Horn, AICP, Davis Horn Incorporated Address: 215 S. Monarch St 104 Telephone: 925-6587 City: Aspen State: Colorado Zip Code: 81611 FAX: 925-5180 GENERAL INFORMATION Location of Property: Section 31 Township 73 Range 87W Practical Location / Address of Property: County Road 100 and State Highway 82 Current Size of Property to be Subdivided (in acres): 81.3 Acres Number of Tracts / Lots Created within the Proposed Subdivision: 48 Property Current Land Use Designation: 1. Property's Current Zone District: PUD 2. Comprehensive Plan Map Designation: Residential High Density Proposed Utility Service: ❖ Proposed Water Source: Private Common Water System ❖ Proposed Method of Sewage Disposal: Package Plant ❖ Proposed Public Access VIA: County Road 100 Easements: Utility: Gas Ditch: Lower Ditch Total Development Area (fill in the appropriate boxes below): I, THE SUBDIVISION PROCESS In order to subdivide land in Garfield County, an Applicant is required to complete the following land use processes in the following order. 1) Sketch Plan Review Process, 2) Preliminary Plan Review Process, and 3) Final Plat Review Process. This section will briefly describe the nature of each process and provide general direction including subdivision regulation citations to a potential applicant requesting subdivision approval in Garfield County. All of the Garfield County Zoning and Subdivision Regulations are located for purchase at the Planning Department and can also be found on the World Wide Web at the following address: http:llwww.garfield-county.comlbuilding_and_planninglindex.htm A) The Sketch Plan Review (Section 3:00 of the Subdivision Regulations) 1. Purpose The purpose of the Sketch Plan process is to allow an individual an opportunity to propose a subdivision in a "sketch" format to the Planning Department and the Garfield County Planning Commission in order to obtain a cursory review for compliance with the County's land use review documents, regulations, and policies to identify any issues that would need to be addressed if the proposed subdivision were to be pursued_ 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Sketch Plan review process as the first step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision (Section 2:20.48) as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Sketch Pian Review an Applicant is responsible for reviewing 11 26 2002 08:12 9707049006 Aug -29-02 02:15P Yusem / Morn wINPPIVEP DEvT C0 970 92S-+-÷ f-Y.Vat 01 and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at the next BOCC meeting to be placed on the consent agenda with a request to authorize the Chairman of the BOCC to sign the plat. Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and Recorder's Office for a fee of $11 for the first sheet and $10 for each additional sheet thereafter. This fee shall be Said by the applicant. This act of recording the signed Final Plat represents the completion of the Garfield County Suhdrvision Process. Please refer to the specific language in the Final Plat portion (Section 5:00) of the Subdivision Regulations for specific timelines and additional responsibilities required of the applicant to complete the Final Plat process. P.0I Please Note: This information presented above is to be used as a general guide for an applicant considering a subdivision in Garfield County. It is highly recommended that an applicant either purchase the Garfield County Zoning Resolution and Subdivision Regulations or access there on-line at: http:Jlwww.garfold-coufit y.conilb�rilding and p)artninglindex.htill in order to ascertain all the necessary requirements for each of the three steps including Sketch Plan Review, Preliminary Ptan Review, and Final Plat Review. !have read the statements above and have provided the required attached information which is corm_ . accurate 10 the best of my knowledge. if CD-2— ignature of applicant/owner) AM E Date Last Revised 1112112082. 9 APPENDIX 5 FINAL PLAT OF: BLUE CREEK RANCH CERTIFICATION OF .DEDICATION 41TD' OTNTRSIYIP /Mr ALL. A/EN BY TAME' PRESENTS TRAY BLUE cREMK LAND 2VLDLIGS. LTA J L171,ORLD0 IJJOTED LIAR/LITT ROMAINE FEZsE ADDRESS l3 STS CVUNTT ROAD NO CARBONDALE =DRAW .AW 815E2, BEING SOLE OMR IAO TEE SIMPLE OP ALL 0P TEAT REAL PROPWRTT DIESCRF33D AS FOLLOWS, A PARCEL OF LAND SVTUAYED IN 757 UNITED STATES GOVERNJ3'M W1S 1, 2, 5, 7, 11 AND TEE NORTHEAST QUARTER OF THE SOU7HEEST QUARTER O£ SECTION s7: 70Y372UP 7 500772 RANGE 87 x307 07 TRE STITH' PRINCIPAL Y7R(01'45 GARFIELD COUNTY CO20RAM. sAID PARCEL IS =AM sOLTHE31.Y Or TAN! COLORADO STAT! 27X0747 A{x Al2 RLCRS-07--1417 LASTERLT OF TRE GARFIELD COD'AT7 ROAD AES loo R1GAT-0F-140 AND A97RTRERLY OF TRY DENFER AND RIO GRANDE 7JSTERV RAId,'704D RIGHT -O.7 -ICY. AND IS lVR7 P4RTILTlLARLY DESCRIBED 1S JVLIDIS (VMMENC1 V 4T TALE r/TNESS CORNER TO THE 14VRT2EAS7 CORNER 0£ 54ID SECTION 34 A LAVA ROCK IN PL AGE TBAN4C6 5.58'25'58"7. A DISTANCE OF 7916.40 FEET 10 TR! IMIR5'JL7ION OP THE 14771RLY RNITT-07--EAT 07 00UNTY ROAD NA 100 AND THE SOU79a'LT RIGHT -0.7-1747 O7 57421 RICR747 N. RA TBE 70.MO OF BACINW7NG; rsihL! LEAPING SAID EASTERLY FIGHT -07-747 ALONE SAID SOUTHERLY RIG57-0I,-F47 OP 37.0E $108747 NTa 82 THE JVLLO7IM. FOUR (4) COURSLS. r.) N.6708•oe-1, 4 DISTJAVE Or 21.91 )717 8) NL7rsror3, A DISTANCE OF 188.34 FRET; 3.) 384'36'49'3. A D13TA4C! OP 401.16 FEET; 4.) 5.79''19"!. A DIS7L C1 OF 38L01 FEET, TO 4 IVINT ON TRE l4STMRL7 LINE Or COrERNMEAT LOT T,• TREACE .20,702'13-5. ALONG TRY7 EASTERLY 511173 OP SAID COYERNM7NT 2013 7 AND f/ A DISTANCE Dr 1,934.59 PEET; THENCE C0147NUISV 420M THE 145TMRLY LINE OF SAID CO71RNXMNT LOT 1T 509'51'10-1 • A DISTANCE OF 257.48 FEJT; TRACE 071.1/1iVINC 4LOAC THE EASTERLY LINE OP SAID 00718/137875071/ 5.0070'37'1, .4 DLSTAAC! OF 771.93 FEJT. TO A POINT 004 TRE NORTHERLY R1CHP-OF-FAT OF TELE DENVERAND 310 GRANDE FEsTERN RARR .42 T1L101 LEAVING SAID EASTERLY I1NE OF COV E5NNENT 207 11 THE FOLLOTINC FOUR (4) 117Uit5`.i;4 ALONE SAID NORTLEALY RAILROAD RICHT-OFLWAY.'• 1.) A DISTANCE OF 2^94.69 FEET ALONG TH! ARC 07 4 NO.I-TANL'ENT CURVE 70 TAT RICHT HAVING A RADIUS OF 864.93 FEET ANDA 0111,78AL ANGLE OF AV43'15- (CHORD REARS .7.75'42'/2".1. 23284! .5) 8.3733'50"J.. A DISTANCE OF 71900 FEST. 2) A D1S7450! OP 59228 FEET ALONG THE AST OF CURVE TO TRT RENT 5471110 A RADIUS 07 4509.86 FEET AND A CENTRAL AN'CL! OP f8'45'07' (CRORD BEARS 88703'40'7 989.64 7747)• I,) N.77•41'10 -!r, A DISTANCE of 2277.05 FEET TO J .001NT ON SAID E4S75547 RIONT-OF-TAY OF COUN77 ROAD 116 (00: THENCE! 47AIY0 SAID EASTERLY 111011T -OF -FAT TRE FOLLOW/AG FIFE (S) 005/5373:• 5) 11.36 22'28"$, A DISTANCE OP 199.29 FEET; 2.) A DISTANCE OF 146.90 FEAT ALONG THE 4/47 OF CUR&'! TO THP LETT RATING 4 RADIUS OF 540.90 7E27 AND 4 CENTRAL ANGLE of. 24`44'00" (080)15 BEARS 11.2700'25-E 14576 FEAT): 9:) N0T882$"d, A DISTANCE OF 1,490.00 FEET; 1.) A DISTANCE OF 296.10 FEET ALONG TNT .41111E of CUURVI TO THE LEFT RAVING .4 RALOUS OF 1,46250 FEST AND A CENTRAL ANGI.7 0r 7256'00" (CHORD BEARS /OS50 26"3 295.59 FEET); I) NT .135- 6, A DISTANCE OF 71290 FEET 7V THE 10/87 Or SAID PARCEL or LAND Lb 74 17NC 3Rd4Z818 SQUARE FEET OR 81.3.1E 4035 80370H1.13= THAT SAID 0711ER HAS CAUSED THE SAID REEL PROPERTY 70 BE LAID OUT 4WD SURT11 '0 AS BLUE CREEK RAhrE J SUBDIVISION OFA PART Of 04R7IELO 0005 7 L 505.4 % THAT SAID 075ER DOES 11114151 47431 737 70107IEC D4DICAYIOAE4 Of 104510/13 OF SAID REAL PR0PERT7` L ALL Pd141I0ALS OP 7117 1/78711 PLAT DEPICTED AND DESCRIBED AS AMASS, IRRIGATION AND 0711177 EASEMENTS AND LABELED 1JTH STREET NAM' ARE HEREBY PEDICA780 AND SAT 45437 TD 737 9504' CSEE5 RAECH BOME7771/1177 .ASSOCIATION FOR U5! AS STRAITS ROADS AND UT/2477 1ASE371TS 87 THE 374B1RS 7HEREOF TIMER CURETS AND INVITE= =EJECT TO. 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AMPS ID.V. 17110 COFIRNMBNT4L ENTITIES FILL rrrsr sr AVJUSD17 7011 OVER SAID TRAIT f, 737 UWDER7 0570 D71.75 SHALL CONCEIT SAID TRACT 1 TO THAT COV4RNE LHT4L EM/77 BY ES6Lt/T'ION AND DELry2RT OFA GENERAL 7ARRAN77 DEED C7NFE7TS SAID TRAC7 I, 2104TRTR 77TH /MPROVEALTNTS THEREON( 1F ANS TO SAND ENTITY. men.. 1...a.m a 144 wl '$t Nua3NY 'm ucu X119 47¢T N .e 9p3ET ,.491 were rum ,3-m 1W A15r NVhO Yaw 077X1• $ SO t4NY m7 INT MAX WaM r. a at..az :,a, >e1 �4 1511 05 TOWN OF CARBONDALE, COUNTY OF' GARFIELD, STATE OF COLORADO ---- -- SHEET 1 OF @ (CVM) 9. THAT CERTAIN PARCEL DEPICTED AND DiscAR1D ON THE 7)TR7N PLAT AS TRACT 2 IS ATRM97 030/0.47ED AND SET APART TO TBS BIDE 03177 /UMW' ROil10FN787 ASSOCIATION !OR TRW POL507fAC IMPOSAS.- A /CR TRT OWE 41/0 BEAM? 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REPAIR AND REPLACEMENT OF A 7437374753 7314748117 PLANT AND RELATED 7401117'115 TO PROVIDE CENTRALIZED 7437514755 TRC4733NT 5ERYICE TO TNM ME'YB6RS OF SAND 4SSICIATION AND oTHER PART/ES TO 7/103 TBE A 3(014T1ON MAY DECIDE TO PROVIDE SUCB SERVICE_ _ 7, AUL ~TIONS OF TAE 777'/1111 7/47' DEPICTED AND DESCRIBED AS UTILTY EASEMENTS ARA' HEREBY DEDICATED AND SETT APART AS PERPETUAL 8008-RTCIDSIYE EASEMENTS FOR THE USE AND 9E11EFIT OF TILE BLUE CREEK RANCH' 4101705NSRS ASSOCIATION 41,ID ALG PUBLIC AND PRIVATE UTILITY COMPANIE5, INCLUDING THE ASPEN EQUESTRIAN 532'42ES AND BLUE CREEK 7AT1R 4350147/0iL 1/93 THE IMPOSE OP INSTALLATION, M41STENANCE REPAIR AND REPLACEMENT OF UTILITY LINES AND FACILITIES, 270871135 71 75 THE PERPETUAL R/744NT OP ACRE= AND ECRGYS THERETO FOR THE AFORESAID UTILITY P 75.003ES, 010N TAE 717NDJT10N THAT SUCH EASEMENTS AND RICNTS BE UTILIZED Br THE 51)117534/4135' 111 A REASONABLE AND PRUCEAT 741/ ER ANY EASEMENT DE27CN4T1D AS BUND POR A SP501!/C UTIII77 SUCH AS 4 A04L637/C 74768 1111E 14553187 15 BSREBY DEDICATED AND SIT APART ASA UTILITY EASEMENT ONLY IVR 757 7807ID18 07 THE 05710NATED UTILITY, 5813? 153EI 1) DEDICATION s 78R77TTCJ1708 T) PSOPZRTT AND 7101708 61387771 381X7 X) 57581443149 47715104 S TRACT L1.70177 4) LaR:Y9sr 0114155 6) MAID LOTS 4-14 8 40-48 AND TRACT 6) RUE LOTS 15-25 T) INT= LOTS 88-34 AND x17457 9-9 8) FDD PLN sour r xoo CEEZLELCATIDN OF 12 1D/C T N OND 07X7RS.RYP (CONT) 8. 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AS AMENDED= UNDER I17CN ANT 48MB1R Of TBE ALBLIC BAS THE R1C87 SUBJECT T7 757 LA7S AND 347515417087 OP TRE STJT! OF 54105.450 AND THE LIMITATL7A515' AND COIRIITIONS HERB'/NAPTER SET FORTH TO 7417 AND PISS' 0777/1 THE SUET PROPERTY. PROVIDED A. 7152780 UPON THE SUBJECT PROPERTY SHALL 37 L32730 TO FE1d aTRIAN 75477 ' 305150 EST4BLISR7D 713140 SEASONS, B N4 TRASH LITTER ASHES, CARR4C3 FUNK, OR OTHER 31JOLR MATEW4L SMALL RE .013764 4BANDWIER OR OTELENFIST DEPGt5/T1D ON THE SUBJECT 7805187)' AND C 1170 CAMPING OR 04MP7IRE'S SEAI.L BE 71RJUT7ED oil TRE S 3.1177 PRDP8 77 TBS BLOT CREAT RANCR 3OME0783R7 ASSOCIATION SHALL HAVE TRT WCBT 1V CONVIT 787 42071 1217' 19ED PUBLIC 7188250 74513!1/? TO TBT COLORADO 0171SLON OF 71205/71 OR TO A 8131/027 SUPAORTED TJX 15E3PT NONPROFIT ORGAVEATIO ( 711X45'! PWJLARY IMPOSE 1S THE PRESERVATION. PROTECTION AND ENRJM:3'3ENT OF THE 00871874710/8 OR FILDLI71 VALUES OF TH8 708/477 PR7P61tl) .SO TANG AS SAN 1JS136NT REMAINS 4 PERPETUAL CONSERVATION 1.4578'AtANT 111 CROSS UPON TNT DESCRIBED PROPERT7 UNDER 7WCB 557 zrzaz3 OP TRE 5082/0 HAS THE ACRD TO FISH TH47 ALL 1SPENS15 FOR STREET PAFIAC AND IMPROVXMLYfS SHALL RE JT/R#T^R712 77 THE SELLER OR FENENAS73 REIT or TB! X1.7/1177' OF 0A.R7IELD IN 71TNESS 131RS07, SAID DIENER HAS CAUSED BTS NAME TO BE 5751 INTO SUBSCRIBED MS _ DAY OF RIDE CRESS LAND HOLDINGS, LLC A COWRA5 LIMITED LIABILITY COMPANY 22'. 2477 INVESTMENT LIMITED PARTNSRS3P, AN 1121.4015 LIMITED PARTNERSHIP, MANAGER Bl:• LANE INDUSTRIES 11/12. A D1J.A1AR8 CORK7R4f/011• GENERAL PARTNER BY ART 3X'11/.LER SENIOR TICE PRESIDENT OP LANE INDUSTRIES STATE of _ ) ) 53 C0UN7 7 OF THE AB07E AND PoRanoIND Docu4EN7 743 4087075150512 BEFORE ACE THIS DAT OF 20_ BY AS FOR AWE INDUSTRIES, INC, A D15474R8 CORPORATION, 071111UL PARTNER OF LAN! INVJS7'ME'NT LIAU7!D PART'NERSHIP..41/ 122711071 2710710 FEMURSW1.9 MANAGER OF BLE 04571 LAND 30201'NCST ll4 J CO10R430 2/MTT11D £/4511JT7 50MPAN7 FITNESS ACO' ELAND AND OFFICIAL NOT4R7 PEURL/0 AIY CVAINTSSOW lap/DDE. ADDRESS 1S• 4171ORA7r2 CERTIFICATE 1. LA7RF501 R OMEN; AN 47717RN1Y LICENL 10 TO PRACTICE Ur IN THE STATE O7 COLORED!. DO BEREBT 0757(17 71DT VHS 57f91A171S1D/ IS 1N SUBSTANTIAL 50MPLl4NCE 7175 TRE DA37/1LD 51X1/77 SMOOT/S1 14 REGULATIONS AND THAT ALL 01DRCAT10N3 TO THE PUBLICO AS DieSCR/BEN 0/1 TADS FINAL PLAT ARS FREE AND CLEAR OP ANY L5/173 CLAIMS OR E11CTIKBRAIIC57 OF RECORD 35017? .AS JVLL07S7' BT: .513974= R CRUUN ATTORNEY DATE BOARD OF =MT (03/1135103787 CERTIFICATE TH7S PLAT; APPR77ED BT THE BOARD OF C1X11,77 CONEOSSS10NE5S OF 04371!4.7 cower 002084DO THIS DAT OF 4.12 2003 FOR PILING 7119 TBl 05.ERE AND RECORDER OF GARFIELD X077877 AND 14R 5087174NCE 717 TBC COUNTY OF THE OWE/0 DEDICATIONS SBO7N NERS08 SU.BJELT 7O THF PROVISION THAT APPROVAL /KIM 741 082/04773 GARFIELD COUNTY FOR 737 717450(50 OR COALSTRUCTINC OF 171PRO78M811FS OR LANDS. 3114x1 5 OR 11,313EE77 DEDICATED TO TBS' PUBLIC MUTT AS S740T.0 CALLT 4018112 TO Br THE' EGASD OF 5WATT C' XMIS7S1057 5: Br B04R0 OF (07.7 CD,ADOS$JDNERS OAR 0ARtUir 0 52:07/7'7. 00208490 CHAIRJIIRN 71711&5'5 J6' HAND AAA THE SEAL OP TAT 000877 OF GARFIELD A27&57 SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREE'T', SUITE A3 CARBONDALE. 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GOAD 9459N.Y NOW 4'!05 775 P1e®(T 110504, L057,71 '5727177)2 3 l7171744rr APPROVED /DR 5037847 AND FORM vat' 4/774 NUT 723 4C7L7RAC1 O£ =W773 CALCULATIONS OR DRA17'/5G PURSUANT TO CRS. 1973 38-51-001 AND 102 (REVVED) Jr SIAL 0477/1511 cower 871374778 DATE 37478102'S 0E142771042E f, KAR17 S. man= D0 READY STATE THAT / 43 4 REGISTERED LAND SURVEYOR 21('.617760 FUNDER TBT LA7S OF THE STATE OF 07103421'0 THAT THIS PLAT IS A TISI4 CORRECT AND (0371171 PLAT OF TRE 4,,Lo1 cam' RANCH PLANNED UNIT 12171053787 AS LAID OUR FLAT7E$ DEDICATED AND S.110FN $BETON THAT SLEET PLAT 745 MADE PROM W ACCURATE SURVEY DP SAID PROPERTY' Br NE AND UNDER AIT SEMERW52011 AND CORRECTLY 557257 THE L0CAT0N AND DLILVASTATNS OP THE 381)10487 LOTS, 34310478154/10 S 7.21875 OF SAID SUBDIVISION 4S THE SAYE ARE S NEED UPON TRS` GROUND IN 5VAIPL/4/51 VIER APPLICABLE 1475/LT1087 COF3RAY180 TB! SUBDIVISION OF LAND IN FATNESS 7515.507 I HAV! SST A17 HAND AND SEAL TRIS 1)47 OP Ali 2002 MARK S. 240.7.68 LS /28843 0.57274110 RTT7 D FP's 017717104711 THIS PLT FAS FILED 1VR RE27030 IN 771 0717(7 07 723 CL?RA' 417 RSCORD85 OP 744/4711LU 5070X7!; 595014405 AT O'01C,R'RN THE DAT OF 2004 AS RECEPTION NLt CLERK AND 8579RRER BY. - 4127777 i i i i i MN i i i i i — i Ni i i i i i R lOw r g'�r� a k 01 g !Wex 9t'i l li xi It 0 IA 511g 10 1 11 IA 0. II lir $ J 11! lii! g Oil 04191 g IR gli4 X6: gle 5111°111 * *21 vg if141 gi ! 1g " ig; :114! 116:44! 11 41q11! 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TOWN OF CARBONDALE, COUNTY OF GARFIELD, STATE OF COLORADO SHEET 7 4F 11 ETAIL LOTS 28-38 AND TRA a N\\*7 /7') MOO' WC Srra.Or OFF CL sermor 2409' SOO JELDO. =IN tra.PY see LEOLLCii &IOW AZ= VER & MUFF EASDFDir 4 � Lao" &DO Ortlaor `` !Dr 33� 2acres 0.564 acress �x00' esr�ali-oc !4 \\\ = rY Am= pm • ✓ I wLrrr Ga4ifl T LOT &At ,r SElMr7r r '. r , r 2L00" Awes. pm! attlwar JI JTY US�1QIr %I...It!, .\\.\\,\LX\\\‘‘' -.‘‘4 Ort4(TO9 • SO9T A\l‘\ FtL+UI FRAU F ICY MAP sr, us r-6rw' t{iii i`R"i fit'-i►`�i'� iTL.Mar i�'i�F =moi irild1 iTri, it'i ii7 is .Mira no W L) o C7 4 2 C. n1— Q- c*- o �cr 11.= l—J C5 CJ 1-3y tzi0 a o o Cf) C H = = IIII MN MN r NE MI NM MN = I MO M milmsss s sssss mvmAwa I.M-.o m401•-0MH— NNNNNUNNNNNNNNNNNN OOb A 011 011,011, hhNmft NM hh hhhh yy>>'lti} yyr. �y}6Z'ryy 3 RR? y�y1}�}}w +yy`11 Si:i iii iiiii iiii iii: rX-VW 1a y!a!N ❑ Iold vireo r C) rcl o ov0000a. 000e;ii;;; o6666;6ns �€ NNNNNNNNNNNNNNNNNNNN hS?MyI>^eI]tiN)ti}\}'+1'■■1. }O }!"1#1a`ya�yy\)fw yyl yy`1 i iiiiCiiiiiiitli iiiiittt ti •['i Y[tYKt'tY Kai �L i+IKK��Y■ i 41 OC94a66O099+r-BGOU 8 n4WIAIEEMAINg o$ Y w � a 2 Slip 1#25S 01 111iaA iA A : RRN 4 6 A w AWI WWCY . 6 A w 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EXHIBIT A ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST BLUE CREEK RANCH PUD SE JOB NO. 20089.01 11/812002 ENGINEER'S ESTIMATE ITEM QUANTITY UNIT UNIT COST COST MOBILIZATION 1 1 LS LS 57,000.00 30,000.00 57,000.00 30,000.00 CLEAR AND GRUB _ TOP SOIL REMOVAL 8,200 CY 1.50 12,300.00 EXCAVATION 1 LS. 35,000.00 35,000.00 6 REMOVAL UNSUITABLE MATERIAL 5,000 CY 6.00 30,000.00 7 IMPORT PIT FIUN 5,000 CY 12.00 60,000.00 8 EFIOSION CONTROL 1 LS 10,000.00 10,000.00 3,340.001 9 SILT FENCING - - 1.670 LF. 2.00 10 CONSTRUCTION FENCING 2,100 LF. 4.00 8,400.00 12 TRAFFIC CONTROL SAWCUT REMOVE ASPHALT 1 LS 6,000.00 6,000.00 230 SY 4.00 920.00 13 4' ASPHALT PATCH ON CR 100 230 SY 20.00 4,600.00 14 3' ASPHALT ROADS 13,900 SY 11.50 159,650.00' 15 CLASS 6 ABC 3.6.00 60 CY 22.00 CY 22.00 79.200.00 1,320.00 16 GRAVEL DRIVE, LOT 1 8' CRUSHER FINES TRAIL 3,500 LF 12.00 42,000.00 18 8SOR 35 SEWER MAIN ` 3.630 LP 30.00 108.900.00 19 4` DIA SEWER MANHOLE _ 18 _ EA 2,100.00 37,800.00' 20 4' SEWER SERVICE 48 EA 1,200.00 57,600.00 21 4' PVC FORCED MAIN 1,156 LF 15.00 LF 37.00 17,340.00 197,220.00 22 8' DIP WATER MAIN 5,060 3/4' WATER SERVICES 49 EA 1,200.00 58,800.00 24 FIRE HYDRANT ASSEMBLY 9 EA 2,500.00 22,500.00 25 8" GATE VALVE 17 EA 900.00 ; 15,300.00 26 WATER INTERCONNECT 1 _ _ EA 1,000.00 1,000.00 27 18' ADS N12, 6 LOCATIONS 350 LF 30.00 10,500.001 28 29 24' ADS N12 1 LOCATION 180 LF 35.00 6,300.00 24"x35 "CMP ARCH, 1 LOCATION 55 FA 1 40.00 2,200.00 36 21' EARTHEN IRRIGATION DITCH 2,300 LF 5.00 11,500.00 37 4' UTILITY TRENCH ETC 4,260 LF 8.00 34,080.00 38 3' UTIUTY TRENCH ETC _ 469 LF 8.00 2,814.00 39 2' CONDUIT/ELECTRICAL & BEDDING 1,340 LF 2.50 _ 3,350.00 40 3' CONDUIT/TELE & BEDDING 4,730 LF 2.65 _ 12,534.50 41 2-112' CONDUIT/CATV & BEDDING 4,730 LF 2.60 12,298.00 42 ELECTRIC SPLICE/TRANS VAULTS 17 EA 500.00 8,500.00 43 3' GAS TRENCH 4,960 LF 5.00 241800..00 2.000.00 45 STREET SIGNS 8 EA 250.00 46 _ REVEGITATION 1 ' LS 5,000.00 5,000.00 157000.00 157,000.00 47 WASTEWATER TREATMENT FACILITY 1 LS 48 WETLAND MITIGATION_ 2,300 SF 2.30. 5,290.00 1,344,5$8.56 TOTAL i IM1� 7r _ APPENDIX 6 NOTE.. This opinion [lf probable conMWct on crest was prepared for budgeting purposes only. Sopes Engineering. LLC cannot be new responsible for variances !torn this estimate as actual costs may vary due to bid and market fluctuations. 1PPENDIX '1 SUBDIVISION IMPROVEMENTS AGREEMENT BLUE CREEK RANCH THIS AGREEMENT is made and entered into this day of December, 2002, by and between the BLUE CREEK LAND HOLDINGS, LLC, a Colorado limited liability company (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, (hereinafter "County"). WITNESSETH: WHEREAS, Owner is the owner and developer of certain real property located within Garfield County, Colorado, known as Blue Creek Ranch PUD, as approved and more particularly described in Garfield County Resolution No. 2002-82; and WHEREAS, approval for the preliminary plan for the Blue Creek Ranch PUD was also obtained under the terms and conditions set forth in Garfield County Resolution No. 2002-82; and WHEREAS, Owner has submitted to the County for its approval the Final Plat for Blue Creek Ranch (hereinafter "Final Plat") for all of the property lying within Blue Creek Ranch PUD which is described upon the Final Plat for Blue Creek Ranch and on the attached Exhibit A; and WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the State of Colorado, the Owner wishes to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Owner has completed or has agreed to complete certain subdivision improvements as set forth herein, has agreed to execute and deliver a letter of credit or other security to the County to secure and guarantee the completion of the subdivision improvements and its performance of this Agreement, and has agreed to certain restrictions and conditions regarding the issuance of building permits, certificates of occupancy and sale of properties, all as more fully set forth hereinafter. NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat of Blue Creek Ranch, subject to the terms and conditions of this Agreement, as well as the terms and conditions of the P.U.D. approval, the Preliminary Plan approval, and the requirements of the Garfield County Zoning and Subdivision Regulations. 2. OWNER'S PERFORMANCE. Owner has constructed and installed or shall cause to be constructed and installed, at its own expense, those improvements related to Blue Creek Ranch, which are required to be constructed by Resolution No. 2002-82, this Agreement, the Final Plat, and all Garfield County Zoning and Subdivision Regulations. The estimated cost of completion of the subdivision improvements related to Blue Creek Ranch is set forth and certified by a licensed engineer on Exhibit B attached hereto. Such improvements shall be completed on or before November 30, 2003. Additionally, the Owner shall comply with the following: a. all plat documents submitted prior to or at the time of the Final Plat approval, which are incorporated herein by reference, and made a part of this agreement; b. all requirements of Resolution No. 2002-82, including all requirements of the Garfield County Zoning Code and Garfield County Subdivision Regulations, as they relate to Blue Creek Ranch; c. all requirements of Resolution. No. 2002-83 which approves a floodplain special use permit for development of those portions of Blue Creek Ranch which are subject to the Garfield County Floodplain Regulations; d. all laws, regulations, orders and resolutions of the County of Garfield, State of Colorado, and affected special districts; and e. all designs, maps, specifications, sketches, and other materials submitted to and approved by any of the above -stated governmental entities. f. the improvements to be constructed by the Owner shall include, but are not limited to the following: (1) sewer collection lines, mains and interceptors, and wastewater treatment facility for Blue Creek Ranch as approved by Resolution No. 2002-82 and Site Application #4565 approved by the Colorado Department of Public Health and Environment on November 21, 2001. (2) water supply and distribution system, for Blue Creek Ranch and connection of said facilities to the Aspen Equestrian Estates water system as approved by Resolution No. 2002-82 and as set forth in the Water Supply and Connection Agreement dated September 5, 2002 between Blue Creek Land Holdings, LLC, Aspen Equestrian Estates, LLC, and Aspen Equestrian Estates Homeowners Association recorded in the Garfield County records in November 8, 2001 as Reception No. 591636. (3) internal roads, pedestrian ways, bike path, drainage features, utility Draft 1/3/97 Subdivision Improvements Agreement Page 2 structures, and irrigation ditches in accordance with the plans and specifications therefor contained in the Final Plat. The County agrees that if all improvements are installed in accordance with this Agreement, the Final Plat documents, the as -built drawings to be submitted upon completion of the improvements, the requirements of the Garfield County Zoning Code, all other requirements of this Agreement, and the requirements of Resolution No. 2002-82, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado with respect to Blue Creek Ranch, 3. SECURITY FOR IMPROVEMENTS. a. Cash or Letter of Credit. On or before the date of the recording of the Final Plat of Blue Creek Ranch with the Garfield County Clerk and Recorder, the Owner shall deliver cash or a Letter of Credit in a form acceptable to the County in the amount of $1,344,556.50 which is the estimated cost of completing the remaining subdivision improvements related to Blue Creek Ranch as set forth and certified by a licensed engineer on Exhibit B attached hereto. The Letter of Credit required by this Agreement shall be issued by a state or national banking institution acceptable to the County. If the institution issuing the Letter of Credit is not licensed in the State of Colorado and transacting business in the State of Colorado, the Letter of Credit shall be "confirmed" within the meaning of C.R.S. 4-5-106(2) by a bank that is licensed to do business in the State of Colorado, doing business in the State of Colorado, and acceptable to the County. The Letter of Credit must be valid for a minimum of six (6) months beyond the completion date for the improvements set forth herein. If the time for completion of improvements is extended by a written agreement to this Agreement, the time period for the validity of the Letter of Credit shall be similarly extended. Additionally, should the Letter of Credit become void or unenforceable for any reason, including the bankruptcy of the Owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance of the improvements, this Agreement shall become void and of no force and effect, and the Final Plats shall be vacated pursuant to the terms of this Agreement. b. Partial Releases of Security. The County shall release portions of the Security as portions of the subdivision improvements are completed to the satisfaction of the County. Certification of completion of improvements adequate to authorize release of security must be submitted by a licensed or registered engineer. Such certification authorizing release of security shall certify that the improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat plans, and shall be stamped upon as -built drawings by said professional engineer where applicable. Owner may also request release for a portion of the security upon proof (i) that Owner has a valid contract with a public utility company regulated by the Colorado PUC that obligates such utility company to install certain utility lines and (ii) that Owner has paid to such utility company the cost of installation of such utilities required to be paid by Owner under such contract. Draft 1/3/97 Subdivision Improvements Agreement Page 3 Upon submission of a certification of completion of improvements by the Owner, the County may inspect and review the improvements certified as complete, to determine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County determines that all or a portion of the improvements certified as complete are not in compliance with the relevant specifications, the County shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days specifying which improvements are potentially deficient. If no letter of potential deficiency is furnished within said fifteen (15) day period, all improvements certified as complete shall be deemed accepted and the County shall release the appropriate amount of security as it relates to the improvements which were certified as complete. If a letter of potential deficiencies is issued which identifies a portion of the certified improvements as potentially deficient, then all improvements not so identified in the letter of potential deficiencies shall be deemed accepted and the County shall release the appropriate amount of security as such relates to the certified improvements that are not identified as potentially deficient in the letter. With respect to any improvements certified as complete by the Owner that are identified as potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County shall have thirty (30) days from the date of the letter of potential deficiencies to complete its investigation and provide written confirmation of the deficiency to the Owner, If upon further investigation the County finds that the improvements are acceptable, then appropriate security shall be released to the Owner within ten (10) days after completion of such investigation. In the event the improvements are not accepted by the County, the Board of Commissioners shall make a written finding prior to requesting payment from the Letter of Credit. Additionally, the County shall provide the Owner a reasonable period of time to cure any deficiency prior to requesting payment from the Letter of Credit. c. Substitution of Letter of Credit. The County may, at its sole option, permit the Owner to substitute collateral other than a Letter of Credit acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. d. Recording of Final Plat. The Final Plat for Blue Creek Ranch shall not be recorded pursuant to this Agreement until the Letter of Credit described in this Agreement has been received and approved by the County. 4. WASTE WATER SYSTEM. All easements and facilities sites necessary for the wastewater collection system within Blue Creek Ranch shall be dedicated to the Blue Creek Ranch Homeowners Association on the Final Plat. No later than November 30, 2003, Owner shall complete construction of all wastewater collection system facilities for Blue Creek Ranch, and upon completion of such construction, all of such facilities and easements shall be conveyed by easement deed or bill of sale, as applicable, to the Blue Creek Ranch Homeowners Association. 5. WATER SYSTEM. AN easements and facilities sites necessary for the water subdivision Improvements Agreement Draft 113/97 Page 4 delivery system within Blue Creek Ranch shall be dedicated upon the Final Plat to the Aspen Equestrian Estates and Blue Creek Ranch Water Association as provided in the Water Supply and Connection Agreement dated September 5, 2002 between Blue Creek Land Holdings, LLC, Aspen Equestrian Estates, LLC, and Aspen Equestrian Estates Homeowners Association recorded in the Garfield County records in November 8, 2001 as Reception No. 591636. No later than November 30, 2003, the Owner shall complete construction of and transfer to the said Water Association, by appropriate instrument of conveyance, all improvements to the water system within Blue Creek Ranch, together with all water rights, water allotment contracts, well permits, and other water rights necessary to provide domestic water service to Blue Creek Ranch. 6. ROADS. All roads within the Final Plat for Blue Creek Ranch shall be dedicated to Blue Creek Ranch Homeowners Association as private rights-of-way. The respective Homeowners Association shall be solely responsible for the maintenance, repair and upkeep of said roads. The County shall not be obligated to maintain any roads within the subdivision. 7. AFFORDABLE DWELLING UNITS. Under the terms of the Blue Creek Ranch P.U.D., Owner shall provide nine (9) affordable dwelling units or lots as provided in this paragraph. The affordable dwelling units or lots shall be Lots 40, 41, 42, 43, 44, 45, 46, 47 and 48 as identified on the plat of Blue Creek Ranch (the "Affordable Housing Lots"). Draft 113/97 a. Improved Affordable Housing Lots. Owner shall construct a dwelling. unit on at least four (4) of the Affordable Housing Lots (the "Improved Affordable Housing Lots"), with those four (4) dwelling units having a combined total of at least seven (7) bedrooms. The four (4) Improved Affordable Housing Lots will be deed restricted, improved, sold and conveyed as follows: 1. No later than sixty (60) days following the recording of the Final Plat for Blue Creek Ranch, the Owner shall record an affordable housing deed restriction upon at least one (1) of the Affordable Housing Lots substantially in the form previously accepted by Garfield County and the Garfield County Housing Authority in connection with Midland Point Subdivision ("Master Deed Restriction"). Owner shall thereafter apply for and obtain a building permit to construct a dwelling unit on the Improved Affordable Housing Lot so deed restricted prior to the date the County issues the first building permit for a home on a free market lot within Blue Creek Ranch. Upon issuance of the building permit for the Improved Affordable Housing Lot, Owner shall cause the construction of a dwelling unit to be completed thereon in a diligent and workmanlike fashion and, upon substantial completion of the home, make the sarne available for sale under the terms of Master Deed. Restriction. Subdivision Improvements Agreement Page 5 Draft 1/3/97 i ii. At any time prior to the issuance of the eleventh (11th) building permit for a home to be constructed on a free market lot within Blue Creek Ranch, the Owner shall similarly subject an Affordable Housing Lot to the Master Deed Restriction, apply for and obtain a building permit for a home to be constructed on said Improved Affordable Housing Lot, diligently complete construction thereof and, upon completion, make the Improved Affordable Housing Lot available for sale subject to the Master Deed Restriction. iii. At any time prior to the issuance of the twenty-first (2151) building permit for a home to be constructed on a free market lot within Blue Creek Ranch, the Owner shall similarly subject an Affordable Housing Lot to the Master Deed Restriction, apply for and obtain a building permit for a home to be constructed on said Improved Affordable Housing Lot, diligently complete construction thereof and, upon completion, make the Improved Affordable Housing Lot available for sale subject to the Master Deed Restriction. iv. At any time prior to the issuance of the thirty-first (31St) building permit for a home to be constructed on a free market lot within Blue Creek Ranch, the Owner shall similarly subject an Affordable Housing Lot to the Master Deed Restriction, apply for and obtain a building permit for a home to be constructed on said improved Affordable Housing Lot, diligently complete construction thereof and, upon completion, make the Improved Affordable Housing Lot available for sale subject to the Master Deed Restriction. Discretionary Affordable Hou Lots. With respect to the five (5) Affordable Housing Lots that a - not + ed restricted, improved and sold by Owner as provided above (the r'scretionary Affordable Housing Lots"), the Owner shall have the discretion to either (i) subject any one or more of the same to the Master Deed Restriction, construct a dwelling unit thereon, and sell the Discretionary Affordable Housing Lot as an Improved Affordable Housing Lot, subject to the Master Deed Restriction, all as provided for in the case of the Improved Affordable Housing Lots, or (ii) impose an affordability restriction on any one or more of such Discretionary Affordable Housing Lots and sell the same as an unimproved lot subject to the affordability deed restriction as provided in this paragraph. If the Owner elects to sell one or more of the Discretionary Affordable Housing Lots as an unimproved lot, then the affordability deed restriction will provide that the maximum sales price of the unimproved lot shall be calculated to be one-third (I/3rd) of the maximum sales price Subdivision improvements Agreement ['age 6 r E of the lot had it been sold as an Improved Affordable Housing Lot. For example, using current information, under the Garfield County Affordable Housing Guidelines and Regulations, the maximum sales price of a completed home for a family of four (4) earning eighty percent (80%) of the Garfield County annual median income (assuming $165.00 per month for homeowners association dues, taxes and insurance and a 95/5 loan at 7% interest) is $157,895.00. Thus, one-third (1/3rd) of that amount is $52,105.00, which would be the maximum sales price for a Discretionary Affordable Housing Lot sold unimproved. The affordability deed restriction would further provide that if the Discretionary Affordable Housing Lot were resold prior to any improvement being constructed, the starting price for the calculation of the maximum resale price would be the purchase price of the improved land. If, on the other hand, the unimproved Discretionary Affordable Housing Lot is improved and then resold, the starting price for the calculation of the maximum resale price would be the maximum purchase price that the Improved Affordable Housing Lot could have been sold for in the first instance, regardless of the actual cost of the improvements. In all other respects, the affordable deed restriction for Discretionary Affordable Housing Lots that are sold unimproved shall be the same as the Master Deed Restriction. c. Timing of Sale of Discretionary Affordable Housing Lots. Regardless of whether the Owner elects to sell a Discretionary Affordable Housing Lot in an improved or unimproved condition, the first Discretionary Affordable Housing Lot shall be made available for sale no later than the issuance of the eleventh (11th building permit for a home to be constructed on a free market lot within ue ree t Ranch; the second Discretionary Affordable Housing Lot will be made avails a for sale no later than the issuance of the twenty-first (21n building perrnit for a home a free market lot within Blue Creek Ranch; the third Discretionary Affordable Housing Lot will be made available for sale no later than the issuance of the thirty-first (31s`) building permit for a home on a free market lot within Blue Creek Ranch; and the final two (2) Discretionary Affordable Housing Lots will be made available for sale prior to issuance of the thirty-sixth (36`h) building permit for a home on a free market lot within Blue Creek Ranch. In each case, the sale of the Discretionary Affordable Housing Lot, either improved or unimproved, shall be in accordance with the procedures and other terms and conditions of the Garfield County Affordable Housing Guidelines and Regulations then in effect, and subject to either the Master Deed Restriction or the affordability deed restriction as the case may be. d. Owner specifically acknowledges its obligation to provide affordable housing as set forth in this paragraph, and further specifically agrees that the County shall have the right to withhold building permits for improvements within Blue Creek Ranch in the event that the Owner fails in any of its obligations to provide Affordable Housing Lots as set forth herein. Draft 1/3/97 Subdivision Impravenfents Agreement Page 7 8. FEES IN LIEU OF DEDICATION OF LAND TO SCHOOL DISTRICT. The Owner shall make a cash payment in lieu of dedicating land to the Roaring School District, RE -1, calculated in accordance with Sections 9:80 and 9:81 of the Garfield County Subdivision Regulations, which states that the cash in lieu payment is equal to the unimproved per acre market value of the land multiplied by the land dedication standard multiplied by the number of units in the subdivision. The parties acknowledge and agree that for Blue Creek Ranch the total amount of the cash payment in lieu of dedication of land shall be calculated as follows: a. Unimproved per acre market value of land, based upon an appraisal submitted by Owner = $56,560.00; b. Land dedication standard (from Section 9:81): 48 single family DU's x .020 acres = 0.96 acres; and c. Total amount of cash in lieu payment: $56,560.00 x 0.96 = $54,297.00. The Owner shall therefore pay to the Garfield County Treasurer at or prior to the time of recording the Final Plat for Blue Creek Ranch the sum of $54,297.00 as a payment in lieu of dedication of land to RE -1 School District, which shall be utilized in accordance with the provisions of C.R.S. 30-28-133, as amended. The Owner specifically agrees that it is obligated to pay the above and foregoing fee, accepts such obligation, and waives any claim that it is not so obligated or required to pay such fee. The Owner agrees that subsequent to recording of the Final Plats, Owner will not claim, nor is the Owner entitled to claim, a reimbursement of the fee in lieu of land dedication to RE -1 School District which is paid in accordance with the provisions of this Agreement. 9. FIRE DISTRICT FEES. The parties recognize and agree that the approval of the Final Plats constitutes approval of forty-eight (48) new dwelling units. The parties agree that the Impact Fees for the Carbondale & Rural Fire Protection District shall be $417.00 per dwelling unit, or a total of $20,016.00 for Blue Creek Ranch. Owner shall pay to the Carbondale & Rural Fire Protection District a total fee in the amount of $20,016.00 for Blue Creek Ranch at or prior to the time of the recording of the Final Plat. Owner specifically agrees that it is obligated to pay the above and foregoing fee to the Carbondale & Rural Fire Protection District, accepts such obligation, and waives any claim that it is not so obligated or required to pay the Fire District Fees. Owner agrees that subsequent to recording of the Final Plat the Owner will not claim, nor is the Owner entitled to, a reimbursement of the Fire District Fees to be paid in connection with this Agreement. 10. INDEMNITY. 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. However, the Draft 1/3!97 Subdivision Improvements Agreement Page 8 Owner does not indemnify the County for claims made asserting that the standards imposed by the County are improper or the cause of the injury asserted. 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. 11. SALE OF LOTS. No lots within Blue Creek Ranch shall be conveyed prior to recording of the Final Plat. 12. ISSUANCE OF BUILDING PERMITS. As one remedy for breach of this Agreement, the County may withhold issuance of building permits for any structure within Blue Creek Ranch. The parties agree that no building permit shall be issued until the Owner demonstrates to the satisfaction of the Fire District that adequate water is available for the Fire District's purposes at the site of construction. Further, the parties agree that no certificate of occupancy shall be issued for any building or structure within the Final Plat until all subdivision improvements have been completed and are operational, as required by this Agreement. 13. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County 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. 14. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with any of the terms of this Agreement, including, without limitation, the provisions of paragraph 8, hereof, regarding Affordable Dwelling Units, and further including the terms of the Preliminary Plan, and the P.U.D. approval, the County shall have the ability to vacate the Final PIat 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. 15. BINDING EFFECT. This agreement shall be a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. 16. RECORDING. Upon execution and authorization by the County, the Owner shall record this agreement with the Office of the Clerk & Recorder for Garfield County, Colorado. Subdivision Improvements Agreement Draft 1/3197 Page 9 17. 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. 18. AMENDMENT. The parties hereto mutually agree that this Agreement may be amended from time to time, provided such amendment is in writing and signed by the parties hereto. 19. 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 Blue Creek Land Holdings, LLC with copies to: Lawrence R. Green Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 and: Arthur J. Schiller One Lane Center 1200 Shermer Road Northbrook, IL 60062 ENTERED INTO the day and year first above written. Member BLUE CREEK LAND HOLDINGS, LLC, a Colorado limited liability company By: Lane Investment Limited Partnership, an Illinois limited partnership, its sole By: Lane Industries, Inc., a Delaware corporation, General Partner Drail 1'3.97 Subdivision Improvements Agreement Page W By: Its: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By Chairman ATTEST: Clerk to the Board EAAP-DOCSUarry Grccri4Wed Rrvrs'Subdivoion Imp FE. ins Agrcmrnrt for fi]uc Cirek Knrrh 1 I-2i-ft2 Subdivision improvements Agreement Draft 1/3/97 Page 11 — I I NM NM S IIIMi NM = I I NM MI N M 111111 N r — fel as I h''''' NWE rilkA v ii41%,i0;44'44" � 4M M44 A�V� 1 4 Ap" A as r -as �4 191 11M! 4r11 WI 410 Mih \ R 'q� %Ng tie 3 n4 ;1 bya0k, "PlIt WWW 4 a *IN N 4,014h 44,wge44. W q11$14 keu 4ti t 01 Rtt R. a sg aha P:11 04N qg *.C1 8k �R A:t 44R N4-.4444yds ,% t � 144 OP p /614; ; i 1gl11 1 I of !$ 1910 A/ 1164 i 115i1 Ii 141411111! 111 il 111111 ,4:/,1 ill !hi! I: hill iig E114:Irti4 1;lq !!! lix 114-igi ;11/0 /11111141114g ;6 1: 91 11 ill 11 $11: j): 0 ! !tot! e 114 14 11114 1(414111r: 11; 1/4 Ill /Mill 141114 ;i INIMPA ib! 4 ql ; 1! as 4P,qqq ;, 41 1 ! 1!1(4; 11 0/112$41 R4 oill1114!; 1 1; IgiaA !ON d Iiii1! 1 1 ,, .I m if4 )P. gmg, 9xprti- ; r ir P; x1-414 9„11,4EAP gungs gig 111,; § t 4 rd is Rg fi • 1 t o a 41g /8X3 i X ig 1111! Ile!: 014 11A4X3gli r lig 1:4 gdIN Api11 h:g 1440 F 0 n rIi z 07 0 n 0 to En Qty as t z n1-` z© CJ c C) 0 0 Ii n 0 d • o �~7 a En MI 1 NM M M O - - MN M i NM S ME M = E or oar ge lar anis WAN EW .r ova■.09 ii.FYS r, trf .'r r�i rrrr rr r,r ia1. rrr,rJrr� ',f'�!'rrr, �� ,.,nt 1i s1p lL��;�r�yrir�F�, rir rreY'1` 'f i7 ";',r ter. ry / r'tt;'//r r r're 'r•JJ AfaN ;yirr Y �'tr i!a .surer^rrr W4 7e, /J.? :M:1:2E3 EENEEN: r gi i" 1 ii 4 ' 'r/ z 0 Z r --e Z t d'3 Ca 1-21 LT:ii illCf} c H tri0 03 Q C.� 3.44.110 OLD S4I` 'eV!" rdit bd 6-1 c� z 1 N MN MN MI OM I NM OM MI I = N N NM NM FTN -ALL PLAT OF: BLUE CREEK RA -I\ CH LOCATED IN A PORTION OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6th P.M. TOWN OF CARBONDALE, COUNTY OF GARFIELD, STATE OF COLORADO SHEET 7 OF ETAIL LOTS 20-39 AND TRACT 0-9 W -'1-\\N *Ica' MOO XTILIzia CPT C. rrre9 LOY M.L42 SMACK Lor 37 9,660 sq.ft. 0.222 ccres 1 rrs AO/ $111.7 serShrx, 30fivrarw 737.6r slur 3244' . 4 IVA 'ikt '‘fie ti #44414, 2107 NW 21111.03 Siad EASDIDIT zwir Accm & intrfAmarxr SMACK Lor 32 20.494 sq.lt 0.470 acres - Aar MSC SITIUCw GRAPHIC SCALE M T1MT 1 Irk ft LICIP0z F-1 now mr 1-1 nom retreat lerrr.....mo MIA" MUM SMACK CET CL irrif) , tMI KW , / srnmer KomEr• vigetAh. LA* ICY Marr Non ur. 6F -an aPer COTO IMO SP,i, WW1 NWT •rt Ans M R4 MOT telcut• ennui •Ar• 6.51. mi., ...I 1.1 iperipai %CM MOM 1YE f. Pt ixinnricavos wows m.o.. 11•111,21E= WIMMIIIEM17.1iMMiVrirWr ,WT7TV IM:Pa MSEMIErlUirWrgli MIEEMMXT7iMMilin _ =WM MEIMMIE=MEEr.".1. • MUM W1777 =EX= Wir7W7Wilri arra- I 1111 MEanOMM'MPIrl MEiDEIMM7liMMIWMFMTPMVa W`17.11rrirMillf-• M=MWTIWMIIIIIrFA7i WT17 =Vr ,i7TWN NVrr= Cek M=MMIRIErMmiE ,w7^ -,m1 4AANIMMVM M=MMWIIThi FIX° PRICE 10:1_ _MAE scars r^ few [31,113,11:1 ...11= MAW xd FIUU, si's §iso a'...... .0 iiirrM FFF FFFFF FIEF F!r Y YYYYYYYYYYiYY^i'+FYY Kr -do cod sa ore on+ akr d46a®.00m.. e...e� t=�C7J�"qtr R MNNNN SPIE!!!! Os.:�-i .w.iis�+YY Y`lY cG 4CGG.444gOPG ---e.n0 tm "s7 n t) - 0 0o td Vl —3 t—cz t1 co ©� Z D 1-32 Pci Mglgg q!;!!!,1 ilipiiiap IAA WWI11 Y mIging r E 1 C' Lor 4. LOT t gi gi I 1.. p A '4 0- 5 a age E ya t g PLp yIL;+/{✓ly X67 r.r r '1 !---,�ilec Yra7a lrlr= w •. i 1K IpiY gi gi I 1.. p A '4 0- 5 a age E ya t g PLp yIL;+/{✓ly X67 r.r r '1 !---,�ilec Yra7a lrlr= w •. i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 JAN -20-1900 22:34 EXHIBIT , ENGINEER'S OPINION OF PROLE CONSTRUCTION COST BLUE CREEK RANCH PUD SE JOB NO_ 20089.01 11/W2002 ITEM QUANTITY MOBILIZATION CLEAR AND GRUB TOP SOIL REMOVAL EXCAVATION 1 1 8,200 REMOVAL UNSUITABLE MATERIAL IMPOFIT PIT RUN 8 EROSION CONTROL 9 SILT FENCING 10 CONSTRUCTION FENCING 11 TRAFFIC CONTROL 12 SAWCUT REMOVE ASPHALT 13 14 15 16 17 4' ASPHALT PATCH ON CR 100 3' ASPHALT ROADS CLASS 6 ABC GRAVEL DRIVE, LOT 1 1 UNIT LS LS CY LS. 5,000 5,000 1 1,670 2,100 1 230 8' CRUSHER FINES TRAIL 18 8' 809 35 SEWER MAIN 19 4' DIA SEWER MANHOLE 2 21 22 4' SEWER SERVICE 4' PVC FORCED MAIN s' DIP WATER MAIN 23 24 25 3/4' WATER SERVICES FIRE HYDRANT ASSEMBLY 8' GATE VALVE 230 13,900 3,600 60 CY CY LS L F. L.F. LS SY SY ENGINEER'S ESTIMATE UNIT COST COST" 57,000-00 57,000.00 30,000.00 30,000.00 1.50 12,300_00 35,000.00 35,000.00 6.00 12.00 10,00000 3,500 3,630 18 26 WATER INTERCONNECT 27 18' ADS N12, 6 LOCATIONS 28 24' ADS N12, 1 LOCATION 29 24' X 35CMP ARCH, 1 LOCATION 36 21' EARTHEN IRRIGATION DITCH 48 1,156 5,060 49 9 5Y CY CY LF LF EA EA LF LF 2.00 4.00 6,000.00 4.00 20.00 11.50 30,000.00 60,000.00 10,000.00 3,340.00 8,400.00 6,000.00 2200 22.00 12.00 30.00 2,100.00 17 1 37 4' UTILITY TFIENCH ETC 38 3' UTILITY TRENCH ETC 39 2' CONDUIT/ELECTRICAL & BEDDING 40 3' CONDUIT/TELE & BEDDING 41 2-1/2' CONDUIT/CATV & BEDDING 42 43 ELECTRIC SPLICE/TRANS VAULTS 3' OAS TRENCH 45 STREET SIGNS 46 REVEGITATION 350 180 55 2,300 4,260 469 1.340 4,730 4,730 17 EA EA LF LF EA LF LF LF LF 1.200.00 920.00 46.00.00 159,850.00 79,200.00 1,320.00 42,000.00 108,900.00 37,800.00 57,600.00 15,00 17,340.00 37.00 1.200.00 _ 2.500.00 900.00 1,000.00 30.00 35.00 40.00 LF 4,960 8 47 WASTEWATER TREATMENT FACILITY 48 WETLAND MITIGATION 2,300 EA LF EA LS LSA SF 5.00 187,220.00 58,800.00 22,500.00 15,300.00 1,000.(}6 10,500.00 6,300.00 2,200.00 11,500.00 8.00 6.00 2.50 2.65 2.60 500.00 34,080-00 2,814.00 3,350.00 12,534.50 5.00 250.00 5,000.00 157,000.00 2.30 12,298.00 8.500.00 24,800.00 2,000.00 5,000.00 157,000.00 TOTAL 5,290.00 1,344,556.50 928 co. 77 • w higibx.At'q 'rgrsPON A `� `- NOTE: This opinion of prabatla conal ucton cost 885 prepared for budgeting purposes only. 5opris Engineering, LLC cannot be Ciotti responsible for variates from this estimate as aalval cots may vary due to b+d and market flactuationa. TOTAL P.02 Report Date: 11l2777002 09:01AM GARFIELD COUNTY TREASURER Paye: 1 CERTIFICATE OF TAXES DUE CERT 7.00205591 SCHEDULE NO: R007827 ASSESSED TO: BLUE CREEK LAND HOLDINGS, LLC 5680 GRAND RIVER DRIVE, N.E. ADA, MI 49301 ORDER NO:. VENDOR NO: BALCOMB AND GREEN PC PO DRAWER 790 GLENWOOD SPRINGS, CO 31602 LEGAL DESCRIPTION: SECT,TWN,RNG:31-7-87 DESC: A PAROLE OF LAND IN LOTS 1, 2, 6, 7, & 11. AND THE NESW, SLY QF HWY 82, ELY OF CR 100 & NLY OF DRGR ROW. BK:0506 PG:0567 BK:1209 PG:697 RECPT.570001 BK:1209 PG:694 RECPT'570000 BK:0932 PG:0775 BK:0840 PG:0215 BK:0828 PG:0837 PRER111321 PARCEL: 2391-311-00-033 SITUS ADD: 003220 100 COUNTY RD CARBONDALE TA)( YEAR CHARGE TAX AMOUNT 2001 TAX 2,35554 TOTAL TAXES GRAND TOTAL DUE AS OF1112712002 INTEREST FEES 0,00 0.00 PAID TOTAL DUE 0.00 0.00 2.355.74 0.00 ORIGINAL TAX BILLING FOR 2001 Authority GARFIELD COUNTY CARBONDALE FIRE BASALT WATER CONSER COLO RIVER WATER CONS SCHOOL DISTRICT RE -1 COLORADO MTN CQLLECC ROAD & BRIDGE FUND DEPT SOCIAL SERVICES GARFIELD CAP EXPEND TAXES FOR 2001 TAX DISTRICT 011 - 1R -MF Mili Lev 8,849 5.237 0.072 0.253 34.809 3.997 0.956 0.850 3.000 Amount 359.28 212.63 2.92 10,27 1,413.24 162.28 38.81 34 51 121.80 58-023 2,355.74 Values AGRI CULTUR AGRICULiUR AGRICULTUR Actual Assessed 15,680 4.550 11,240 3,260 355,410 32.790 TOTAL 385,330 40,600 FEE FOR TILLS CERTIFICATE 10.00 AUTAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENFIOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES, CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO 8C CONTACTED PRIOR TO REM] AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPI. 1. 2002, REAL PROPERTY SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER$ CHECK_ SPECIAL TAXING DISTRICTS AND THE B0UNOARIES OF SUCH DISTRICTS MAY BL ON FILE WITH THE BOAR() OF COUNTY COMMISSIONERS, THE COUNTY CLERK OR THE COUNTY ASSESSOR.. This certificate dons not indudc land or improvements asses ed under a separate account number, personal property taxes, transfer tax or misctax collected cn behalf of other entities. special or local improvement district assessments or mobile homes, unless specifically mentioned. 1. the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding safes for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption ace as noted herein. in witness whereof, I have hereunto set my hand and seal this 270 day at November, 2002. TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY P. 0. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 APPENDIX 8 TABLE OF CONTENTS ARTICLE 1.GENERAL1 1.1 Common Interest Communityl 1.2 Purposes of Declaration.1 1.3 Declaration.1 ARTICLE 2.DEFINJTIONS2 2.1 Act.2 2.2 Administrative Functions.2 2.3 Allocated Interests.2 2.4 Annexable Property.3 2.5 Articles of Incorporation.3 2.6 Assessment.3 2.7 Association3 2.8 Association Documents3 2.9 Association Functions.3 2.10 Association Properties.4 2.11 Board of Directors.4 2.12 Budget.4 2.13 Building Envelope.4 2.14 Bylaws.4 2.15 Common Area.4 2.16 Common Assessment.4 2.17 Common Expenses5 2.18 Common Interest Community6 2.19 Conservation Area6 2.20 Conservation Easement6 2.21 County6 2.22 Declarant6 2.23 Declaration? 2.24 Deed of Trust? 2.25 Design Review Committee? 2.26 Improvement? 2.27 Improvement to Property? 2.28 Irrigation Assessment.7 2.29 Irrigation System? 2.30 Lease7 2.31 Lot7 2.32 Maintenance Funds8 2.33 Management Agreement8 2.34 Managing Agent8 2.35 Master Deed Restriction8 2.36 Member8 2.37 Mortgage8 2.38 Mortgagee8 2.39 Mortgagor8 2.40 Notice and Hearing8 2.41 Notice of Completion] 2.42 Occupant9 2.43 Owner9 2.44 Permitted Exce tions 9 2.45 Person9 2.46 Planned Community9 2.47 Plat9 2.48 Public Open Space9 2.49 Record or Recorded9 2.50 Reimbursement Assessment 10 2.51 Riverl0 2.52 Rules and Regulationsl0 2.53 Sewer Assessment 10 2.54 Special Assessment 10 2.55 Successor Declarantl0 2.56 Supplemental Declaration 10 2.57 Supplemental P1atl0 2.58 Wastewater Treatment Facility10 2.59 Water Assessment 11 2.60 Water Association l l ARTICLE 3.GENERAL RESTRICTIONS APPLICABLE TO COMMON INTEREST COMMUNITY 11 3.1 Maintenance of Common Interest Communityl l 3.2 Property Uses12 3.3 Construction Type l2 3.4 13ui1ding Envelopesl2 3.5 No Noxious or Offensive Activityl2 3.6 Annoying Sounds or Odors 12 3.7 No Hazardous ActivitiesI2 3.8 No UnsightlinessI2 3.9 Yards13 3.10 Restrictions on Garbage and Trash' 3 3.11 Animals 13 3.12 No Temporary Structures 13 3.13 Restriction on Pipes and Utility Lines l3 3.14 Restrictions on Signs and Advertisingl3 3.15 Restrictions on Mining_or Drilling14 3.16 Wellsl4 3.17 Maintenance of Drainage l4 3.18 Wetlands and Floodplain Areas 14 3.19 Compliance with Insurance Requirementsl5 3.20 Compliance with Laws 15 3.21 Restrictions on Resubdivision of Lots 15 3.22 Consolidation of Lots 15 3.23 Water Systems and Wastewater Treatment15 3.24 Restrictions on Water Systems 15 3.25 Restoration in the Event of Damage or Destruction 16 3.26 Storagel6 3.27 Vehicle Repairsl6 3.28 Storage of Gasoline and Explosives, Etc 16 3.29 Trailers. Campers, Recreational and Junk Vehiclesl6 3.30 Fences16 3.31 Air Conditioning and Heating Equipment/Solar Collecting Devices 17 3.32 Leases 17 3.33 Easements; Utilitiesl7 3.34 Landscaj gl8 3.35 Maintenance of Common Areas l 8 3.36 Swirnming Pools and Pool Equipmentl8 3.37 Outside Lightint:l8 3.38 Fire Protection 19 3.39 Engineering and Soils Reportsl9 3.40 Irrigation Systems and Ditch Lateralsl9 3.41 Irrigation of Association Properties20 3.42 Antenna and Satellite Dishes20 3.43 Division of Wildlife Recommendations20 ARTICLE 4.ARCHITECTURAL APPROVAL21 4.1 Approval of Improvements Required.21 4.2 Improvement to Property Defined21 4.3 Membership of Committee21 4.4 Establishment of Subcommittees22 4.5 Address of Design Review Committee22 4.6 Submission of Plans22 4.7 Criteria for Approval22 4.8 Design Guidelines22 4.9 Design Review Fee23 4.10 Decision of Committee23 4.11 Failure of Committee to Act on Plans23 4.12 Completion of Work After Approval23 4.13 Notice of Completion24 4.14 Inspection of Work24 4.15 Notice of Satisfactory Completion of Improvement to Property24 4.16 Notice of Noncompliance24 4.17 Performance Guaranty for Noncompliance or Incompletion25 4.18 Failure of Committee to Act After Completion25 4.19 Appeal to Board of Directors of Finding of Noncompliance25 4.20 Correction of Noncompiiance26 4.21 No Implied Waiver or Estoppel26 4.22 Committee Power to Grant Variances26 4.23 Meetings of Committee27 4.24 Records of Actions27 4.25 Estoppel Certificates27 4.26 Nonliability of Committee Action27 4.27 Construction Period Exception27 ARTICLE 5.ASSOCIATION PROPERTIES28 5.1 Division Into Lots28 5.2 Delineation of Lot Boundaries28 5.3 Member's Rights of Use and Enjoyment Generally28 5.4 Right of Association to Regulate Use28 5.5 Inseparability of Lot29 5.6 Description of a Lot29 5.7 No Partition of Association Properties29 5.8 Redesignation of Common Areas30 5.9 Liability of Owners for Damage30 5.10 Association Duties if Damage, Destruction, or Required Improvements30 5.11 Delegation of Management and Maintenance Duties31 5.12 Limitation Upon Liability of Association3 l 5.13 Association Powers in the Event of Condemnation3 l 5.14 Title to Association Properties on Dissolution of Association3l ARTICLE 6.DECLARANTS RESERVED RIGHTS32 6.1 Completion of Improvements32 6.2 Sales, Marketing and Management32 6.3 Merger33 6.4 Declarant Control of Association33 6.5 Declarant's Rights to Grant and Create Easements33 6.6 Annexation of Additional Properties34 6.7 Annexation Procedure34 6.8 Annexation of Additional Unspecified Real Estate35 6.9 Withdrawal Rights and Procedure35 6.10 Subdivision of Blocks or Lots or Units; Conversions of Lots or Units into Master Common Area35 6.11 Effect of Expansion or Contraction36 6.12 Other Reserved Development Rights36 6A 3 Transfer of Declarant's Reserved Rights36 6.14 Termination of Declarant's Reserved Rights37 ARTICLE 7.ASSOCIATION OPERATION37 7.1 Association37 1 1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 7.2 Association Board of Directors37 7.3 Membership in Assaciation38 7.4 Voting Rights of Members38 7.5 Declarant Contro139 7.6 Termination of Contracts and Leases of Deelarant39 7.7 Determination of Member Voting Privile39 7.8 Registration of Owners39 RTICLE 8.DUTIES AND POWERS OF ASSOCIATION39 8.1 General Duties and Powers of Association39 8.2 Duty to Accept Property and Facilities Transferred by Deciarant40 8.3 Duty to Manage and Care for Association Properties4o 8.4 Duty to Pay Taxes40 8.5 Duty to Maintain Casualty Insurannce40 8.6 Duty to Maintain Liability Insurance41 8.7 General Provisions Respecting Insurance41 8.8 Maintenance of Fidelity Insurance42 8.9 Other Insurance and Bonds42 8.10 Insurance Proceeds42 8.11 Nonliability of Association or Board of Directors42 8.12 Insurance Claims43 8.13 Benefit43 8.14 Other Insurance to be Carried by Owners or Occupants43 8.15 Repair and Replacement43 8.16 Cancellation44 8.17 Duty to Prepare Budgets44 8.18 Duty to Levy and Collect Assessments44 8.19 Duty to Keep Association Records44 8.20 Duties with Respect to Design Review Committee Approvals44 8.21 Duty to Water Association44 8.22 Power to Acq lire Property and Construct Irnprovernents45 8.23 Power to Adopt Rules and Regulations45 8.24 Power to Enforce Declaration and Rules and Regulations45 8.25 Power to Grant Easements46 8.26 Power to Conve and Dedicate Pro ert to Governmental A encies46 8.27 Power to Borrow Money and Mortgage Property46 8.28 Power to Engage Employees. Agents. and Consultants46 8.29 General Corporate Powers47 8.30 Power to Provide Association Functions47 8.31 Power to Provide Special Services to Members47 8.32 Power to Charge for Association Properties, Facilities and Services47 8.33 Power to Employ Managers47 8.34 Association as Attorney-In-Fact48 8.35 Powers Provided by Law48 ARTICLE 9.ASSESSMENTS, BUDGETS AND FUNDS48 9.1 Maintenance Funds to be Established48 9.2 Establishment of Other Funds49 9.3 Deposit of Common Assessments to Maintenance Funds49 9.4 Other Deposits to Maintenance Funds49 9.5 Disbursements from Maintenance Funds49 9.6 Authority for Disbursements49 9.7 Assessment Obligation49 9.8 Common Assessments50 9.9 Apportionment of Common Assessments50 9.10 Funding of Reserve Funds50 9.11 Supplemental Common Assessments50 9.12 Annual Budgets51 9.13 Commencement of Common Assessments/Common Interest Communities51 9.14 Payment of Assessment51 9.15 Failure to Fix Assessment51 9.16 Special Assessments52 9.17 Reimbursement Assessments52 9.18 Water Assessments52 9.19 Irrigation Assessments.52 9.20 Sewer Assessments.53 9.21 Roaring Fork Conservancy Educational Site Contribution53 9.22 Declarant's Obligation to Fay Assessments54 9.23 Late Charges and Interest54 9.24 Attribution of Payments54 9.25 Notice of Default54 9.26 Remedies to Enforce Assessments54 9.27 Lawsuit to Enforce Assessments55 9.28 Successor's Liability for Assessments55 9.29 Lien to Enforce Assessments55 9.30 Estoppel Certificates55 9.31 Assessments for Tort Liability56 9.32 No Offsets56 9.33 Liens56 ARTICLE 10,SPECIAL PROVISIONS56 10.1 Air Quality Restrictions56 10.2 Duration and Enforceability57 ARTICLE 11.MISCELLANEOUS57 11.1 Term of Declaration57 11.2 Declarant's Rights Regarding Transfer57 11.3 Amendment of Declaration by Declarant57 11.4 Amendment of Declaration by Members58 11.5 Amendment of Articles and Bvlaws58 11.6 Alternative Dispute Resolution58 11.7 Special Rights of First Mortgagees58 11.8 Priority of First Mortgage Over Assessments59 11.9 First Mortgage Right to Pay Taxes and. Insurance Premiums59 11.10 Association Right to Mortgage Information59 11.11 Notices59 11.12 Persons Entitled to Enforce Declaration59 11.13 Violations Constitute a Nuisance64 11.14 Enforcement of Self-Help60 11.15 Violations of Law60 11.16 Remedies Cumulative60 11.17 Costs and Attorneys' Fees60 11.18 Limitation on Liability60 11.19 No Representations or Warranties60 11.20 Liberal lnterpretation60 11.21 Governing Law61 11.22 Conflict of Provisions61 11.23 Colorado Common Interest Ownership Act61 11.24 Nonwaiver61 11.25 Severability6l 11.26 Number and Gender61 11.27 Captions for Convenience61 11.28 Exhibits6 1 11.29 Mergers or Consolidations61 11.30 Disclaimer Regarding Safety62 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BLUE CREED RANCH PUD THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BLUE CREEK RANCH PUD (this "Declaration") dated as of the day of 200_, shall be effective upon recordation and is made by Blue Creek Land Holdings, L.L.C., a Colorado limited liability company (the "Declarant"). ARTICLE 1. GENERAL 1.1 Common Interest Community. Declarant is the owner of that certain parcel of land located in the County of Garfield, Colorado, more particularly described on Exhibit "A" , attached hereto and incorporated herein by reference (the "Common Interest Community"). Declarant intends to develop the Common Interest Community as a high quality Planned Community of single family residential Lots. There shall be a maximum of one hundred and twenty (120) Lots within the Common Interest Community. 1.2 Purposes of Declaration. This Declaration is executed (a) in furtherance of a common and general plan for the Common Interest Community; (b) to protect and enhance the quality, value, desirability and attractiveness of the Common Interest Community; (c) to provide for an Association as a vehicle to hold, maintain, care for and manage Association Properties, including internal landscaped areas which will benefit all Owners of Lots; (d) to define the duties, powers and rights of the Association; (e) to define certain duties, powers and rights of Owners of Lots within the Common Interest Community; and (f) to comply with and effectuate the terms and provisions of the Act. 1.3 Declaration. Declarant, for itself, its successors and assigns, hereby declares that the Common Interest Community and any property which may become subject to this Declaration in the manner hereinafter provided, and each part thereof, shall from the date the same becomes subject to this Declaration, be owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered and improved subject to the covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes and other provisions set forth in this Declaration, for the duration hereof, all of which are declared to be part of, pursuant to, and in furtherance of a common and general plan of development, improvement, enhancement and protection of the Common Interest Community. The provisions of this Declaration are intended to and shall run with the land, and until their expiration in accordance with the terms hereof, shall bind, be a charge upon and inure to the mutual benefit of (a) the Common Interest Community, and each part or parcel thereof, (b) Declarant and its successors and assigns, (c) the Association and its successors and assigns, and (d) all Persons having or acquiring any right, title or interest in any property which is or becomes part of the Common Interest Community, or any part or parcel thereof, or any Improvement Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 9 of 62 thereon, and their heirs, personal representatives, successors and assigns. This Declaration shall be Recorded in the County and shall be indexed in the grantee's index in the name of the Declarant and the Association and in the Grantor's Index in the name of each person or entity executing this Declaration. ARTICLE 2. DEFINITIONS Unless otherwise expressly provided herein, the following words and phrases when used in this Declaration shall have the meanings hereinafter specified. 2.1 Act. "Act" shall mean the Colorado Common Interest Ownership Act, C.R.S. 38-33.3-101, et. sec ., as the same maybe amended from time to time. 2.2 Administrative Functions. "Administrative Functions" shall mean all functions as are necessary and proper under this Declaration and shall include, without limitation, providing management and administration of the Association; providing architectural review services under Article 4 hereof; incurring reasonable attorneys' fees and accountants' fees; obtaining errors and omissions insurance for officers, directors and agents of the Association; obtaining fidelity bonds for any Person handling funds of the Association; paying taxes levied against the Association Properties; incurring filing fees, recording costs, and bookkeeping fees; obtaining and maintaining offices and office furniture and equipment; and performing other such reasonable and ordinary administration tasks associated with operating the Association as determined by the Board of Directors from time to time. 2.3 Allocated Interests. "Allocated Interests" means the Common Expenses liability and the votes in the Association allocated to each Lot which interests are allocated as follows: 2.3.1 The Common Expenses liability for each Lot is calculated on the basis of a fraction, the numerator of which is one (1) for market -rate Lots 1 through 39, and the numerator of which is one-third (1/3) for deed -restricted Lots 40 through 48. The denominator of the fraction for all Lots is:. number of market -rate Lots + number of deed -restricted. Lots 3 The fractional product of such formula is then multiplied by the Common Expenses or the Common Assessment or Special Assessment in question to determine that Lot's share thereof. 2.3.2 One (1) vote in the Association is allocated to each Lot in the Common Interest Community. 2.3.3 The foregoing allocations may not discriminate in favor of Lots owned by Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PGD Page 10 of 62 Declarant or an affiliate of Declarant. 2.3.4 If Lots are added to or withdrawn from the Common Interest Community, (i) the Common Expenses liability for each Lot shall be reallocated on the basis of the formula set forth in Section 2.3.1 above, and (ii) one vote in the Association shall continue to be allocated to each Lot in the Common Interest Community following the addition or withdrawal of such Lots. The Allocated Interests for the Common Interest Community are specifically set forth on Exhibit B attached hereto and made a part hereof by this reference, as said Exhibit B may be amended from time to time. 2.4 Annexable Property. "Annexable Property"' shall mean that real property which is more particularly described on Exhibit C, attached hereto and incorporated herein by reference, and may include such other property which may be annexed to and made a part of the Common Interest Community, as more particularly provided herein. 2.5 Articles of Incorporation. "Articles of Incorporation" or "Articles" shall mean the Articles of Incorporation of Blue Creek Ranch Homeowners Association, which have been or will be filed with the office of the Secretary of State in the State of Colorado, as the same may be amended from time to time. 2.6 Assessment. "Assessment"' or "Assessments" shall mean the Common Assessment, Special Assessment, Reimbursement Assessment, Water Assessment, Sewer Assessment or Irrigation Assessment levied pursuant to Article 9 below. Assessments are also referred to as a Common Expense Liability under the Act. 2.7 Association. "Association" shall mean Blue Creek Ranch Homeowners Association, a Colorado nonprofit corporation, and its successors and assigns. The Association acts through its Board of Directors unless a vote of the Owners is otherwise specifically required by this Declaration or by the Articles of Incorporation or Bylaws of the Association 2.8 Association Documents. "Association Documents" shall mean the basic documents creating and governing the Common Interest Community, including, but not limited to, this Declaration, the Articles of Incorporation and Bylaws of the Association, and any procedures, rules, regulations, or policies relating to the Common Interest Community adopted under such documents by the Association or the Board of Directors. 2.9 Association Functions. "Association Functions" shall mean and include, but not be limited to, the act of providing, installing, operating, administering, managing, and overseeing public utilities, services, and functions for the benefit of Owners, including repairs, replacements and maintenance obligations commonly associated with municipal or other local governmental or quasi -governmental organizations, including, without limitation, repair and maintenance of streets, sidewalks, bicycle and pedestrian paths and walkways; animal, vegetation, insect, and Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 11 of 62 pest control; television service; parking facilities; public transportation facilities, including paths and trails; street cleaning and snow removal; signage, including entry monuments; lighting, including seasonal lighting; project and perimeter fencing; landscape walls, landscaping services and facilities; drainage facilities, including retention and detention ponds; trash and solid waste disposal services, including recycling programs; operation, maintenance and repair of utility services, including, without limitation, irrigation water service and wastewater treatment service, including the inspection, maintenance and pumping of the individual sewer system septic tanks on each Lot; and such other services, functions and activities, as are deemed appropriate by the Board of Directors. The foregoing list shall not be deemed to be a representation by Declarant of services of facilities which will be available for use of the Owners. 2.10 Association Properties. "Association Properties" shall mean: (a) all real and personal property, including Improvements, now or hereafter owned by the Association; (b) all Common Areas, now or hereafter owned by the Association; (c) all water, water rights, facilities infrastructure, and any other improvements associated with the Irrigation System and Wastewater Treatment Facility now or hereafter owned by the Association; or (d) all real or personal property with respect to which the Association holds an easement or license for the use, care, or maintenance thereof, or for which the Association has a right or duty to maintain, and which property is held for the common use and enjoyment of the Members pursuant to the terms and provisions of this Declaration. As of the date of this Declaration, the Association Properties are subject to the Permitted Exceptions. 2.11 Board of Directors. "Board of Directors" or "Board" shall mean the Board of Directors of the Association. 2.12 Budget. "Budget" shall mean a written itemized estimate of the Common Expenses to be incurred by the Association in performing its functions under this Declaration and prepared pursuant to Section 9.12 of this Declaration. 2.13 Building Envelope. "Building Envelope" shall mean that portion of each Lot which is designated on the Plat as suitable for construction of habitable living space thereon. As more fully provided herein, all Improvements to be constructed on a Lot, with the exception of Improvements which are necessary to facilitate ingress to and egress from a Lot or Improvements which are otherwise expressly authorized by the Design Review Committee, shall be located within the Building Envelope designated for such Lot. 2.14 Bylaws. "Bylaws" shall mean the Bylaws of the Association which have been or will be adopted by the Board of Directors of the Association, as the same may be amended from time to time. 2.15 Common Area. "Common Area" shall mean any portions of the Common Interest Community designated on the Plat as Common Area or Open Space and which is owned or maintained by the Association for the common use and enjoyment of the Owners, including, but not limited to, all streets, lanes, alleys, rights-of-way, roads, entry ways, ponds, entry features, Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 12 of 62 sidewalks, pathways, trails, gardens, pastures or other open space, and such other easements for the use and benefit of the Owners as may be provided in this Declaration. 2.16 Common Assessment. "Common Assessment" shall mean the assessments made for the purpose of covering the portion of the annual expense of operating and administering the Association, including, but not limited to, Common Expenses and expenses incurred in connection with certain authorized functions of the Association the costs of which are not otherwise provided for herein, which are to be paid by each Owner to the Association for the purposes provided herein and charged to such Owner and to the Lot of such Owner. 2.17 Common Expenses. "Common Expenses" shall mean any expenditures made or Iiabilities incurred by or on behalf of the Association, together with any allocations to reserves, including, but not limited to, the following: 2.17.1 The cost of maintenance, management, operation, snowplowing, repair and replacement of the Association Properties, including, but not limited to, the Common Areas, Conservation Area, Public Open Space, Irrigation System, Wastewater Treatment Facility, and inspection, maintenance and pumping of the individual sewer system septic tanks on each lot in Blue Creek Ranch, and of all other parts of the Common Interest Community which are managed or maintained by the Association or a Managing Agent; 2.17.2 The cost of maintaining and repairing structural elements of the Common Areas including any structures, sidewalks, walkways, driveways, fencing and trash bins within the Common Interest Community, and reasonable reserves for any of such costs; 2.17.3 The cost of maintaining, replacing, and improving the landscaping on the Common Areas; 2.17.4 The cost of improvements constructed from time to time by the Association on or in connection with the Common Areas, if such costs were included within a duly adopted Budget; 2.17.5 The cost of management and administration of the Association, including, but not limited to, compensation paid by the Association to managers, accountants, attorneys and employees, and/or costs provided to be paid by the Owners in accordance with the terms of this initial Declaration pursuant to the respective Management Agreements, if any, for the operation, management, and/or maintenance of the Common Interest Community; 2.17.6 The cost of insurance maintained by the Association as required or permitted herein; 2.17.7 The cost of utilities and services which are provided to the Association or the Common Interest Community or parts thereof and not individually metered or Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 13 of 62 assessed to Lots, and other services which generally benefit and enhance the value and desirability of the Common Interest Community, 2.17.8 Reasonable reserves for contingencies, replacements, and other proper purposes as deemed appropriate by the Board of Directors to meet anticipated costs and expenses including, but not limited to, maintenance, repair and replacement of Common Areas which must be maintained, repaired or replaced on a periodic basis; 2.1 7.9 Taxes paid by the Association; 2.17.10 The cost incurred by any committees that may be established from time to time by the Board of Directors and compensation that may be paid by the Association to members of such committees; 2.17.11 All expenses expressly declared to be Common Expenses by this Declaration, all expenses lawfully determined to be Common Expenses by the Board of Directors, and all expenses agreed upon as Common Expenses by the Members of the Association; and 2.17.12 Other expenses incurred by the Association for any reason whatsoever in connection with the Common Areas, or the cost of any other item or service provided or performed by the Association pursuant to any of the Association Documents or in furtherance of the purposes of the Association or in the discharge of any duties or powers of the Association. 2.18 Common Interest Community. "Common Interest Community" shall mean the real property described in Exhibit "A" attached hereto, subject to the Permitted Exceptions, together with all Improvements and other amenities now or hereafter located thereon, and together with all easements, rights, appurtenances and privileges belonging or m any way pertaining thereto. 2.19 Conservation Area. "Conservation Area" shall mean that portion of the Common Interest Community designated by the Declarant and described on Exhibit "C" attached hereto and which shall be subject to the Conservation Easement. 2.20 Conservation Easement. "Conservation Easement" shall mean that certain Grant of Conservation Easement to be granted by Declarant to the Roaring Fork Conservancy, and its successors and assigns, over the Conservation Area. The purpose of the Conservation Easement is to preserve the conservation values as defined in the Conservation Easement of the Conservation Area. The Conservation Easement grants to the Roaring Fork Conservancy the right to preserve and maintain those values within the Conservation Easement and along the Roaring Fork River. Pursuant to the terms of the Conservation Easement, the Declarant, and its successors and assigns, including the Association, shall be responsible to pay the Roaring Fork Conservancy for the performance of its duties under the Conservation Easement, all as more Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 14 of 62 particularly set out in the Conservation Easement. 2.21 County. "County" shall mean Garfield County, Colorado. 2.22 Declarant. "Declarant" shall mean Blue Creek Land Holdings, L.L.C., a Colorado limited liability company, its successors, assigns and affiliates. A Person shall be deemed to be a "successor and assign" of Blue Creek Land Holdings, L.L.C., as Declarant, only if specifically designated in a duly Recorded instrument as a successor or assign of Declarant under this Declaration and shall be deemed a successor and assign of Declarant only as to the particular rights or interests of Declarant under this Declaration which are specifically designated in the written instrument. However, a successor to Blue Creek Land Holdings, L.L.C. by consolidation or merger shall automatically be deemed a successor or assign of Blue Creek Land Holdings, L.L.C., as Declarant under this Declaration. The term "affiliate of Declarant" shall have the meaning set forth in Section 38-33.3-103(1) of the Act. 2.23 Declaration. "Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions for Blue Creek Ranch PUD, together with any supplement or amendment to this Declaration, recorded by Declarant in the Office of the Clerk and Recorder of Garfield County, Colorado. 2.24 Deed of Trust. "Deed of Trust" shall have the same meaning as a Mortgage. 2.25 Design Review Committee. "Design Review Committee" shall mean the Committee provided for in Article 4 of this Declaration. 2.26 Improvement. "Improvement" shall mean all structures and any appurtenances thereto of every type or kind, including, but not limited to, dwelling units, buildings, outbuildings, barns, swimming pools, patio covers, awnings, painting of any exterior surfaces of any visible structure, additions, walkways, outdoor sculptures or artwork, sprinkler and utility pipes, garages, carports, roads, driveways, parking areas, fences, screening walls, retaining walls, stairs, decks, fixtures, landscaping, hedges, windbreaks, plantings, planted trees and shrubs, poles, signs, exterior tanks, solar equipment, exterior air conditioning and water softener fixtures. 2.27 Improvement to Property. "Improvement to Property" shall mean any Improvement, change, alteration or addition to any property within the Common Interest Community. "Improvement to Property" shall include, but not be limited to those improvements more particularly described in Section 4.2 of this Declaration. 2.28 Irrigation Assessment. "Irrigation Assessment" shall mean a service charge against a particular Owner and his Lot for the purpose of compensating the Association for supplemental irrigation water obtained from the Irrigation System for use upon the individual Owner's Lot. 2.29 Irrigation System. "Irrigation System" shall mean all of the water, water rights, Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page /5 of 62 ditch rights, facilities and improvements now or hereafter owned by the Association for irrigation purposes, including, but not limited to certain rights in the Basin Ditch, Middle Ditch, and Lower Ditch. The Irrigation System shall be used for the irrigation of Association Properties, including Common Areas, and may be used for the irrigation of Lots. 230 Lease. "Lease" shall mean and refer to any agreement for the Ieasing or rental of a dwelling unit located on a Lot. 2.31 Lot. "Lot" shall mean any lot within the Common Interest Community which is shown upon any Recorded Plat, Supplemental Plat, or any other parcel of land which may be sold or conveyed without violation of the provisions of Colorado law pertaining to the subdivision of land. For purposes of conforming the terms and provisions of this Declaration to the terms and conditions of the Act, the term "Lot" shall be analogous to the term "Unit," as that term is defined in the Act. The term "Lot" shall include each individual unit within a duplex unit created within the Common Interest Community. 2.32 Maintenance Funds. "Maintenance Funds" shall mean the accounts into which the Board shall deposit monies paid to the Association and from which disbursements shall be made in the performance of the functions of the Association pursuant to Article 8 hereof. 2.33 Management Agreement. "Management Agreement" shall mean any agreement or arrangement entered into for purposes of discharging the responsibilities of the Board of Directors relative to the operation, maintenance, and management of the Common Interest Community. 2.34 Managing Agent. "Managing Agent" shall mean a person, firm, corporation or other entity employed or engaged as an independent contractor pursuant to a Management Agreement to perform management services for the Common Interest Community. 2.35 Master Deed Restriction. "Master Deed Restriction" shall mean the Declaration of Master Deed Restriction and Agreement Concerning the Sale, Occupancy and Resale of Property Described as , Blue Creek Ranch, Garfield County, Colorado to be granted by Declarant which shall set forth all provisions regarding the use, occupancy, and alienation, of the Improvements to be constructed by Declarant on the referenced Lots, all as required by applicable Garfield County regulations and Garfield County's approval of Blue Creek Ranch. 2.36 Member. "Member" shall refer to the members of the Blue Creek Ranch Homeowners Association and shall mean the Person or, if more than one, all Persons collectively who constitute the Owner of a Lot. 2.37 Mortgage. "Mortgage" shall mean any mortgage or deed of trust or other such instrument, given by the Owner of a Lot, encumbering the Lot to secure the performance of an obligation or the payment of a debt and which is required to be released upon performance of the Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 16 of 62 obligation or payment of the debt. The term "Deed of Trust" when used herein shall be synonymous with the term "Mortgage". 2.38 Mortgagee. "Mortgagee" shall mean a mortgagee under a Mortgage or a beneficiary under a Deed of Trust, as the case may be, and the assignees of such mortgagee. 2.39 Mortgagor. "Mortgagor" shall mean the Person who mortgages his or its property to another (i.e., the maker or grantor of a Mortgage). The term "Mortgagor" shall include a trustor or grantor under a Deed of Trust. 2.40 Notice and Hearing. "Notice and Hearing" shall mean a written notice and public hearing before the Board of Directors or a Tribunal, as defined in the Bylaws, appointed by the Board, in the manner provided in the Bylaws. 2.41 Notice of Completion. "Notice of Completion" shall mean written notice to the Design Review Committee of the completion of any Improvement to Property pursuant to Article 4of this Declaration. 2.42 Occupant. "Occupant" shall mean any person who is a tenant on a Lot, pursuant to a Lease with the Owner thereof, or any person who is present within the Common Interest Community as a family member, guest, agent, licensee, or invitee of an Owner, an Occupant, the Association, or a Managing Agent. 2.43 Owner. "Owner" shall mean the Person, including Declarant, or, if more than one, all Persons collectively, who hold fee simple title of Record to a Lot, including sellers under executory contracts of sale and excluding buyers thereunder. The term "Owner" shall be analogous to the term "Unit Owner," as that term is defined in the Act. 2.44 Permitted Exceptions. "Permitted Exceptions" shall mean all conditions, easements, liens, licenses, reservations, restrictions and other items of record which encumber the title to all or any part of the Common I t Community as of the date this Declaration is recorded, which are enumerated + xhibit 15 ached hereto and incorporated herein by this reference. This Declaration shall b- •jest t• ct ch Pe itted E eptions. 2.45 Person. "Person" shall mean a nater. person, a orporation, a limited liability company, a partnership, an association, a trust or any other entity or combination thereof capable of holding title to real property pursuant to the laws of the State of Colorado. 2.46 Planned Community. "Planned Community" shall have the same meaning as set forth in the Act. 2.47 Plat. "Plat" shall mean and include the land survey plat (and any amendments thereto) which depicts all or a portion of the Common Interest Community and which further depicts and locates thereon the location of Lots, Building Envelopes, Common Areas, and such Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 17 of 62 other items as may be required by the Act. The Plat, and any amendments or supplements thereto, are hereby incorporated herein and made a part hereof by reference. For the purposes of this Declaration, the term "Plat" shall also mean and include such Supplemental Plat Recorded by Declarant for the purposes of annexing any additional property to the Common Interest Community. 2.48 Public Open Space. "Public Open Space" shall mean that area designated on the Plat as Tract 6, Public Open Space Zone, approved by the County as a public educational site and a public parking lot for access to the public fishing easement to be owned and administered by the Roaring Fork Conservancy upon the terms and conditions of the Agreement for the Dedication of Real Property between the Declarant and the Roaring Fork Conservancy dated and recorded in the records of the Garfield County Clerk and Recorder on , as Reception No. 2.49 Record or Recorded. "Record" or "Recorded" shall mean the filing for record of any document in the office of the CIerk and Recorder of the County. 2.50 Reimbursement Assessment. "Reimbursement Assessment" shall mean a charge against a particular Owner and his Lot for the purpose of curing or enforcing any violation, directly attributable to the Owner, of the Declaration or the Rules and Regulations, pursuant to Section 9.17 hereof, together with late charges and interest as provided for herein. Reimbursement Assessment shall include without limitation any Common Expense caused by the misconduct of any Owner or of such Owner's Occupants. 2.51 River. "River" shalI mean the Roaring Fork River. 2.52 Rules and Regulations. "Rules and Regulations" shall mean rules and regulations adopted by the Board of Directors, as provided in Section 8.23 of this Declaration. 2.53 Sewer Assessment. "Sewer Assessment" shall mean a proportionate charge against each Owner and his Lot representing a portion of the costs of the Association for the purpose of operating, maintaining and repairing the Wastewater Treatment Facility, and service charges against a particular Owner and his Lot for the purpose of reimbursing the Association for costs incurred inspecting, maintaining and pumping the individual sewer system septic tanks on each Lot. 2.54 Special Assessment. "Special Assessment" shall mean a charge against each Owner and his Lot representing a portion of the costs of the Association for the purpose of funding construction, capital repairs, maintenance, replacements, and Improvements within the Common Interest Community, the costs of which were not included m a Common Assessment, or for excess repair costs or other extraordinary expenses, or for funding any operating deficit of the Association, or for any other purpose authorized by the Board of Directors from time to time as provided herein. Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 18 of 62 2.55 Successor Declarant. "Successor Declarant" shall mean any party or entity to whom Declarant assigns any or all of its rights, obligations, or interest as Declarant, as evidenced by an assignment or deed of record executed by both Declarant and the transferee or assignee and Recorded, designating such party as Successor Declarant. Upon Recording, Declarant's rights and obligations under this Declaration shall cease and terminate to the extent provided in such document. 2.56 Supplemental Declaration. "Supplemental Declaration" shall mean a written instrument containing covenants, conditions, restrictions, reservations, easements, or equitable servitude, or any combination thereof, which may be Recorded in accordance with Section 6.7 of this Declaration. 2.57 Supplemental Plat. "Supplemental Plat" shall mean and include any land survey plat which is Recorded by Declarant for the purpose of annexing the property described therein to the Common Interest Community. 2.58 Wastewater Treatment Facility. "Wastewater Treatment Facility" shall mean the centralized sewage wastewater treatment system located in the NW 1/4 of the SE 1/4 of Section 31, T7S, R87W; the septic tanks located on Association Properties, if any; and the gravity pipelines installed for the purpose of conveying septic tank effluent to the location of the centralized sewage wastewater treatment facility. Notwithstanding the foregoing, "Wastewater Treatment Facility" shall not include the individual septic tanks, pipelines and other facilities now or hereafter located on each residential fee simple Lot. 2.59 Water Assessment. "Water Assessment" shall mean any and all assessments made by the Association to reimburse the Association for service charges assessed to the Association by the Water Association, including, but not limited to, assessments made by the Water Association for the purpose of covering the cost of governing, controlling, maintaining, repairing and operating the joint treated domestic water system and for reimbursing the Water Association for service charges incurred by Association Owners and other users. 2.60 Water Association. "Water Association" shall mean the joint water association formed between Declarant and the Aspen Equestrian Estates Homeowners Association pursuant to the terms of the Water Supply and Connection Agreement dated September 5, 2001 and recorded November 8, 2001 as Reception No, 591636 in the Office of the Clerk and Recorder, Garfield County, Colorado, and its successors and assigns. ARTICLE 3. GENERAL RESTRICTIONS APPLICABLE TO COMMON INTEREST COMMUNITY All real property within the Common Interest Community shall be held, used, and enjoyed subject to the following limitations and restrictions, and subject to exemptions of Declarant set forth in this Declaration. The strict application of the following limitations and Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 19 of 62 restrictions in any specific case may be modified or waived in whole or in part by the Design Review Committee if such strict application would be unreasonably or unduly harsh under the circumstances. Any such modification or waiver must be in writing or be contained in written guidelines or rules promulgated by the Design Review Committee. Violation of this Article by an Owner shall permit the Association, after Notice and. Hearing, to enter on the Lot of the Owner and cure the violation or cause compliance with this provision and to levy and collect a Reimbursement Assessment for the costs and expenses of the Association in so doing; provided,. however, that there shall be no entry into the interior of an Improvement intended for human occupancy without the consent of the Owner thereof unless a clear emergency exists. 3.1 Maintenance of Common Interest Community. No property within the Common Interest Community shall be permitted to fall into disrepair, and all property within the Common Interest Community, including any Improvements, landscaping, and weed maintenance and a clean, attractive, and sightly condition intenance, repair, and upkeep of each Maintenance, repair and upkeep of ssociation. The Association and the oyees and contractors, are hereby granted management thereon, shall be kep and in good repair. Unless othe Lot shall be the responsibility o Association Properties shall be the Board of Directors, and their respectiv rr d maintain ise provided herein, the Owner of the Lot. sponsibility of the perpetual, non-exclusive easements to enter upon the Lots as may be necessary or appropriate to perform the Association Functions described in this Declaration. 3.2 Property Uses. Except as otherwise provided in Article 6 hereof, all Lots shall be used for private residential purposes and no dwelling unit erected or maintained within the Common Interest Community shall be used or occupied for any purpose other than for single-family dwellings. Notwithstanding the foregoing, business activities associated with the sale of Lots or residences constructed thereon shall be allowed. In addition, in-home businesses or occupations not involving the servicing of customers or employees, other than the Owners, shall be allowed, provided such activities are permissible under Garfield County zoning ordinances, conducted solely within the residence and do not create or result in any nuisance or any unreasonable, unwarranted, or unlawful use or interference with public or private rights, including, but not limited to, unreasonable or unwarranted use or interference with streets, excessive traffic or parking requirements, rights-of-way, or sidewalks, or in any other offensive or noxious activities. 3.3 Construction Type. All construction shall be new. No building previously used at another location nor any building or structure originally constructed as a mobile dwelling or structure may be moved onto a Lot, except as expressly hereinafter provided for temporary buildings. In addition to the foregoing, an engineered foundation shall be required for all residential dwelling units constructed within the Common Interest Community. 3.4 Building Envelopes. All improvements to be constructed on a Lot, with the exception of Improvements which are necessary to facilitate ingress to and egress from a Lot or Improvements which are otherwise expressly authorized by the Design Review Committee, shall be located within the Building Envelope designated for such Lot. Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 2 of 62 3.5 No Noxious or Offensive Activity. No noxious or offensive activity shall be carried on upon any property within the Common Interest Community, nor shall anything be done or placed thereon which is or may become a nuisance or cause an unreasonable embarrassment, disturbance, or annoyance to others. 3.6 Annoying Sounds or Odors. No sound or odor shall be emitted from any property within the Common Interest Community which is noxious or unreasonably offensive to others. Without limiting the generality of the foregoing, no exterior speakers, horns, whistles, bells, or other sound devices, other than security devices used exclusively for security purposes, shall be located or used on any property except with the prior written approval of the Design Review Committee. 3.7 No Hazardous Activities. No activity shall be conducted on, and no Improvement shall be constructed on, any property within the Common Interest Community which is or might be unsafe or hazardous to any Person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon any property within the Common Interest Community. 3.8 No Unsightliness. All unsightly structures, facilities, equipment, objects, and conditions shall be enclosed within a structure, including snow removal equipment and garden or maintenance equipment except when in actual use. No laundry or wash shall be dried or hung outside any dwelling unit. 3.9 Yards. All yards and open spaces and the entire area of every Lot on which no building has been constructed shall be maintained in accordance with standards to be established by the Design Review Committee. In addition, each Lot shall be kept free from brush or other growth or trash which, in the reasonable opinion of the Design Review Committee, is unsightly or causes undue danger of fire. Notwithstanding the foregoing, the Design Review Committee shall be authorized to permit landscaping on a Lot in accordance with a landscaping plan approved by the Design Review Committee in accordance with the provisions hereof. 3.10 Restrictions on Garbage and Trash. No refuse, garbage, trash, lumber, grass, shrub or tree clippings, plant waste, compost, metal, bulk materials, scrap, refuse, or debris of any kind shall be kept, stored, or allowed to accumulate on any Lot except within an enclosed structure or appropriately screened from view, except that any container containing such materials may be placed outside at such times as may be necessary to permit garbage or trash pickup. All containers used for the temporary storage of garbage, trash and related materials shall be bear -proof. 3.11 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot or Common Area, except as provided in this paragraph. Domesticated birds or fish and other small domestic animals permanently confined indoors will be allowed on all Lots. A maximum of head of livestock may be raised, bred or kept on Lot 1; a maximum of Declaration of Covenants Conditions and Restrictions far Blue Creek Ranch PUD Page 21 of 62 head of livestock may be raised, bred or kept on Tract 3; and a maximum of head of livestock may be raised, bred or kept on. Tract 5, as designated on the Plat. No other animals, except an aggregate of not more than two (2) domesticated animals (e.g., one (1) cat and one (1) dog) per Lot, will be permitted within the Common Interest Community; provided that (a) such animals are not kept, bred, or maintained for any commercial purpose; (b) such animals must be fenced or restrained at all times within a Lot; and (c) only one (1) dog will be allowed for each residential dwelling unit located within the Common Interest Community. No animal of any kind shall be permitted which in the opinion of the Design Review Committee makes an unreasonable amount of noise or odor or is a nuisance. All household pets shall be controlled by their Owner and shall not be allowed off the Owner's Lot except when properly leashed and accompanied by the pet Owner or his representative. Each Owner of a household pet shall be financially responsible and liable for any damage or destruction caused by said household pet and shall be personally and financially responsible for any clean-up related to such pet. 3.12 No Temporary Structures. No tent, shack, temporary structure, or temporary building shall be placed upon any property within the Common Interest Community except with the prior written consent of the Design Review Committee obtained in each instance. 3.13 Restriction on Pipes and Utility Lines. Pipes for water, gas, sewer, drainage, or other purposes, and utility meters or other utility facilities shall be kept and maintained, to the extent reasonably possible, underground or within an enclosed structure. Solar power units meeting all governmental guidelines for residential purposes may be utilized if such unit is approved in advance by the Design Review Committee. 3.14 Restrictions on Signs and Advertising. No sign, poster, billboard, advertising device, or display of any kind shall be erected or maintained anywhere within the Common Interest Community so as to be evident to public view. Provided, however, development related signs owned or erected by Declarant and house numbering signs approved by the Design Review Committee shall be permitted. "For Sale" or "For Rent" signs shall not be permitted. 3.15 Restrictions on Mining or Drilling. No property within the Common Interest Community shall be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing underground water, oil, gas, or other hydrocarbons, minerals, rocks, stones, gravel, or earth, except as deemed necessary by Declarant or any Person designated by Declarant for the development of the Common Interest Community as contemplated herein. Additionally, Declarant, for itself and its successors and assigns, excepts and reserves, and shall retain the right to develop and remove, any such oil, gas, hydrocarbons or minerals by slant drillin or other suitable means of subterranean entry; provided, however, that any such inefhoo of slant drilling or other means of subterranean entry may only be employed without impairing structures, Improvements or appurtenances, or the use thereof, located or to be located on any Lot. 3.16 Wells. No well from which water is produced shall be dug, nor shall storage tanks or reservoirs be made or operated anywhere in the Common Interest Community; provided, however, the Association shall have such right, but not the obligation, in connection with its Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 22 of 62 performance of Association Functions to drill wells; and provided, further, that nothing herein shall prevent the drilling or the installation of wells, well pumps and other well facilities, or the construction and maintenance of water storage tanks by the Association, the Declarant or any special district in which the Common Interest Community is located, for purposes of providing water to the Common Interest Community and adjacent areas. 3.17 Maintenance of Drainage_ There shall be no interference with the established drainage pattern over any property within the Common Interest Community, except as approved in writing by the Design Review Committee. Approval shall not be granted unless provision is made for adequate alternate drainage. The "established drainage pattern" shall mean the drainage pattern which exists at the time the overall grading of any property is completed and shall include any established drainage pattern shown on any plans approved by the Design Review Committee. The established drainage pattern may include the drainage pattern: (a) from Association Properties over any Lot; (b) from any Lot over the Association Properties; (c) from any property owned by the County or other Persons over any Lot; (d) from any Lot over property owned by the County or other Persons; or (e) from any Lot over another Lot. 3.18 Wetlands and Floodplain_ Areas, Areas within Lots 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 are within the floodway of the River, Areas within Lots 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 are within the floodplain fringe of the River. Lots 15, 16, 17, 18, 19, 20, 21, and 22 contain existing, designated wetland areas, The disturbance of designated wetlands and delineated floodplain areas within the foregoing Lots is strictly prohibited without receiving the proper approvals from the necessary jurisdictions. In addition to the dwelling units for which a Floodplain Special Use Permit has been obtained from Garfield County, any other development activities within Lots 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25, which contain building envelopes located within the flood fringe of the River, shall be subject to the Garfield County Floodplain regulations. No development shall be allowed on any portion of any lot which is designated as a wetland or located within a delineated floodway. 3.19 Compliance with Insurance Requirements. Except as may be approved in writing by the Board of Directors, nothing shall be done or kept on property within the Common Interest Community which may result in a material increase in the rates of insurance or would result in the cancellation of any insurance maintained by the Association or any other Owner within the Common Interest Community. 3.20 Compliance with Laws. Nothing shall be done or kept on any property within the Common Interest Community in violation of any law, ordinance, rule, or regulation of any governmental authority having jurisdiction. 3.21 Restrictions on Resubdivision of Lots. No Lot shall ever be further subdivided by an Owner into smaller Lots. 3.22 Consolidation of Lots. The Owner of more than one contiguous Lot may seek permission from the Design Review Committee to apply to the appropriate officials of Garfield Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 23 of 62 County, Colorado, to consolidate such Lots into one Lot. Such request must be submitted with a plat showing the new proposed Building Envelope and a Phase I Geologic Investigation by a professional geologist relative to the Lots being so combined. Should the Design Review Committee and the appropriate Garfield County, Colorado office approve such combination, the Owner shall remain responsible for paying assessments for each Lot as if such combination had not occurred and shall also be entitled to one (1) vote for each Lot as if such Lots had not been combined. 3.23 Water Systems and Wastewater Treatment. The Water Association will govern, control, maintain and operate a joint water system for the Common Interest Community and Aspen Equestrian Estates for the purposes of providing treated potable water for domestic, in-house uses and irrigation of up to 2500 square feet of lawn and garden space for each Lot in the Common Interest Community. The Association shall be a member of the Water Association, and the Water Association shall govern and control the operation and maintenance of the joint water system and assess the Association for any and all expenses incurred by and on behalf of Association Owners, as further provided by the Water Association's articles of incorporation, bylaws and rules and regulations. The Association shall then levy a Water Assessment on Association Owners in accordance with each Owner's individual water usage or share of other expenses, as further described in Article 9 of this Declaration and the Water Association bylaws. Finally, the Association will govern, control, maintain and operate the Irrigation System and Wastewater Treatment Facility pursuant to the terms of this Declaration and the Association Documents. 3.24 Restrictions on Water Systems. Except as deemed necessary by Declarant in the development of the Common Interest Community contemplated herein and except as provided in Section 3.38 hereof, no individual water supply system shall be installed or maintained for any property within the Common Interest Community. 3.25 Restoration in the Event of Damage or Destruction. in the event of damage or destruction of any Improvement on any Lot, the Owner thereof shall cause the damaged or destroyed Improvement to be restored or replaced to its original condition or such other condition as may be approved in writing by the Design Review Committee, or the Owner shall cause the damaged or destroyed Improvement to be demolished and the Lot to be suitably landscaped, subject to the approval of the Design Review Committee, so as to present a pleasing and attractive appearance. Such Improvements shall be repaired, restored, or otherwise demolished and suitably landscaped within an established time frame set forth in design review guidelines promulgated by the Design Review Committee. 3.26 Storage. No building materials shall be stored on any Lot except temporarily during continuous construction of an Improvement. 3.27 Vehicle Repairs. No maintenance, servicing, repair, dismantling, or repainting of any type of vehicle, boat, machine, or device may be carried on, except within a completely enclosed structure which screens the sight and sound of the activity from the street and from Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 24 of 62 other Lots. 3.28 Storage of Gasoline and Explosives. Etc. No Lot shall be used for the storage of explosives, gasoline, or other volatile and/or incendiary materials or devices or any materials deemed hazardous substances under applicable environmental laws, rules, or regulations. Gasoline or fuel for Owner's lawn mower, snowblower, and the like may be maintained on an incidental basis on the Lot in an amount not to exceed ten (10) gallons. 329 Trailers. Campers, Recreational and Junk Vehicles. No boat, camper (on or off supporting vehicles), trailer, tractor, truck, industrial or commercial vehicle (both cabs or trailers), towed trailer unit, motorcycle, disabled, junk, or abandoned vehicles, motor home, mobile home, recreational vehicle, or any other vehicle, the primary purpose of which is recreational, sporting, or commercial use, shall be parked or stored in, on, or about any Lot or street within the Common Interest Community, except within the attached garage or unless such vehicles are concealed from view and the screening of such vehicles has been approved by the Design Review Committee. For the purposes of this covenant, any 3/4 -ton or smaller vehicle, commonly known as a pickup truck, shall not be deemed a commercial vehicle or truck. The Association shall have the right to enter on Owner's Lot to remove and store, at Owner's expense, vehicles in violation of this Section. Any such Owner shall be entitled to five (5) days' written notice prior to such action by the Association. No snowmobile or recreational vehicle powered by an internal combustion engine may be operated within the Common Interest Community except for purposes of ingress and egress and only across designated streets and rights-of-way. 3.30 Fences. Fences along or adjacent to the boundary or lot line may be constructed, but only pursuant to criteria established by the Design Review Committee. On any Lots where fences are permitted, the fence may only be constructed upon the prior written approval of the Design Review Committee and in conformance with standard design specifications previously approved by the Design Review Committee. Wire fencing, if any, should be held to a minimum with a maximum height of forty-two inches (42") with no more than four strands and a twelve inch (12") kick space between the top two strands. Rail fencing, if any, should be held to a maximum height of forty-two inches (42") with at least eighteen inches (18") between two of the rails. Mesh fencing will not be allowed. Privacy fencing, if any, will only be allowed in the residential clustered areas within Building Envelopes. 131 Air Conditioning and Heating Equipment/Solar Collecting Devices. No heating, air conditioning, air movement, solar collection (e.g., swamp coolers) or refrigeration equipment shall be placed, allowed, or maintained anywhere other than on the ground; provided, however, that solar units meeting all governmental guidelines for residential uses may be located on the roof if (a) such solar unit is built into and made an integral part of the roof flashing or the structure of any house constructed on such Lot, and (b) such solar unit is specifically approved by the Design Review Committee in accordance with Article 4 below. The type, size, location and necessary screening for any proposed solar collection device shall be submitted to the Design Review Committee in accordance with its established procedures and the Design Review Committee shall have the authority to approve, conditionally approve, or disapprove the Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 25 of 62 proposed collection device in accordance with the terms and provisions hereof. Notwithstanding the foregoing, in no event will the terms and provisions of this Declaration be deemed to prohibit the use of solar collection devices within the Common Interest Community and in no event shall. the Design Review Committee unreasonably restrict the right to use solar collection devices by any Owner of a Lot within the Common Interest Community. 3.32 Leases. Any Owner shall have the right to Lease his Lot under the following conditions: 3.32.1 All Leases shall be in writing; 3.32.2 All Leases shall be for a minimum duration of six months; 3.32.3 All Leases shall be for a Lot with a completed residence thereon; 3.32.4 All Leases shall provide that the terms of the Lease and lessee's occupancy of the Lot shall be subject in all respects to the provisions of this Declaration, and the Articles of Incorporation, the Bylaws, and the Rules and Regulations of the Association, and that any failure by the lessee to comply with any of the aforesaid documents, in any respect, shall be a default under the Lease; and 3.32.5 Each Owner shall notify the Association immediately upon the leasing of his Lot, and register with the Association both the names) of the tenant(s) and new mailing information for notices to be sent from the Association directly to such Owner. 3.33 Easements; Utilities. All streets, pedestrian ways and easements shown on the Recorded Plat for any portion of the Common Interest Community have been reserved for the purposes indicated on such Plat. No Owner may erect any structure of any type whatsoever in such easement areas, nor may an Owner use the surface of such easement areas for any private use, other than landscaping which will not interfere with the use of said easement by the entities for whose benefit it has been reserved. With respect to such easement areas, as well as any other easement areas described on a Plat or within recorded easement documents, any and all bona fide public utility service companies, including, but not limited to, Public Service Company of Colorado, Holy Cross Electric Association, Inc., KN Energy and U.S. West Communications, shall have the right of access, ingress, egress, and use of such easement areas for the installation and maintenance of utility facilities. Except as to special street lighting or other aerial utility facilities which may be required by the County or may be required by the franchisee of any utility company, no aerial facilities of any type (except meters, risers, service pedestals and other surface installations necessary to maintain or operate appropriate underground facilities) shall be erected or installed within the Common Interest Community, whether upon Lots, easements, streets, or rights-of-way of any type, either by a utility company or any other person or entity, (including but not limited to any person owning or acquiring any part of the Common Interest Community) and all utility service facilities (including but not limited to water, sewer, gas, electricity and telephone) shall be buried underground, under recreational easements, Common Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 26 of 62 Areas, streets, or other utility easement areas for the purpose of serving any structure located on any part of the Common Interest Community. 3.34 Landscaping. Each Lot shall be fully landscaped within thirty (30) days of the date on which a certificate of occupancy is obtained for the residence, subject to excusable delays as determined by the Design Review Committee due to weather. The landscaping of each Lot shall be primarily indigenous plant life from an established plant list as established by the Design Review Committee. Home lawns shall be of an identical or very similar insect resistant blend of rough grasses naturally occurring in the area and such grasses shall be subject to guidelines promulgated by the Design Review Committee. No landscaping plan shall be implemented until approval of the Design Review Committee has been obtained. Each Owner shall maintain the Iandscaping upon such Owner's Lot in good condition. Landscaping maintenance shall include the management, maintenance and removal of weeds. Failure to properly maintain landscaping will result in the Association assessing Reimbursement Assessments as provided in this Declaration. Home lawns and Common Areas shall be irrigated with surface waters whenever practical. Each Lot shall only be allowed to irrigate a maximum of 2,500 square feet of lawn and garden space using the domestic, potable water system that the Blue Creek Ranch subdivision and planned unit development shares with Aspen Equestrian Estates. Each Owner shall diligently maintain, cultivate, husband, protect and preserve the shrubs and trees upon his Lot, including, without limitation, the removal of dead branches, dead brush and performance of other tasks calculated to remove or eliminate material which constitutes or creates a fire hazard. Each Owner shall cooperate with the Association in its brush clearing and fire protection husbandry program for reduction of fire hazard on Common Areas. 3.35 Maintenance of Common Areas. The Association shall be responsible for the management of and removal of weeds from the Conunon Areas. 3.36 Swimming Pools and Pool Equipment. No pool may be erected, constructed or installed without the prior written consent of the Design Review Committee. Above -ground pools are expressly prohibited. All pool service equipment shall be fenced and shall not be visible from any residential street within the Common Interest Community. 3.37 Outside Lighting. All exterior lighting installed or maintained on any dwelling unit Located on a Lot shall be placed so that the light source is not visible from the dwelling on any neighboring Lot or any Common Area. The Design Review Committee may establish various standards for exterior lighting including, without limitation, standards for hue and intensity. 3.38 Fire Protection. Construction of all dwelling units or other Improvements upon Lots within the Common Interest Community, including any possible requirement to install a fire protection sprinkler system within such dwelling unit or Improvement, shall be in accordance with all applicable codes, including the Uniform Building Code and Uniform Fire Code. 3.39 Engineering and Soils Reports. Certain Lots may be subject to geologic and Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 27 of 62 hydraulic hazards. All Improvements shall require the submittal of an engineering report addressing soils and geology conditions, foundation design and drainage prepared by a registered professional engineer. All Lot development, including Improvement construction, shall be conducted in accordance with engineer's stipulations. 3.40 Irrigation Systems and Ditch Laterals. Declarant hereby discloses that certain irrigation ditch laterals are currently located or may be constructed (a) within easement areas located upon certain Lots; (b) upon Association Properties; or (c) in areas adjacent to certain Lots or Association Properties (",Ditch Laterals"). Declarant further discloses that as of the date of this Declaration and to the best of Declarant's knowledge, the ownership of any and all water rights carried or to be carried in such Ditch Laterals is vested in the Declarant. In accordance with the foregoing, in no event shall the Association or any Owner be entitled to the right of use of the Ditch Laterals, or any water flowing through such Ditch Laterals, except pursuant to a written agreement (license) between the Association and the Declarant. In no event shall any Owner be entitled to install irrigation systems which divert water from the Ditch Laterals or make any modifications to the Ditch Laterals without the prior written approval of the Declarant. In addition, in no event shall any Owner obstruct or impede the flow of water through any Ditch Lateral. Except as otherwise provided herein, no permanent or temporary improvements (including, without limitation, landscaping and fencing) shall be constructed by an Owner within or upon any Ditch Lateral or drainage or irrigation easement located within, or adjacent to, the Common Interest Community. In the event that an Owner desires to construct any Improvement within or upon any such Ditch Lateral or drainage or irrigation easement, such Owner shall submit the plans for such Improvements to the Design Review Committee in accordance with the terms and provisions of Article 4 hereof and to the Declarant for approval, which approval can be withheld for any reason. In the event the Design Review Committee and the Declarant approve the plans for the proposed Improvements in accordance with the provisions of Article 4 hereof, the Owner of such Lot may construct such Improvements in accordance with the plans approved by the Design Review Committee. IN ACCORDANCE WITH THE FOREGOING, AND NOTWITHSTANDING ANYTHING IN THIS DECLARATION TO THE CONTRARY, IN NO EVENT SHALL THE ASSOCIATION OR THE DECLARANT BE OBLIGATED FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCURRED BY ANY OWNER FOR DAMAGE OR DESTRUCTION TO ANY IMPROVEMENT LOCATED WITHIN OR UPON ANY DITCH LATERAL OR ANY DRAINAGE OR IRRIGATION EASEMENT AND THE CONSTRUCTION OF ANY IMPROVEMENT WITHIN SUCH AREAS SHALL BE AT THE RISK OF SUCH OWNER. In the event that an Owner desires to construct any Improvement within or upon any Ditch Lateral or any drainage or irrigation easement, Declarant and the Association hereby disclaim any obligation or potential liability regarding the maintenance, operation and repair of the Ditch Laterals. All Owners hereby assume any risk involved with respect to Ditch Laterals and hereby acknowledge that neither the Association nor the Declarant shall have any responsibility or liability of any kind to any Owner who incurs any loss, damage,. cost or expense arising from or related to such Ditch Laterals, including, but not limited to, any loss or damage caused by flooding. In accordance with the foregoing, such Owners, on behalf of themselves and their successors and assigns, by acceptance of a deed, acknowledge their assent to the provisions hereof, and hereby release Declarant and the Association, and each of their Declaration of Covenants Conditions and Restrictions f©r Blue Creek Ranch PUD Page 28 of 62 officers, directors, partners, agents, employees, stockholders and contractors, from and against any and all obligations, claims, demands, liabilities, costs, expenses, attorneys' fees, or causes of action of any kind whatsoever, whether arising prior or subsequent to the date hereof, whether known or unknown, based upon, arising out of, or in any manner related to, the Ditch Laterals. 3.41 Irrigation of Association Properties. The Irrigation System shall be used for irrigation of Association Properties, including, but not limited to, Common Areas, and, if provided for pursuant to the Rules and Regulations adopted by the Board of Directors, may be used to supplement the irrigation water provided to the Lots by the Water Association. 3.42 Antenna and Satellite Dishes. If an. Owner wishes to install an antenna to receive video programming, the Owner shall notify the Design Review Committee in writing of the planned installation and the proposed location thereof at least thirty (30) days prior to the installation. The antenna installation and location shall comply with all fire, electrical and other applicable safety codes, and the installing Owner shall, to the extent feasible, install the antenna in a location that minimizes its visibility from neighboring Lots and Common Areas. The installing Owner shall be obligated to paint the antenna so that it blends into the background against which it is mounted and to plant and maintain such reasonable landscaping as will screen the antenna from neighboring Lots and Common Areas. Provided always, that in the event that in any particular situation any of the foregoing requirements or restrictions cause an unreasonable delay or cost in the installation, maintenance or use of the antenna, or prevent the reception of acceptable quality signals, said requirements or restrictions shall be invalid as they apply to that particular situation. Satellite dishes that exceed one meter in diameter, and MDS antennas that exceed one meter in diameter or diagonal measurement, shall not be allowed within the Common Interest Community. Mast antennas that extend higher than 12 feet above the roof line and antennas that are not used to receive video programming shall only be permitted within the Common Interest Community if they receive the prior written approval of the Design Review Committee as to design, location and screening from neighboring Lots and Common Areas. 3.43 Division of Wildlife Recommendations. The Division of Wildlife recommends that the Owners and Occupants consider the following recommendations regarding the presence of wildlife on the property: 3.43.1 Birdfeeders should be strung up from the ground with a seed catchment and humming bird feeders should not be mounted on windows or the siding of the houses; 3.43.2 Pets should be feed indoors, and pet food or food containers should not be left outside; 3.43.3 Barbecue grills should be securely housed in the garage or other indoor structure when not in use; 3.43.4 Eliminate the planting of any berry, fruit, or nut producing plants or Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 29 of 62 shrubs to discourage bears and other wildlife from feeding; and 3.43.5 As much of the existing vegetation should be maintained as possible. ARTICLE 4. ARCHITECTURAL APPROVAL 4.1 Approval of Improvements Required. The approval of the Design. Review Committee shall be required for any Improvement to Property on any Lot, except (a) for any Improvement to Property made by Declarant; (b) where approval is not reasonably required to carry out the purposes of this Declaration as determined by the Design Review Committee; or (c) where prior approval of Improvements to Property may be waived or certain Improvements to Property may be exempted in writing or under written guidelines or rules promulgated by the Design Review Committee. 4.2 Improvement to Property Defined. "Improvement to Property" requiring approval of the Design Review Committee shall mean and include, without limitation, any of the following occurring within the Common Interest Community: (a) the construction, installation, erection, or expansion of any building, structure, or other Improvement, including utility facilities and fences; (b) the demolition, destruction or removal, by voluntary action, of any building, structure, tree, vegetation or other Improvement; (c) the grading, excavation, filling, or similar disturbance to the surface of the land including, without limitation, change of grade, change of ground level, change of drainage pattern, or change of stream bed; and (d) any change or alteration of any previously approved Improvement to Property, including any change of exterior appearance, color, or texture occurring. 4.3 Membership of Committee. The Design Review Committee shall consist of three (3) members, all of whom shall be initially appointed by Declarant. Declarant shall have the continuing right to appoint all three (3) members during the Appointment Period (as hereinafter defined). During the period of development of the Common Interest Community while Declarant has rights to appoint members of the Design Review Committee, Declarant shall give the Association written notice of the appointment or removal of any member of the Design Review Committee. The "Appointment Period" shall mean the period of time commencing as of the date of Recordation of this Declaration and continuing until the earliest to occur of the following events: (a) when all Lots which may be created within the Common Interest Community have been conveyed to Persons other than Declarant and certificates of occupancy have been issued for the residences constructed thereon; or (b) when, in its discretion, Declarant voluntarily relinquishes such right. Members of the Design Review Committee may but shall not necessarily be Members of the Association. After expiration of the Appointment Period, members of the Design Review Committee shall be appointed by the Board of Directors. Members of the Design Review Committee appointed by the Board of Directors may be removed at any time by the Board, and shall serve for such term as may be designated by the Board or until resignation or removal by the Board. After the expiration of the Appointment Period, the Association may at any time and from time to time change the authorized number of members of the Design Review Declaration of Covenants Conditions and Restrictions for Blue Creels Ranch PUD Page 30 of 62 Committee. 4.4 Establishment of Subcommittees. The Design Review Committee shall have the right to establish subcommittees ("Covenant Committees") to review the modifications to Improvements upon Lots after the initial construction thereof has been completed and a certificate of occupancy has been issued thereon, and for enforcement of compliance with this Declaration and any Supplemental Declaration applicable to a Lot. For purposes of this Declaration, all references to the Design Review Committee shall also refer to any Covenant Committee. The procedures for establishment, the rights and duties thereof, and the limitations thereon shall be established and adopted by the Design Review Committee. 4.5 Address of Design Review Committee. The address of the Design Review Committee shall be at the principal office of the Association. 4.6 Submission of Plans. Prior to submission of building plans to the County for a building permit when applicable and prior to commencement of work to accomplish any proposed Improvement to Property, the Person proposing to make such Improvement to Property ("Applicant") shall submit to the Design Review Committee at its offices such descriptions, surveys, plot plans, drainage plans, elevation drawings, construction plans, specifications, and samples of materials and colors as the Design Review Committee shall reasonably request showing the nature, kind, shape, height, width, color, materials, and location of the proposed Improvement to property. The Applicant shall be entitled to receive a receipt for the same from the Design Review Committee or its authorized agent, The Design Review Committee may require submission of additional plans, specifications, or other information prior to approving or disapproving the proposed Improvement to Property. Until receipt by the Design Review Committee of all required materials in connection with the proposed Improvement to Property, the Design Review Committee may postpone review of any materials submitted for approval. 4.7 Criteria for Approval. The Design Review Committee shall approve any proposed Improvement to Property only if it deems in its reasonable discretion that the Improvement to Property in the location indicated will not be detrimental to the appearance of the surrounding areas of the Common. Interest Community as a whole; that the appearance of the proposed Improvement to Property will be in harmony with the surrounding areas of the Common Interest Community; that the Improvement to Property will not detract from the beauty, wholesomeness, and attractiveness of the Common Interest Community or the enjoyment thereof by Owners; that the upkeep and maintenance of the proposed Improvement to Property will not become a burden on the Association; and that the proposed Improvement to Property does not affect the drainage plan for the Common Interest Community or any portion thereof. The Design Review Committee may condition its approval of any proposed Improvement to Property upon the making of such changes therein as the Design Review Committee may deem appropriate. 4.8 Design Guidelines. The Design Review Committee may issue standards or rules ('"Design Guidelines") relating to the procedures, materials to be submitted, fees, and additional factors which will be taken into consideration in connection with the approval of any proposed Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 31 of 62 Improvement to Property. The Design Guidelines may specify circumstances under which the strict application of limitations or restrictions under this Declaration (which are not substantial or material in nature) will be waived or deemed waived in whole or in part because of a change in applicable laws or because strict application of such limitations or restrictions would be unreasonable or unduly harsh under the circumstances. The Design Guidelines may waive the requirement for approval of certain Improvements to Property or exempt certain Improvements to Property from the requirement for approval, if such approval is not reasonably required to carry out the purposes of this Declaration and such Improvements are not substantial in nature. 4.9 Design Review Fee. The Design Review Committee may, in the Design Guidelines, provide for the payment of a fee to accompany each request for approval of any proposed Improvement to Property. The Design Review Committee may provide that the amount of such fee shall be uniform for similar types of any proposed Improvement to Property or that the fee shall be determined in any other reasonable manner, such as based upon the estimated cost of the proposed Improvement to Property. The Design Committee may further provide that the amount of any such design review fee include engineering consultant and other fees reasonably incurred by the Association in reviewing any proposed Improvement to Property. 4.10 Decision of Committee. Any decision of the Design Review Committee shall be made within thirty (30) days after receipt by the Design Review Committee of all materials required by the Design Review Committee, unless such time period is extended by mutual agreement. The decision shall be in writing and if the decision is not to approve a proposed Improvement to Property, the reasons therefor shall be stated. The decision of the Design Review Committee shall be promptly transmitted to the Applicant at the address furnished by the Applicant to the Design Review Committee. 4.11 Failure of Committee to Act on Plans. Any request for approval of a proposed Improvement to Property shall be deemed approved, unless disapproval or a request for additional information or materials is transmitted to the Applicant by the Design Review Committee within thirty (30) days after the date of receipt by the Design Review Committee of all required materials. 4.12 Completion of Work After Approval. Following the approval of any proposed Improvement by the Design Review Committee, the proposed Improvement shall be completed by such Owner: (a) as promptly and diligently as possible but in no event in excess of the time periods set forth below; (b) in substantial conformance with all plans and specifications and other materials presented to the Design Review Committee; and (c) in accordance with any and all conditions imposed by the Design Review Committee. In accordance with the foregoing, all Improvement approved by the Design Review Committee shall be completed (a) within eighteen (18) months from the date of approval of such Improvements by the Design Review Committee; provided, however, that any and all landscaping andlor gardening approved by the Design Review Committee which is related to the construction of the initial dwelling unit for a Lot shall be completed within thirty (30) days of the issuance of the certificate of occupancy for such dwelling unit or within such time period as the Design Review Committee may otherwise Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 32 of 62 prescribe. In all cases, the Design Review Committee must issue a "`Notice of Satisfactory Completion of Improvement to Property" or as "Conditional Notice of Satisfactory Completion of Improvement to Property"' prior to the application for an issuance of a certificate of occupancy from the County. Failure to comply with the terms and conditions of this provision shall constitute noncompliance with the terms and provisions of this Declaration and the Association shall have the right to invoke all rights and remedies provided to the Association hereunder, including but not limited to, the imposition of fines and penalties in accordance with Paragraph 8.17 hereof. 4.13 Notice of Completion. Upon completion of the Improvement to Property, the Applicant shall give written Notice of Completion to the Design Review Committee. Until the date of receipt of such Notice of Completion, the Design Review Committee shall not be deemed to have notice of completion of such Improvement to Property. 4.14 Inspection of Work. The Design Review Committee or its duly authorized representative shall have the right to inspect any Improvement to Property prior to or after completion, provided that the right of inspection shall terminate fourteen (14) days after the Design Review Committee shall have received a Notice of Completion from Applicant. 4.15 Notice of Satisfactory Completion of Improvement to Property. After inspection of the Improvement to Property, the Design Review Committee will issue a Notice of Satisfactory Completion of Improvement to Property if the Improvements were completed in conformity with the plan, description, and materials furnished to and approved by the Design Review Committee, and any conditions imposed by the Design Review Committee. Upon such receipt of Notice of Satisfactory Completion of Improvement to Property, the Applicant may proceed to request a certificate of occupancy from the County. 4.16 Notice of Noncompliance. If, as a result of inspections or otherwise, the Design Review Committee finds that any Improvement to Property has been done without obtaining the approval of the Design Review Committee or was not done in complete conformity with the description and materials furnished to, and any conditions imposed by, the Design Review Committee or was not completed within eighteen (18) months after the date of approval by the Design Review Committee or such shorter period as specified herein or in writing by the Design Review Committee, the Design Review Committee shall notify the Applicant in writing of the noncompliance, which notice shall be given, in any event, within fourteen (14) days after the Design Review Committee receives a Notice of Completion from the Applicant. The notice shall specify the particulars of the noncompliance and shall require the applicant to take such action as may be necessary to remedy the noncompliance. If a Notice of Noncompliance has been issued by the Design Review Committee, the Applicant may post a Performance Guaranty, as hereinafter defined, sufficient to bring the Improvement to Property into compliance with the Design Review Committee; provided however, that the Design Review Committee shall not be required to accept such Performance Guaranty. Such Performance Guaranty must be in an amount sufficient to remedy any noncompliance, as determined by the Design Review Committee in its sole and absolute discretion. After posting such Performance Guaranty with the Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 33 of 62 Association, the Design Review Committee may then issue a Conditional Notice of Satisfactory Completion of Improvement to Property. Such Conditional Notice shall grant authorization for the Applicant to request a certificate of occupancy from the County. 4.17 Performance Guaranty for Noncompliance or Incompletion. If the Applicant wishes to apply for and obtain a certificate of occupancy from the County prior to completion of landscaping and/or prior to correction of a minor noncompliance, the Applicant may request to post a bond, letter of credit or cash escrow in an amount equal to the estimated cost of completing such work ("Performance Guaranty"); provided however the Design Review Committee shall not be required to accept such Performance Guarantee. The Performance Guaranty shall be used by the Association to ensure completion of such work in accordance with the time periods for completion established hereunder and the plans for such work as approved by the Design Review Committee. The form, content and terms of the Performance Guaranty shall be determined by the Design Review Committee in its sole and absolute discretion. If the Design. Review Committee accepts the Performance Guaranty for the completion of landscaping and/or remedy of noncompliance, then the Design Review Committee shall issue a Conditional Notice of Satisfactory Completion to Improvement to Property. Such Conditional Notice shall grant authorization for Applicant to request a certificate of occupancy from the County. All premiums, costs and expenses related thereto shall be the obligation of the Owner. Any surety or financial institution issuing a payment and performance bond or letter of credit hereunder shall be authorized to do business in Colorado and shall be acceptable to the Design Review Committee. If any Owner fails to complete the landscaping work or fails to remedy the noncompliance, in accordance with the provisions of the Declaration, subject to delays beyond the reasonable control of such Owner, the Association is authorized under the provisions of the Declaration to enter upon the Lot of such Owner to complete the landscaping work and or remedy the noncompliance in accordance with the plans therefore, draw upon the Performance guaranty for all costs incurred by the Association relating to the completion of the landscaping work or relating to the remedy of noncompliance and levy a Reimbursement Assessment against such Owner for all costs and expenses incurred by the Association in completing such landscape work or in remedying such noncompliance which are not otherwise covered by the Performance Guaranty, including any costs and expenses of collection and attorney's fees. Upon satisfactory completion of landscaping and/or remedy of noncompliance, the Applicant shall give written Notice of Completion to the Design Review Committee as outlined in Article 4.13 herein. If the Design Review Committee finds the improvements satisfactory, a Notice of Satisfactory Completion of Improvements to Property shall be issued by the Design Review Committee within fourteen (14) days of receipt of Notice of Completion and any funds being held by the Association as a Performance Guarantee shall be released to Applicant within seven (7) days of the issuance of the Notice of Satisfactory Completion of Improvements to Property. 4.18 Failure of Committee to Act After Completion. If, for any reason other than the Applicant's act or neglect, the Design Review Committee fails to notify the Applicant of any noncompliance within fourteen (14) days after receipt by the Design Review Committee of written Notice of Completion from the Applicant, the improvement to Property shall be deemed in compliance if the Improvement to Property was, in fact, completed as of the date of Notice of Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 34 of 62 Completion and the Applicant may proceed to request a certificate of occupancy from the County. 4.19 Appeal to Board of Directors of Finding of Noncompliance. If the Design Review Committee gives any notice of noncompliance, the Applicant may appeal to the Board of Directors by giving written notice of such appeal to the Board and the Design Review Committee within thirty (30) days after receipt of the notice of noncompliance by the Applicant. If, after a notice of noncompliance, the Applicant fails to commence diligently to remedy such noncompliance, the Design Review Committee shall request a finding of noncompliance by the Board of Directors by giving written notice of such request to the Association and the Applicant within sixty (60) days after delivery to the Applicant of a notice of noncompliance from the Design Review Committee. In either event, the Board of Directors shall hear the matter in accordance with the provisions of the Bylaws for Notice and Hearing, and the Board shall decide whether or not there has been such noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. 4.20 Correction of Noncompliance. If the Board of Directors determines that a noncompliance exists, the Applicant shall remedy or remove the same within a period of not more than forty-five (45) days from the date of receipt by the Applicant of the ruling of the Board of Directors. If the Applicant does not comply with the Board ruling within such period, the Board may, at its option, record a Notice of Noncompliance against the real property on which the noncompliance exists, may enter upon such property and remove the noncomplying Improvement to Property, or may otherwise remedy the noncompliance, and the Applicant shall reimburse the Association, upon demand, for all expenses incurred therewith. If such expenses are not promptly repaid by the Applicant or Owner to the Association, the Board may levy a Reimbursement Assessment against the Owner of the Lot for such costs and expenses. The right of the Association to remedy or remove any noncompliance shall be in addition to all other rights and remedies which the Association may have at law, in equity, or under this Declaration. The Applicant and Owner of the Lot shall have no claim for damages or otherwise on account of the entry upon the Property and removal of the noncomplying Improvement to Property. 4.21 No Implied Waiver or Estoppel. No action or failure to act by the Design Review Committee or by the Board of Directors shall constitute a waiver or estoppel with respect to future action by the Design Review Committee or the Board of Directors with respect to any Improvement to Property. Specifically, the approval of the Design Review Committee of any Improvement to Property shall not be deemed a waiver of any right or an estoppel to withhold approval or consent for any similar Improvement to Property or any similar proposals, plans, specifications, or other materials submitted with respect to any other Improvement to Property. 4.22 Committee Power to Grant Variances. The Design Review Committee may authorize variances from compliance with any of the provisions of this Declaration, including restrictions upon height, size, floor area, or placement of structures or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental consideration may require. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the Design Review Committee. If .Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 35 of 62 any such variance is granted, no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; provided, however, that the granting of a variance shall not operate to waive any of the provisions of this Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall the granting of a variance affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting the property concerned, including, but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. 4.23 Meetings of Committee. The Design Review Committee shall meet from time to time as necessary to perform its duties hereunder. The Design Review Committee may from time to time, by resolution in writing adopted by a majority of the members, designate a representative (the "Committee Representative") (who may but need not be one of its members) to take any action or perform any duties for or on behalf of the Design Review Committee, except the granting of approval to any Improvement to Property and granting of variances. The action of such Committee Representative within the authority of such Committee Representative or the written consent or the vote of a majority of the members of the Design Review Committee shall constitute action of the Design Review Committee. 4.24 Records of Actions. The Design Review Committee shall report in writing to the Board of Directors all final actions of the Design Review Committee, and the Board shall keep a permanent record of such reported action. 4.25 Estoppel Certificates. The Board of Directors shall, upon the reasonable request of any interested Person and after confirming any necessary facts with the Design Review Committee, furnish a certificate with respect to the approval or disapproval of any Improvement to Property or with respect to whether any Improvement to Property was made in compliance herewith. Any Person, without actual notice to the contrary, shall be entitled to rely on said certificate with respect to all matters set forth therein. 4.26 Nonliability of Committee Action. There shall be no liability imposed on the Design Review Committee, any member of the Design Review Committee, any Committee Representative, the Association, any member of the Board of Directors, or Declarant for any loss, damage, or injury arising out of or in any way connected with the performance of the duties of the Design Review Committee unless due to the willful misconduct of the party to be held liable. In reviewing any matter, the Design Review Committee shall not be responsible for reviewing, nor shall its approval of an Improvement to Property be deemed approval of the Improvement to Property from the standpoint of safety, whether structural or otherwise, or conformance with building codes or other governmental laws or regulations. In accordance with the foregoing, any Owner seeking the approval of the Design Review Committee for any matter shall provide the Design Review Committee with a written waiver reaffirming the foregoing and releasing the Design Review Committee, any Member of the Design Review Committee, any Committee Representative, the Association, any member of the Board of Directors and the Declarant from any and all liability arising from or related to the Design Review Committee's approval of such Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 36 of 62 Improvement. 4.27 Construction Period Exception. During the course of actual construction of any permitted structure or Improvement to Property, and provided construction is proceeding with due diligence, the Design Review Committee shall temporarily suspend the provisions contained in this Declaration as to the Property upon which the construction is taking place to the extent necessary to permit such construction, provided that, during the course of any such construction, nothing is done which will result in a violation of any of the provisions of this Declaration upon completion of construction and nothing is done which will constitute a nuisance or unreasonable interference with the use and enjoyment of other property. The Design Review Committee shall promulgate rules and regulations concerning the use of temporary sanitary facilities and trash dumpsters, type of construction vehicles allowed on and use of the streets, roads, and rights-of-way located within the Common Interest Community and Association Properties, and other activities associated with the construction of Improvements to Property, provided said rules and regulations shall not interfere with the rights existing under the Permitted Exceptions. ARTICLE 5. ASSOCIATION PROPERTIES 5.1 Division Into Lots. As of the recording of this Declaration, the Common Interest Community has been divided into forty-eight (48) residential Lots. Each Lot does or will consist of a fee simple interest in such Lot. 5.2 Delineation of Lot Boundaries. The boundaries of each Lot are delineated and designated by an identifying number on the Plat, and those numbers are set forth in Exhibit B. The Lot lines shown on the Plat shall be the perimeter boundaries of the Lots. 5.3 Member's Rights of Use and Enjoyment Generally. Unless otherwise provided in this Declaration, all Members, their immediate family, dependents, and their Occupants may use the Association Properties, subject to the provisions of this Declaration and the Association Documents, including the Rules and Regulations. No Owner or Occupant shall place any structure or improvement whatsoever upon the Common Areas, nor shall any Owner or Occupant engage in any activity which will temporarily or permanently impair free and unobstructed access to or use of all parts of the Commons Areas by all Owners and by the Association. Notwithstanding the foregoing, the Association shall take no action which unreasonably restricts any Owner's or Occupant's right and easement of access over, across and upon the Common Areas to his Lot. 5.4 Right of Association to Regulate Use. The Association, acting through the Board, shall have the power to regulate use of Association Properties to further enhance the overall rights of use and enjoyment of all Members through the promulgation of the Rules and Regulations. Such Rules and Regulations shall not be inconsistent with the terms of this Declaration and shall be equitable and reasonable. The Board of Directors shall provide thirty Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 37 of 62 (30) days written notice prior to the adoption or amendment of any Rules and Regulations and provide for a reasonable opportunity for Owners to comment at an open meeting of the Board of Directors on the proposed adoption or amendment of any Rules and Regulations. Copies of the currently effective Rules and Regulations shall be made available to each Owner and Occupant upon request and payment of the reasonable expense of copying the same. Each Owner and Occupant shall comply with such Rules and Regulations and each Owner shall see that Occupants claiming use through such Owner comply with such Rules and Regulations. Such Rules and Regulations shall have the same force and effect as if they were set forth in and were part of this Declaration. In the event of conflict between the Rules and Regulations and the provisions of this Declaration, the provisions of this Declaration shall govern. Such Rules and Regulations may establish penalties (including the levying and collection of fines) for the violation of such Rules and Regulations or any provision of this Declaration or the Association Documents. 5.5 Inseparability of Lot. No part of a Lot or of the legal rights comprising ownership of a Lot may be partitioned or separated from any other part thereof during the period of ownership prescribed in this Declaration. Subject to Section 5.1 above, each Lot shall always be conveyed, transferred, devised, bequeathed, encumbered, and otherwise affected only as a complete Lot. Every conveyance, transfer, gift, devise, bequest, encumbrance, or other disposition of a Lot or any part thereof shall be presumed to be a disposition of the entire Lot, together with all appurtenant rights and interests created by law or by this Declaration including the Owner's membership in the Association. This provision is not intended, however, to prohibit joint or common ownership by two or more Persons of a Lot. 5.6 Description of a Lot. Every contract, deed, lease, security interest and every other legal document or instrument affecting title to a Lot may legally describe the Lot as follows: Lot , Blue Creek Ranch PUD, according , 200_ as Reception No. Declaration for Blue Creek Ranch PUD recorded to the Final Plat recorded. , and according to the , 200_ in Book at Page , all in the Office of the Clerk and Recorder of Garfield County, Colorado. Such description shall be legally sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect the Lot and its appurtenances, including all improvements thereon, and to incorporate all of the rights, interest, obligations, restrictions and burdens appurtenant or incident to the ownership of a Lot as set forth in this Declaration and the Plat. Each such description shall be construed to include a non-exclusive easement over the Common Areas for appropriate ingress and egress to and from each Lot and a non-exclusive right to use and enjoy the Common Areas, subject to all applicable provisions of this Declaration. 5.7 No Partition of Association Properties. Subject to the provisions of this Article and Article 7 below, the Common Areas shall be owned by the Association as herein provided and shall remain physically undivided. No Owner shall bring any action for a partition or Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 38 of 62 division of the Common Areas. By acceptance of a deed or other instrument of conveyance or assignment to a Lot, each Owner of the Lot shall be deemed to have specifically waived such Owner's right to institute or maintain a partition action or any other cause of action designed to cause a division of the Common Areas, and this Section 5.7 may be pleaded as a bar to the maintenance of such an action. Any Owner who shall institute or maintain any such action shall be liable to the Association and hereby agrees to reimburse the Association for the Association's costs, expenses, and reasonable attorneys fees in defending any such action. Such amounts shall automatically become a Reimbursement Assessment determined and levied against such Owner's Lot and enforced by the Association in accordance with Sections 9.26, 9.27, and 9.29 below. Not withstanding the foregoing, the Association shall have the right to dedicate, sell or otherwise transfer all or any part of the Common Areas to any public, governmental, or a quasi -governmental agency, authority or utility for purposes and subject to such conditions as may be agreed to by the Owners. However, such dedication or transfer of the Common Areas shall not be effective unless an instrument has been signed by Owners holding an aggregate interest equal to at least sixty-seven percent (67%) of the total Association votes allocated to the Owners, agreeing to such dedication, sale or transfer. Notwithstanding the preceding sentence, the granting of easements by a majority of voting Directors of the Board, for public utilities, for access by pedestrians or for other public purposes not inconsistent with the intended use of the Common Areas shall not be deemed a transfer requiring such consent of the Owners within the meaning of this Section. 5.8 Redesignation of Common Areas. Any Redesignation of the boundaries of the Common Areas shall be approved by a majority vote of the Board of Directors. 5.9 Liability of Owners for Damage. Each Owner shall be liable to the Association for any damage to Association Properties or for any expense or liability incurred by the Association which may be sustained by reason of the negligence or willful misconduct of such Owner or any Occupant using the Association Properties through such Owner and for any violation by such Owner or any such Occupant of this Declaration or any Rule and Regulation adopted by the Association. Each Owner shall indemnify and hold the Association harmless from any and all loss, damage, expense, or liability arising from any negligence or willful misconduct of any Owner or Occupant using the Association Properties through such Owner. The Association shall have the power, as elsewhere provided in this Declaration, to levy and collect a Reimbursement Assessment against a Member, after Notice and Hearing, to cover the costs and expenses incurred by the Association on account of any such damage or any such violation of this Declaration or of such Rules and Regulations or for any increase in insurance premiums directly attributable to any such damage or any such violation. 5.10 Association Duties if Damage, Destruction, or Required Improvements. In the event of damage to Association Properties by fire or other casualty or in the event any governmental authority shall require any repair, reconstruction, or replacement of any Association Properties, the Association shall have the duty to repair, reconstruct, or replace the same, to the extent funds are available to do so. Any insurance proceeds payable by reason of Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 39 of 62 damage or destruction of Association Properties by fire or other casualty shall be paid to the Association and shall be used, to the extent necessary, to pay the costs of repair, reconstruction, or replacement. If funds from insurance proceeds or from reserve for replacement are insufficient to pay all costs of repair, reconstruction, or replacement of improvements damaged or destroyed, or if the Association is required to make repairs, replacements, or improvements by governmental authorities, the Association may, in order to make up any deficiency in the insurance proceeds or to pay for the required repair, replacement, or improvement, levy a Special Assessment in accordance with Section 9.16, or if a Member or group of Members is liable for such damage, levy a Reimbursement Assessment against the Member or group of Members responsible therefor, to provide the additional funds necessary. Repair, reconstruction, or replacement of Association Properties shall be done under such contracting and bidding procedures as the Association shall determine are appropriate. If insurance proceeds available to the Association on account of damage or destruction exceed the cost of repair, reconstruction, and replacement, the Association may use the same for future maintenance, repair, improvement, and operation of other Association Properties or any other use deemed appropriate by the Board. 5.11 Delegation of Management and Maintenance Duties. The Association, through the Board of Directors, may delegate all or any part of their powers and duties to one or more Managing Agents, including Declarant. Notwithstanding the delegation by the Board of Directors to one or more Managing Agents, such parties shall not be relieved of their responsibilities under this Declaration and no such delegation shall modify specific requirements in the Association Documents for approval of certain actions by the Board of Directors or by Members of the Association. 5.12 Limitation Upon Liability of Association. NOTWITHSTANDING THE DUTY OF THE ASSOCIATION TO MAINTAIN AND REPAIR PORTIONS OF THE COMMON INTEREST COMMUNITY, THE ASSOCIATION SHALL NOT BE LIABLE TO OWNERS FOR INJURY OR DAMAGE, OTHER THAN FOR THE COST OF MAINTENANCE AND REPAIR, CAUSED BY ANY LATENT CONDITION OF THOSE PORTIONS OF THE COMMON INTEREST COMMUNITY TO BE MAINTAINED AND REPAIRED BY THE ASSOCIATION, OR CAUSED BY THE ELEMENTS OR OTHER OWNERS AND OCCUPANTS. 5.13 Association Powers in the Event of Condemnation. If any Association Properties or interests therein are taken under exercise of the power of eminent domain or by private purchase in lieu thereof, the award in condemnation or the price payable shall be paid to the Association, except to the extent payable to any other Person with an interest in such property, including any Mortgagee of such property. The Association shall have the exclusive right to participate in such condemnation proceedings and to represent the interests of all Owners or other Persons therein. Any award or funds received by the Association shall be held by the Association in the Maintenance Fund as determined by the Board, as a reserve for future maintenance, repair, reconstruction, or replacement of Association Properties or may be used for Improvements or additions to or operation of Association Properties or such other uses deemed appropriate by the Board. Except as may otherwise be provided by the Act, no Owner shall be Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 40 of 62 entitled to participate as a party or otherwise in any condemnation proceedings nor to receive any proceeds therefrom. 5.14 Title to Association Properties on Dissolution of Association. In the event of dissolution of the Association, the Association Properties shall, to the extent permitted by law and reasonably possible, be conveyed or transferred to an appropriate public, governmental or quasi -governmental agency or organization or to a nonprofit corporation, association, trust, or other organization, to be used, in any such event, for the common benefit of Owners for similar purposes for which the particular Association Property was held by the Association. To the extent the foregoing is not possible, the Association Properties shall be sold or disposed of and the proceeds from the sale or disposition shall be distributed to the Owners. The portion of such proceeds to be allocated to each Lot shall be the product derived by multiplying the total proceeds from such sale or disposition by a fraction, the numerator of which shall be one (1) and the denominator of which shall be the number of Lots located in the Common Interest Community at the time of such sale or distribution. For the purpose of this Section 5.7, should any Lots be combined pursuant to Section 3.21 hereof, each. Lot so combined shall be counted separately in apportioning such proceeds. ARTICLE 6. DECLARANTS RESERVED RIGHTS Declarant hereby expressly reserved to itself and its successors and assigns the following described rights, which include development rights and special Declarant rights, any one or more of which rights may be exercised, in the sole and absolute discretion of Declarant, at any time and from time to time during the period commencing upon the Recording of this Declaration in the County and ending on the date of termination of such rights established under Section 6.12 below. It is expressly understood that Declarant shall not be obligated to exercise any of these reserved rights. Except as limited by this Article 6, such reserved rights may be exercised upon or in connection with all or any portion of the Common interest Community, the Annexable Property and/or the additional unspecified real estate referred to in Section 6.8 below. Such rights may be exercised with respect to different parcels of said real estate at different times, and in connection therewith Declarant hereby states that (i) no assurances are made regarding the boundaries of said different parcels or with respect to the order in which such parcels may be subjected to the exercise of these reserved rights, even if a reference to a phase or phasing appears in a legal description, Plat, P.U.D. agreement or other agreement relating to the property, and (ii) if a particular reserved right is exercised in any portion of the real estate subject to that reserved right, that reserved right is not required to be exercised in all or any portion of the remainder of that real estate. The reserved rights hereinafter set forth may not be amended, modified, terminated or otherwise altered in any way without the express prior written consent of Declarant. All conveyances of Lots and other portions of the Common Interest Community hereafter made, Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 41 of 62 whether by Declarant or otherwise, shall be deemed and construed to reserve to Declarant and/or to grant to Declarant all of the rights reserved by and to Declarant in this Article 6, even though no specific reference to such rights appears in the conveyance instruments. Nothing in this Article 6 shall limit or impair any other rights granted or reserved to Declarant by other provisions of this Declaration or of any Supplemental Declaration. The following rights are hereby reserved to Declarant and its successors and assigns: 6.1 Completion of Improvements. The right throughout the Common Interest Community to complete Improvements indicated on any Plat, as defined in Paragraph 2.32 hereof, as such plats and Declarations may be amended from time to time and the right to construct and complete Improvements required by the terms of any Subdivision Improvements Agreements with the County. Furthermore, the right to create, grant and/or use and enjoy additional non-exclusive easements, and to relocate existing platted easements, upon or across any portion of the Common Interest Community except Building Envelopes, as may be reasonably required for the completion by Declarant of the above-described Improvements or the effective exercise by Declarant of any of the other reserved rights described in this Article 6. 6.2 Sales. Marketing and Management. The right to construct, locate or operate, and to maintain upon, and to remove from, Lots owned by Declarant, andlor the Common Areas, in the discretion of Declarant, and in such number, size and location as may be reasonably required by Declarant in connection with the completion of Improvements, the management of the development, andlor the promotion, marketing, sale or rental of Lots, the following: 6.2.1 Sales offices, management offices, andlor construction offices, and structures containing or relating to the same. Such offices, to the extent they are not situated on a Lot or are hereby declared to be personal property of the Declarant and shall in any case be removable by Declarant or its successors or assigns promptly upon the Declarant or its successors or assigns ceasing to be a Lot Owner; 6.2.2 Signs identifying and advertising the Common Interest Community and the Lots therein, or relating to development or construction thereon; 6.2.3 Model residences constructed or to be constructed on Lots; 6.2.4 Parking areas and facilities, and lighting, necessary or desirable in the marketing of the Common Interest Community and the Lots to prospective Owners; 6.2.5 Employees in offices; equipment; vehicles; and marketing and construction materials; 6.2.6 Together with the right to attract, invite or bring prospective purchasers of Lots into the Common Interest Community at all times, and to permit them to use and enjoy the Common Areas. Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 42 of 62 6.3 Merger. The right to merge or consolidate the Common Interest Community with another common interest community of the same form of ownership. 6.4 Declarant Control of Association. The right to appoint or remove any Executive Board member or officer of the Association, as more specifically set forth in Section 7.4 below, but only for and during the "Period of Declarant Control of Association" as defined in said Section 7.4. 6.5 Declarant's Rights to Grant and Create Easements. The right to grant, create or reserve temporary and permanent easements or to relocate existing easements for (a) the Conservation Easement; (b) the Master Deed Restriction; (c) access to and egress from or through the Common Interest Community; (d) access to and egress from the Conservation Area in accordance with the Conservation Easement; (e) utilities, including, but not limited to, water, sewer and electrical lines; (1) drainage, irrigation and ditch and pipeline easements; (g) access across private roads located within the Common Interest Community to the Annexable Property; and (h) other purposes incident to the development and sale of the Common Interest Community (collectively the "Easements"). Such Easements may be located by Declarant in, on, under, over, and across Association Properties or upon, Lots within the Common Interest Community so long as such easements do not he within any Building Envelope. Declarant shall further have the right to grant to public or quasi -public entities the right to construct certain storage or other similar facilities on the Association Properties in connection with the provision of utilities or other services to the Common Interest Community. Any such facilities so located, and of all distributions lines located in any easements created pursuant to the provisions hereof, or otherwise, shall, in of all events, belong to the provider of such services. 6.6 Annexation of Additional Properties. The right to annex to the Common Interest Community all or any part of the Annexable Property described on attached Exhibit D and to modify each Owner's Allocated Interests accordingly. Alternatively, Declarant shall have the right and is authorized to develop portions of the Annexable Property and/or to convey portions of the Annexable Property to such third party or parties as Declarant may deem appropriate, prior to and instead of annexing them to the Common Interest Community, whether for purposes consistent with this Declaration or otherwise. Declarant makes no assurances that all or any portion of the Annexable Property will be added to the Common Interest Community and Declarant reserves the right to annex all or any portion of the Annexable Property to the Common Interest Community in any order it deems appropriate in its sole and absolute discretion. 6.7 Annexation Procedure. The annexation of additional real property to the Common Interest Community shall be accomplished by the Recording by Declarant with the Clerk and Recorder of the County of a Supplemental Declaration containing a legal description of the land area to be added to the Common Interest Community and amending this Declaration accordingly, together with a Supplemental Plat thereof. The Supplemental Declaration shall assign an identifying number to each Lot created thereby, and shall reallocate the Allocated Interests of all Lot Owners in the Common interest Community in accordance with the definition Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 43 of 6 2 of Allocated Interests contained in this Declaration. In no event shall any annexation increase the number of Lots in the Common interest Community beyond the one hundred and twenty (120) Lot maximum stated in the Recitals to this Declaration. The Supplemental Declaration shall also describe any Common Areas, Limited Common Areas, or limited common elements thereby created, and in the case of Limited Common Areas or limited common elements, the Supplemental Declaration shall designate the Lot(s) to which each area or element is allocated. The annexation of the Annexable Property may be accomplished by successive Supplemental Declarations, in no particular or pre -established order, and may provide that property annexed thereby (the "Annexed Property") is phased so that it is made subject to this Declaration at different times. Upon Recording of a Supplemental Declaration, the Annexed Property described therein shall be subject to all of the covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes, and other provisions set forth in this Declaration, except to the extent specifically stated in the Supplemental Declaration or as modified thereby. Any such Supplemental Declaration may impose on the Annexed Property described therein additional covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes, and other provisions than those set forth in this Declaration, taking into account the unique and particular aspects of the Annexed Property covered thereby and of the proposed development thereof. Furthermore, Declarant shall have the right to reserve in such Supplemental Declaration any development rights that Declarant considers necessary or appropriate, provided that such provision shall not extend the termination date for the exercise of Declarant's development rights as set forth in Section 6.12 below. A Supplemental Declaration may provide for a subassociation of Owners within the Annexed Property described in the Supplemental Declaration and for the rights of the subassociation to assess such Owners for common expenses unique to those Owners. In the event the Annexed Property shall not be served by utilities described in this Declaration, including the irrigation System, the Wastewater Treatment Facility, or the domestic water system governed by the Water Association, this right to provide for a subassociation of Owners in a Supplemental Declaration shall include, but not be limited to, the right to provide for a subassociation of Owners to govern, control and levy assessments for the use of any utilities unique to those Owners and further described in the Supplemental Declaration. 6.8 Annexation of Additional Unspecified Real Estate. The right to annex additional, unspecified real estate to the Common Interest Community to the fullest extent permitted by the Act. In the event that Declarant elects to annex any such additional unspecified real estate, Declarant shall annex such property to the Common Interest Community in accordance with the provisions of Section 6.7 above. 6.9 Withdrawal Rights and Procedure. The right at any time and from time to time to withdraw from the Common Interest Community (and any annexations thereto) any Declarant -owned Lot or Lots, or Common Areas. 6.9.1 Withdrawal may only be accomplished by the recording by Declarant of an amendment to this Declaration or any Supplemental Declaration affected by the Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 44 of 62 withdrawal, and an arnendrnent to the Plat or any Supplemental Plat affected by the withdrawal. Upon the recording of such amendments, the withdrawn Lots, or Common Areas shall no longer be part of the Common Interest Community or subject to this Declaration or any applicable Supplemental Declaration in any way. 6.9.2 Each Declarant -owned Lot, and each Declarant -owned Common Area, is hereby described and declared to be a separate portion of real estate that is subject to this right of withdrawal, and Declarant expressly reserves the right to withdraw one or more Declarant -owned Lots and/or all or a portion of any Declarant -owned Common Area from the Common Interest Community. Once a Lot has been conveyed to a Lot Owner other than Declarant, that portion of the real estate is no long subject to this right of withdrawal. Likewise, once a Common Area has been conveyed to the Association, that portion of the real estate is no longer subject to this right of withdrawal. 6.9.3 The withdrawn property shall be subject to whatever easements, if any, may be reasonably necessary for access or utility service to, or operation or management or use or enjoyment of, the Common Interest Community or any part thereof. Similarly, the owner(s) of the withdrawn property shall have whatever easements, if any, are reasonably necessary for access or utility service to or for use or enjoyment of the withdrawn property over and across the Common Areas within the Common Interest Community. At the time any withdrawal of real estate is accomplished, Declarant shall record whatever documents are necessary to establish such reciprocal easements in the County records. 6.10 Subdivision of Blocks or Lots or Units; Conversions of Lots or Units into Master Common Area. Declarant shall have and hereby reserves the right to subdivide any Declarant -owned Block or Lot located within the Common Interest Community to create additional Lots, subject to the maximum number of Lots set forth in the Recitals to this Declaration; provided, however, that such subdivision is consistent with the PUD for Blue Creek Ranch or that said PUD is amended if necessary, and that the subdivision is accomplished in compliance with Garfield County subdivision requirements. Declarant shall also have and hereby reserves the right to convert one or more Lots into Common Area. Upon the subdivision of any Block or Lot or the conversion of any Lot(s) into Common Area in accordance with the terms and conditions contained herein, the Allocated Interests of all Owners shall be reallocated in accordance with the definition of Allocated Interests contained in this Declaration. 6.11 Effect of Expansion or Contraction. In the event any real property is annexed to the Common Interest Community as provided herein, or if any real property is withdrawn from the Common Interest Community as provided herein, the definitions used in this Declaration shall be automatically expanded or contracted to encompass and refer to the Common Interest Community as expanded or contracted. Common Area shall also mean and include all properties located from time to time within the Annexed Property that fall within the definition of Common Area contained in this Declaration, less any Common Area removed by withdrawal. Every Owner of a Lot in the area annexed to the Common Interest Community shall, by virtue of Declaration oj'Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 45 of 62 ownership of such Lot and upon recordation of the Supplemental Declaration annexing such property to the Common Interest Community, be a Member of the Association and, except as may be otherwise provided in the Supplemental Declaration, shall be entitled to the same rights and privileges and subject to the same duties and obligations as any other Association Member. Regular Assessments for Lots within the Annexed Property shall commence as of the date of the Recording of the Supplemental Declaration and shall be prorated as of such date. The recording of amendments to the Declaration and Nat which reallocate the Allocated Interests in the Common Interest Community, shall automatically: 6.11.1 Vest in each existing Lot Owner the reallocated Allocated Interests appurtenant to the Owner's Lot; and 6.11.2 Vest in each existing Mortgagee a perfected security interest in the reallocated Allocated Interests appurtenant to the encumbered Lot. 6.12 Other Reserved Development Rights. The right with respect to all or any Declarant -owned portion of the Common Interest Community (including the Lots) to (a) create Common Areas or Limited Common Areas; (b) create additional Lots, subject to the maximum set forth in the Recitals to this Declaration; (c) combine Lots; (d) convert Lots into Common Areas; (e) convert Common Areas into Lots; and (f) create Common Elements and/or Limited Common Elements. 6.13 Transfer of Declarant's Reserved Rights. Any one or more rights created or reserved for the benefit of Declarant under this Article 6 or elsewhere in this Declaration or in any Supplemental Declaration may be transferred to any Person by an instrument describing the right or rights transferred and Recorded in the County. Such instrument shall be executed by the transferor Declarant and the transferee. 6.14 Termination of Declarant's Reserved Rights. With the exception of Declarant's right to appoint or remove Executive Board members and officers of the Association, which is addressed in Section 7.4 below, the rights reserved to Declarant in this Article 6 shall automatically terminate and expire upon the first to occur of (1) the date which is thirty (30) years after the Recording of this Declaration, or (ii) Declarant's relinquishment and surrender of such rights by Recorded instrument. Declarant may from time to time relinquish and surrender one or more but less than all of the reserved rights, in which event the unrelinquished reserved rights shall remain fully valid and effective for the remainder of the term thereof. The Association may extend the time period for exercise of a development right, or reinstate a lapsed development right, subject to whatever terms, conditions and limitations the Association may impose on the subsequent exercise of the development right. The extension or renewal of a development right and any terms, conditions and limitations shall be included in an amendment executed by Declarant or the owner of the real estate subject to the development right and the Association. ARTICLE 7. Declaration of Covenants Conditions and Restrictions far Blue Creek Ranch PUD Page 46 462 whether by Declarant or otherwise, shall be deemed and construed to reserve to Declarant and/or to grant to Declarant all of the rights reserved by and to Declarant in this Article 6, even though no specific reference to such rights appears in the conveyance instruments. Nothing in this Article 6 shall limit or impair any other rights granted or reserved to Declarant by other provisions of this Declaration or of any Supplemental Declaration. The following rights are hereby reserved to Declarant and its successors and assigns: 6.1 Completion of Improvements. The right throughout the Common Interest Community to complete Improvements indicated on any Plat, as defined in Paragraph 2.32 hereof, as such plats and Declarations may be amended from time to time and the right to construct and complete Improvements required by the terms of any Subdivision Improvements Agreements with the County. Furthermore, the right to create, grant and/or use and enjoy additional non-exclusive easements, and to relocate existing platted easements, upon or across any portion of the Common Interest Community except Building Envelopes, as may be reasonably required for the completion by Declarant of the above-described Improvements or the effective exercise by Declarant of any of the other reserved rights described in this Article 6. 6.2 Sales. Marketing and Management. The right to construct, locate or operate, and to maintain upon, and to remove from, Lots owned by Declarant, andlor the Common Areas, in the discretion of Declarant, and in such number, size and location as may be reasonably required by Declarant in connection with the completion of Improvements, the management of the development, andlor the promotion, marketing, sale or rental of Lots, the following: 6.2.1 Sales offices, management offices, andlor construction offices, and structures containing or relating to the same. Such offices, to the extent they are not situated on a Lot or are hereby declared to be personal property of the Declarant and shall in any case be removable by Declarant or its successors or assigns promptly upon the Declarant or its successors or assigns ceasing to be a Lot Owner; 6.2.2 Signs identifying and advertising the Common Interest Community and the Lots therein, or relating to development or construction thereon; 6.2.3 Model residences constructed or to be constructed on Lots; 6.2.4 Parking areas and facilities, and lighting, necessary or desirable in the marketing of the Common Interest Community and the Lots to prospective Owners; 6.2.5 Employees in offices; equipment; vehicles; and marketing and construction materials; 6.2.6 Together with the right to attract, invite or bring prospective purchasers of Lots into the Common Interest Community at all times, and to permit them to use and enjoy the Common Areas. Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 42 of 62 6.3 Merger. The right to merge or consolidate the Common Interest Community with another common interest community of the same form of ownership. 6.4 Declarant Control of Association. The right to appoint or remove any Executive Board member or officer of the Association, as more specifically set forth in Section 7.4 below, but only for and during the "Period of Declarant Control of Association" as defined in said Section 7.4. 6.5 Declarant's Rights to Grant and Create Easements. The right to grant, create or reserve temporary and permanent easements or to relocate existing easements for (a) the Conservation Easement; (b) the Master Deed Restriction; (c) access to and egress from or through the Common Interest Community; (d) access to and egress from the Conservation Area in accordance with the Conservation Easement; (e) utilities, including, but not limited to, water, sewer and electrical lines; (1) drainage, irrigation and ditch and pipeline easements; (g) access across private roads located within the Common Interest Community to the Annexable Property; and (h) other purposes incident to the development and sale of the Common Interest Community (collectively the "Easements"). Such Easements may be located by Declarant in, on, under, over, and across Association Properties or upon, Lots within the Common Interest Community so long as such easements do not he within any Building Envelope. Declarant shall further have the right to grant to public or quasi -public entities the right to construct certain storage or other similar facilities on the Association Properties in connection with the provision of utilities or other services to the Common Interest Community. Any such facilities so located, and of all distributions lines located in any easements created pursuant to the provisions hereof, or otherwise, shall, in of all events, belong to the provider of such services. 6.6 Annexation of Additional Properties. The right to annex to the Common Interest Community all or any part of the Annexable Property described on attached Exhibit D and to modify each Owner's Allocated Interests accordingly. Alternatively, Declarant shall have the right and is authorized to develop portions of the Annexable Property and/or to convey portions of the Annexable Property to such third party or parties as Declarant may deem appropriate, prior to and instead of annexing them to the Common Interest Community, whether for purposes consistent with this Declaration or otherwise. Declarant makes no assurances that all or any portion of the Annexable Property will be added to the Common Interest Community and Declarant reserves the right to annex all or any portion of the Annexable Property to the Common Interest Community in any order it deems appropriate in its sole and absolute discretion. 6.7 Annexation Procedure. The annexation of additional real property to the Common Interest Community shall be accomplished by the Recording by Declarant with the Clerk and Recorder of the County of a Supplemental Declaration containing a legal description of the land area to be added to the Common Interest Community and amending this Declaration accordingly, together with a Supplemental Plat thereof. The Supplemental Declaration shall assign an identifying number to each Lot created thereby, and shall reallocate the Allocated Interests of all Lot Owners in the Common interest Community in accordance with the definition Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 43 of 6 2 of Allocated Interests contained in this Declaration. In no event shall any annexation increase the number of Lots in the Common interest Community beyond the one hundred and twenty (120) Lot maximum stated in the Recitals to this Declaration. The Supplemental Declaration shall also describe any Common Areas, Limited Common Areas, or limited common elements thereby created, and in the case of Limited Common Areas or limited common elements, the Supplemental Declaration shall designate the Lot(s) to which each area or element is allocated. The annexation of the Annexable Property may be accomplished by successive Supplemental Declarations, in no particular or pre -established order, and may provide that property annexed thereby (the "Annexed Property") is phased so that it is made subject to this Declaration at different times. Upon Recording of a Supplemental Declaration, the Annexed Property described therein shall be subject to all of the covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes, and other provisions set forth in this Declaration, except to the extent specifically stated in the Supplemental Declaration or as modified thereby. Any such Supplemental Declaration may impose on the Annexed Property described therein additional covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes, and other provisions than those set forth in this Declaration, taking into account the unique and particular aspects of the Annexed Property covered thereby and of the proposed development thereof. Furthermore, Declarant shall have the right to reserve in such Supplemental Declaration any development rights that Declarant considers necessary or appropriate, provided that such provision shall not extend the termination date for the exercise of Declarant's development rights as set forth in Section 6.12 below. A Supplemental Declaration may provide for a subassociation of Owners within the Annexed Property described in the Supplemental Declaration and for the rights of the subassociation to assess such Owners for common expenses unique to those Owners. In the event the Annexed Property shall not be served by utilities described in this Declaration, including the irrigation System, the Wastewater Treatment Facility, or the domestic water system governed by the Water Association, this right to provide for a subassociation of Owners in a Supplemental Declaration shall include, but not be limited to, the right to provide for a subassociation of Owners to govern, control and levy assessments for the use of any utilities unique to those Owners and further described in the Supplemental Declaration. 6.8 Annexation of Additional Unspecified Real Estate. The right to annex additional, unspecified real estate to the Common Interest Community to the fullest extent permitted by the Act. In the event that Declarant elects to annex any such additional unspecified real estate, Declarant shall annex such property to the Common Interest Community in accordance with the provisions of Section 6.7 above. 6.9 Withdrawal Rights and Procedure. The right at any time and from time to time to withdraw from the Common Interest Community (and any annexations thereto) any Declarant -owned Lot or Lots, or Common Areas. 6.9.1 Withdrawal may only be accomplished by the recording by Declarant of an amendment to this Declaration or any Supplemental Declaration affected by the Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 44 of 62 withdrawal, and an arnendrnent to the Plat or any Supplemental Plat affected by the withdrawal. Upon the recording of such amendments, the withdrawn Lots, or Common Areas shall no longer be part of the Common Interest Community or subject to this Declaration or any applicable Supplemental Declaration in any way. 6.9.2 Each Declarant -owned Lot, and each Declarant -owned Common Area, is hereby described and declared to be a separate portion of real estate that is subject to this right of withdrawal, and Declarant expressly reserves the right to withdraw one or more Declarant -owned Lots and/or all or a portion of any Declarant -owned Common Area from the Common Interest Community. Once a Lot has been conveyed to a Lot Owner other than Declarant, that portion of the real estate is no long subject to this right of withdrawal. Likewise, once a Common Area has been conveyed to the Association, that portion of the real estate is no longer subject to this right of withdrawal. 6.9.3 The withdrawn property shall be subject to whatever easements, if any, may be reasonably necessary for access or utility service to, or operation or management or use or enjoyment of, the Common Interest Community or any part thereof. Similarly, the owner(s) of the withdrawn property shall have whatever easements, if any, are reasonably necessary for access or utility service to or for use or enjoyment of the withdrawn property over and across the Common Areas within the Common Interest Community. At the time any withdrawal of real estate is accomplished, Declarant shall record whatever documents are necessary to establish such reciprocal easements in the County records. 6.10 Subdivision of Blocks or Lots or Units; Conversions of Lots or Units into Master Common Area. Declarant shall have and hereby reserves the right to subdivide any Declarant -owned Block or Lot located within the Common Interest Community to create additional Lots, subject to the maximum number of Lots set forth in the Recitals to this Declaration; provided, however, that such subdivision is consistent with the PUD for Blue Creek Ranch or that said PUD is amended if necessary, and that the subdivision is accomplished in compliance with Garfield County subdivision requirements. Declarant shall also have and hereby reserves the right to convert one or more Lots into Common Area. Upon the subdivision of any Block or Lot or the conversion of any Lot(s) into Common Area in accordance with the terms and conditions contained herein, the Allocated Interests of all Owners shall be reallocated in accordance with the definition of Allocated Interests contained in this Declaration. 6.11 Effect of Expansion or Contraction. In the event any real property is annexed to the Common Interest Community as provided herein, or if any real property is withdrawn from the Common Interest Community as provided herein, the definitions used in this Declaration shall be automatically expanded or contracted to encompass and refer to the Common Interest Community as expanded or contracted. Common Area shall also mean and include all properties located from time to time within the Annexed Property that fall within the definition of Common Area contained in this Declaration, less any Common Area removed by withdrawal. Every Owner of a Lot in the area annexed to the Common Interest Community shall, by virtue of Declaration oj'Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 45 of 62 ownership of such Lot and upon recordation of the Supplemental Declaration annexing such property to the Common Interest Community, be a Member of the Association and, except as may be otherwise provided in the Supplemental Declaration, shall be entitled to the same rights and privileges and subject to the same duties and obligations as any other Association Member. Regular Assessments for Lots within the Annexed Property shall commence as of the date of the Recording of the Supplemental Declaration and shall be prorated as of such date. The recording of amendments to the Declaration and Nat which reallocate the Allocated Interests in the Common Interest Community, shall automatically: 6.11.1 Vest in each existing Lot Owner the reallocated Allocated Interests appurtenant to the Owner's Lot; and 6.11.2 Vest in each existing Mortgagee a perfected security interest in the reallocated Allocated Interests appurtenant to the encumbered Lot. 6.12 Other Reserved Development Rights. The right with respect to all or any Declarant -owned portion of the Common Interest Community (including the Lots) to (a) create Common Areas or Limited Common Areas; (b) create additional Lots, subject to the maximum set forth in the Recitals to this Declaration; (c) combine Lots; (d) convert Lots into Common Areas; (e) convert Common Areas into Lots; and (f) create Common Elements and/or Limited Common Elements. 6.13 Transfer of Declarant's Reserved Rights. Any one or more rights created or reserved for the benefit of Declarant under this Article 6 or elsewhere in this Declaration or in any Supplemental Declaration may be transferred to any Person by an instrument describing the right or rights transferred and Recorded in the County. Such instrument shall be executed by the transferor Declarant and the transferee. 6.14 Termination of Declarant's Reserved Rights. With the exception of Declarant's right to appoint or remove Executive Board members and officers of the Association, which is addressed in Section 7.4 below, the rights reserved to Declarant in this Article 6 shall automatically terminate and expire upon the first to occur of (1) the date which is thirty (30) years after the Recording of this Declaration, or (ii) Declarant's relinquishment and surrender of such rights by Recorded instrument. Declarant may from time to time relinquish and surrender one or more but less than all of the reserved rights, in which event the unrelinquished reserved rights shall remain fully valid and effective for the remainder of the term thereof. The Association may extend the time period for exercise of a development right, or reinstate a lapsed development right, subject to whatever terms, conditions and limitations the Association may impose on the subsequent exercise of the development right. The extension or renewal of a development right and any terms, conditions and limitations shall be included in an amendment executed by Declarant or the owner of the real estate subject to the development right and the Association. ARTICLE 7. Declaration of Covenants Conditions and Restrictions far Blue Creek Ranch PUD Page 46 462 ASSOCIATION OPERATION 7.1 Association. The Association has been or will be formed as a Colorado nonprofit corporation under the Colorado Revised Nonprofit Corporation Act prior to the date of the conveyance of the first Lot. The Association shall have the duties, powers, and rights set forth in the Act, the Colorado Revised Nonprofit Corporation Act, this Declaration and in its Articles of Incorporation and Bylaws. As more specifically set forth hereinafter, the Association shall have a Board of Directors to manage its affairs. Except as may be provided herein, the Articles of Incorporation or the Bylaws, the Board of Directors shall be elected by Owners acting in their capacity as Members of the Association. 7.2 Association Board of Directors. The affairs of the Association shall be managed by a Board of Directors. The number, term and qualifications of the Board of Directors shall be fixed in the Articles of Incorporation and Bylaws. The Board of Directors may, by resolution, delegate portions of its authority to officers of the Association, but such delegation of authority shall not relieve the Board of Directors of the ultimate responsibility for management of the affairs of the Association. Action by or on behalf of the Association may be taken by the Board of Directors or any duly authorized executive committee, officer, agent, or employee without a vote of Members, except as otherwise specifically provided in this Declaration. A quorum shall be deemed present throughout any meeting of the Board of Directors if Directors entitled to cast at least fifty percent (50%) of the votes on the Board of Directors are present at the beginning of the meeting or grant their proxy as provided in Colorado Revised Statutes § 7-128-205(4). With the exception of matters that may be discussed in executive session, as set forth in § 38-33.3-308(3-7) of the Act, all regular and special meetings of the Board of Directors or any committee thereof shall be open to attendance by all Members in the Association or their representatives. Without limiting the generality of the foregoing, no rule or regulation may be validly adopted during an executive session. Agendas for meetings of the Board of Directors shall be made reasonably available for examination by all Members or their representatives. The Board of Directors shall have all powers, authority and duties granted or delegated to it by the Act, this Declaration, and the Association Documents. Except as provided in the Act, this Declaration, or the Association Documents, the Board of Directors may act in all instances on behalf of the Association. The Board of Directors may not, however, act on behalf of the Association to amend this Declaration, to terminate the Common Interest Community, or to elect Directors or determine the qualifications, powers and duties, or terms of office of Directors but the Board of Directors may fill Director vacancies in its membership for the unexpired portion of any term. The Board of Directors may, by resolution, delegate portions of its authority to officers of the Association, but such delegations of authority shall not relieve the Board of Directors of the ultimate responsibility for management of the affairs of the Association. No Director or officer Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 47 of 62 shall be liable for actions taken or omissions made in performance of such Director's or officer's duties except for wanton and willful acts or omissions. 7.3 Membership in Association. Each Owner of a Lot within the Common Interest Community shall be a Member of the Association and shall remain a Member for the period of the Owner's ownership of a Lot. There shall be one Membership in the Association for each Lot within the Common Interest Community. The Person or Persons who constitute the Owner of a Lot shall automatically be the holder of the Membership appurtenant to that Lot, and the Membership appurtenant thereto shall automatically pass with fee simple title to the Lot. Declarant shall hold a Membership in the Association for each Lot owned by Declarant. Membership in the Association shall not be assignable separate and apart from fee simple title to a Lot. However, any Owner may appoint, in a written instrument furnished to the secretary of the Association, a delegate to exercise the rights of such Owner as a Member of the Association, and in the event of such appointment, the delegate shall have the power to cast votes on behalf of the Owner as a Member of the Association, subject to the provisions of and in accordance with the procedures more fully described in the Bylaws of the Association. 7.4 Voting Rights of Members. Each Member shall have the right to cast one vote for each Lot owned by such Member in accordance with the Bylaws, provided that in no event shall there be more than one (1) vote per Lot. Occupants of Lots shall not have voting rights. If title to a Lot is owned by more than one (1) Person, such persons shall collectively vote their interest as a single vote. If only one of the multiple Owners of a Lot is present at an Association meeting, such Owner is entitled to cast the vote allocated to the Lot. If more than one of the multiple Owners is present, the vote allocated to that Lot may be cast only in accordance with the agreement of a majority in interest of the Owners. There is a majority agreement if any 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 Lot. In the event that a protest is made by one or more multiple Owners, and a majority -in -interest of the multiple Owners of a Lot cannot agree on how to cast their vote, any vote cast for that Lot shall be null and void with regard to the issue being voted upon. Such multiple Owners and their Lot shall nevertheless be counted in determining the presence of a quorum with respect to the issue being voted upon. 7.5 Declarant Control. Notwithstanding anything contained herein to the contrary, Declarant shall be entitled to select and appoint, in its sole discretion, Directors, in accordance with the Bylaws (the "Declarant's Control Period"), until the expiration of the Declarant's Control Period as defined below. Provided, however, the right of the Declarant to select and appoint Directors shall be subject to the provisions of Section 5.5 of the Bylaws. The Declarant's Control Period shall cease on the happening of any of the following events, whichever occurs earlier: (a) sixty (60) days after conveyance of seventy-five percent (75%) of the total number of Lots that may be created within the Common Interest Community have been conveyed to Persons other than Declarant; (b) two (2) years after the last conveyance of a Lot by Declarant in the ordinary course of business; (c) two (2) years after any right to add new Lots was last exercised by Declarant; or (d) when, in its discretion, Declarant so determines. Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 48 of 62 7.6 Termination of Contracts and Leases of Declarant. The following contracts and leases, if entered into before the Board of Directors elected by the Owners pursuant to Section 38-313-303(7) of the Act takes office, may be terminated without penalty by the Association at any time after the Board of Directors elected by the Owners pursuant to said Section 38-33.3-303(7) takes office, upon no less than ninety (90) days notice to the other party: (1) any management contract, employment contract or lease of recreational or parking areas or facilities; (ii) any other contract or lease between the Association and Declarant or an affiliate of Declarant; (iii) any contract or lease that is not bona fide or was unconscionable to the Owners at the time entered into under the circumstances then prevailing. 7.7 Determination of Member Voting Privileges. Notwithstanding anything to the contrary contained herein, only Members whose voting rights are in good standing under the Associations` Bylaws (e.g., voting rights which have not been suspended as provided therein) 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. 7.8 Registration of Owners. Each Owner shall register with the Association upon such Owner's acquisition of a Lot within the Common Interest Community. Such registration shall be completed by such owner at the time such Owner closes the purchase of a Lot within the Common Interest Community and shall be delivered to the Association within seven days of the date of such closing. Such registration shall be in a form prescribed by the Association and shall include: (1) a mailing address where notices or demands intended to be served upon such Owner may be mailed by the Association; (2) a designation of a voting representative for such Lot; and (3) an acknowledgment that such Owner has: (a) received a copy of this Declaration and the Bylaws of the Association; (b) that such Owner has read and understands the same; and (c) that such Owner is bound by the terms and provisions of the Declaration and the Bylaws. ARTICLE 8. DUTIES AND POWERS OF ASSOCIATION 8.1 General Duties and Powers of Association. The Association has been or will be formed to further the common interests of the Members and to manage the affairs of the Common Interest Community. The- Association, acting through the Board or Persons to whom the Board has delegated such powers, shall have the duties and powers hereinafter set forth and, in general, the power to do anything that may be necessary or desirable to further the common interests of the Members, to maintain, improve, and enhance the common interests of the Members, to maintain, improve, and enhance Association Properties, and to improve and enhance the attractiveness, aesthetics, and desirability of the Common Interest Community. 8.2 Duty to Accept Property and Facilities Transferred by Declarant. The Association shall accept title to any real property, including any Improvements thereon and personal property Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 49 of 62 transferred to the Association by Declarant, and equipment related thereto, together with the responsibility to perform any and all Administrative and Association Functions associated therewith, provided that such property and functions are not inconsistent with the terms of this Declaration. Property interests transferred to the Association by Declarant may include fee simple title, easements, leasehold interests, and licenses to use. Any property or interest in property transferred to the Association by Declarant shall be within the boundaries of the Common Interest Community; provided, however, that Declarant shall be entitled to transfer and convey the beneficial use of an easement, subject to, any obligations thereunder, located outside of the Common Interest Community but which benefits the Association and the Owners. Any property or interest in property transferred to the Association by Declarant shall, except to the extent otherwise specifically approved by resolution of the Board of Directors, be transferred to the Association free and clear of all monetary obligations, liens and encumbrances (other than the lien of property taxes and assessments not then due and payable), but shall be subject to the terms of this Declaration, and easements, covenants, conditions, restrictions, and equitable servitudes or other encumbrances of record. Except as otherwise specifically approved by resolution of the Board of Directors, no property or interest in property transferred to the Association by Declarant shall impose upon the Association any obligation to make monetary payments to Declarant or any affiliate of Declarant, including, but not limited to, any purchase price, rent, charge, or fee. 8.3 Duty to Manage and Care for Association Properties. The Association shall manage, operate, care for, maintain, and repair all Association Properties and keep the same in an attractive and desirable condition for the use and enjoyment of the Members. 8.4 Duty to Pay Taxes. The Association shall pay all taxes and assessments levied upon the Association Properties and all taxes and assessments payable by the Association. The Association shall have the right to contest any such taxes or assessments provided that the Association shall contest the same by appropriate legal proceedings which shall have the effect of preventing the collection of the tax or assessment and the sale or foreclosure of any lien for such tax or assessment and provided that the Association shall keep and hold sufficient funds to pay and discharge the taxes and assessments, together with any interest and penalties which may accrue with respect thereto, if the contest of such taxes is unsuccessful. 8.5 Duty to Maintain Casualty Insurance. The Association shall obtain and keep in full force and effect at all times, to the extent reasonably obtainable, property insurance on all insurable Association Properties, including, but not limited to, improvements and personal property owned by the Association or that must be owned by the Association in the future. Such insurance shall be for broad form covered causes of loss, including, casualty, fire, and extended coverage insurance with respect to all insurable Improvements and personal property owned by the Association including, if available at reasonable cost, coverage for vandalism and malicious mischief and, if available and if deemed appropriate, coverage for flood, earthquake, and war risk. Such insurance shall, to the extent reasonably obtainable, be for the full insurable replacement cost of the insured property, less applicable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavation, foundations and other items normally excluded from property policies. Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 50 of 62 8.6 Duty to Maintain Liability Insurance. The Association shall obtain and keep in full force and effect at all times, to the extent reasonably obtainable, general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, or management of the Association Properties and covering public liability for bodily injury and property damage and, if the Association owns or operates motor vehicles, public liability for bodily injury and property damage arising as a result of the ownership and operation of motor vehicles. Such liability insurance for other than motor vehicle liability shall, to the extent reasonably obtainable, (a) have limits of not less than Five Hundred Thousand Dollars ($500,000) per person and One Million Dollars ($1,000,000) per occurrence; (b) insure the Board, the Association, the Manager, if any, and their respective employees, agents and all Persons acting as agents; (c) include the Declarant as an additional insured in such Declarant's capacity as a Member or Board member; (d) include the Members as an additional insured, but only for claims and liabilities arising in connection with the ownership, existence, use or management of Association Properties; and (e) cover claims of one or more insured parties against other insured properties. 8.7 General Provisions Respecting Insurance. Insurance obtained by the Association may contain such deductible provisions as good business practice may dictate. If the insurance described is not reasonably available, or if any policy of such insurance is canceled or renewed without a replacement policy therefor having been obtained by it, the Association shall promptly cause notice of that fact to be delivered to all Members. The Association may carry any other type of insurance it considers appropriate in amounts it deems appropriate, to insure the interest of the Association. Insurance policies carried pursuant to Sections 8.6 and 8.7 shall provide that (a) each Member is an insured Person under the policy with respect to liability arising out of such Member's interest in the Association Properties or membership in the Association; (b) the insurer waives its right of subrogation under the policy against the Association, each member, and any Person claiming by, through, or under such Member or any other director, agent, or employee of the foregoing; (c) no act or omission by any Member, unless acting within the scope of such Member's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy; and (d) if at the time of a loss under the policy, there is other insurance in the name of a Member covering the same risk covered by the policy, the Association's policy shall be the primary insurance. The Association may adopt and establish written nondiscriminatory policies and procedures relating to the submittal of claims, responsibility for deductibles, and any other matters of claims adjustment. To the extent the Association settles claims for damages to real property, it shall have the authority to assess negligent Owners causing such loss or benefitting from such repair or restoration for all deductibles paid by the Association. Insurance obtained by the Association shall, to the extent reasonably possible, and provided Declarant reimburses the Association for any additional premium payable on account thereof, name Declarant as an additional insured and shall contain a waiver of rights of subrogation as against Declarant. Insurance policies and insurance coverage shall be reviewed at least annually by the Board of Directors to ascertain whether coverage under the policies is sufficient in light of the current values of the Association Properties and in light of the possible or potential liabilities of the Association. The aforementioned insurance may be provided under blanket policies covering the Association Properties and property of Declarant. Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 51 of 62 8.8 Maintenance of Fidelity Insurance. In the event 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: 8.8.1 That the other persons or managing agent maintain fidelity insurance coverage or a bond in an amount not less than Twenty -Five Thousand Dollars ($25,000) or such higher amount as the Board of Directors or Executive Committee may require; 8.8.2 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. 8.8.3 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. 8.9 Other Insurance and Bonds. The Association shall obtain such other insurance as may be required by law, including workmen's compensation insurance, and shall have the power to obtain such other insurance and such fidelity, indemnity, or other bonds as the Association shall deem necessary or desirable. 8.10 Insurance Proceeds. Any loss covered by the property insurance policy described in Section 8.5 above must be adjusted with the Association, but the insurance proceeds for that loss shall be payable to any insurance trustee designated for that purpose, or otherwise to the Association, and not to any holder of a security interest. The insurance trustee or the Association shall hold any insurance proceeds in trust for the Association, Owners and lien holders as their interest may appear. Subject to the provisions of Section 38.33.3-313(9) of the Act, the proceeds must be disbursed first for the repair or restoration of the damaged property, and the Association, Owners and lien holders are not entitled to receive payments of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely restored or the Common Interest Community is terminated. 8.11 Nonliability of Association or Board of Directors. Notwithstanding the duty of the Association to obtain insurance coverage, as stated herein, neither the Association nor any Board of Directors member, shall be liable to any Owner, Occupant, Mortgagee, or other Person, if any risks or hazards are not covered by insurance, or if the appropriate insurance is not obtained because such insurance is not reasonably obtainable on the Association's behalf, or if the amount of insurance is not adequate, and it shall be the responsibility of each Owner and Occupant to ascertain the coverage and protection afforded by the Association's insurance and to procure and pay for such additional insurance coverage and protection as the Owner or Occupant Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 52 of 62 may desire. 8.12 Insurance Claims. The Association is hereby irrevocably appointed and authorized, subject to the provisions contained herein, to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payments of claims, and to do all other acts reasonably necessary to accomplish any of the foregoing. The Board of Directors has full and complete power to act for the Association in this regard, and may, in its discretion, appoint an authorized representative, or enter into an insurance trust agreement, wherein the trustee shall have the authority to negotiate losses under any policy purchased by the Association. 8.13 Benefit. Except as otherwise provided herein, all insurance policies purchased by the Association shall be for the benefit of, and any proceeds of insurance received by the Association or any insurance trustee shall be held or disposed of, in trust, for the Association, the Owners, or the Occupants as their interest may appear. 8.14 Other Insurance to be Carried by Owners or Occupants. Insurance coverage on the improvements, furnishings and other items of personal property belonging to an Owner or Occupant, and public liability insurance coverage upon each Lot shall be the responsibility of the Owner or Occupant of the Lot. The Board of Directors may require an Owner who purchases additional insurance coverage for the Owner's Lot (other than coverage for the Owner's personal property) to file copies of such policies with the Association within thirty (30) days after purchase of the coverage to eliminate potential conflicts with any master policy carried by the Association. 8.15 Repair and Replacement. Any portion of the Common Interest Community for which insurance is required under Section 38-313-313 of the Act that is damaged or destroyed must be repaired or replaced promptly by the Association unless: (i) The Common Interest Community is terminated; (ii) repair or replacement would be illegal under any state or legal statute or ordinance governing health or safety; (iii) sixty-seven percent (67%) of the Owners, including Owners of every Lot that will not be rebuilt, vote not to rebuild; or (iv) prior to the conveyance of any Lot to a person other than Declarant, the Mortgagee holding a Mortgage on the damaged portion of the Common Areas rightfully demands all or a substantial part of the insurance proceeds. The cost of repair or replacement in excess of insurance proceeds in reserves is a Common Expense. If the entire Common Interest Community is not repaired or replaced, the insurance proceeds attributable to the damaged. Lots or, Common Areas must be used to restore the damaged property to a condition compatible with the remainder of the Common Interest Community, and, except to the extent that other persons would be distributees, the insurance proceeds attributable to Lots and Common Areas that are not rebuilt must be distributed to the Owners of those properties, or to lien holders, as their interest may appear, and the remainder of the proceeds must be distributed to all Owners or lien holders as their interest may appear in Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 53 of 62 proportion to the Common Expense liabilities of all Lots. In the event of damage to or destruction of all or a portion of the Lots or Common Areas due to fire or other adversity or disaster, the insurance proceeds if sufficient to reconstruct or repair the damage, shall be applied by the Association to such reconstruction and repair. If the insurance proceeds with respect to such damage or destruction are insufficient to repair and reconstruct the damage or destruction, the Association may levy a Special Assessment in the aggregate amount of such deficiency, or if any Owner or group of Owners is liable for such damage, may levy a Reimbursement Assessment against the Owner or group of Owners responsible therefore, and shall proceed to make such repairs or reconstruction. Such Assessments shall be due and payable as provided by resolution of the Board of Directors, but not sooner than sixty (60) days after written notice thereof. The Assessment provided for herein shall be a debt of each Owner assessed in a lien on his Lot, and may be enforced and collected in the same manner as any Assessment lien provided for in this Declaration. If the entire damaged property is not repaired or replaced, the insurance proceeds attributable to the damaged property must be used to restore the damaged property to a conditional compatible with the remainder of the Common Interest Community. No distributions of insurance proceeds shall be made unless made jointly payable to the Owners and first Mortgagee of their respective Lots, if any. 8.16 Cancellation. If the insurance described in Section 8.15 above is not reasonably available, or if any policy of such insurance is cancelled or not renewed without a replacement policy therefor having been obtained, the Association promptly shall cause notice of that fact to be hand delivered or sent prepaid by United States mail to all Owners. 8.17 Duty to Prepare Budgets. The Association shall prepare Budgets for the Association as elsewhere provided in this Declaration. 8.18 Duty to Levy and Collect Assessments. The Association shall Ievy and collect Assessments as elsewhere provided in this Declaration. 8.19 Duty to Keep Association Records. The Association shall keep financial records sufficiently detailed to enable the Association to comply with the Act, including, but not limited to, financial records sufficiently detailed to provide a statement setting forth the amount of any unpaid Assessments currently levied against an Owner. 8.20 Duties with Respect to Design Review Committee Approvals. The Association shall perform functions to assist the Design Review Committee as elsewhere provided in this Declaration. Additionally, the Association shall have the right to delegate the duties of the Design Review Committee to a similar committee performing similar functions at other planned unit developments within Garfield County, Colorado. 8.21 Duty to Water Association. The Association shall have the duty to abide by the articles of incorporation, bylaws and any other rules and regulations of the Water Association, including making timely payment of any assessments levied by the Water Association, and shall Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 54 of 62 aid the Water Association in enforcement of rules and regulations applicable to individual Owners and other water users. 8.22 Power to Acquire Property and Construct Improvements. The Association may acquire property or interests in property for the common benefit of Owners including improvements and personal property. The Association may construct Improvements on property, including portions of the Common Areas that are not otherwise subject to conservation or other types of restrictive easements, and may demolish existing Improvements. Notwithstanding any provision contained in this Declaration to the contrary, the Association may partition the interior area of any Improvement constructed on the Common Areas for individual Owner use, and may charge Owners for the use and maintenance of such partitioned areas. 8.23 Power to Adopt Rules and Regulations. The Association may adopt, amend, repeal, and enforce Rules and Regulations as may be deemed necessary or desirable with respect to the interpretation and implementation of this Declaration, the operation of the Association, the use and enjoyment of Association Properties, and the use of any other property within the Common Interest Community, including Lots. Any such Rules and Regulations shall be effective only upon adoption by resolution of the Board of Directors. Notice of the adoption, amendment, or repeal of any Rule or Regulation shall be given in writing to each Member at the address for notices to Members as elsewhere provided in this Declaration or the Bylaws, and copies of the currently effective Rules and Regulations shall be made available to each Member upon request and payment of the reasonable expense of copying the same. Each Member shall comply with such Rules and Regulations and shall see that Persons claiming through such Member comply with such Rules and Regulations. Such Rules and Regulations shall have the same force and effect as if they were set forth in and were part of this Declaration. In the event of conflict between the Rules and Regulations and the provisions of this Declaration, the provisions of this Declaration shall prevail. 8.24 Power to Enforce Declaration and Rules and Regulations. The Association shall have the power to enforce the provisions of this Declaration and the Rules and Regulations and shall take such action as the Board deems necessary or desirable to cause such compliance by each member and each Person claiming by, through, or under such Member ("Related User"). Without limiting the generality of the foregoing, the Association shall have the power to enforce the provisions of this Declaration and the Rules and Regulations by any one or more of the following means: (a) by entry upon any property within the Common Interest Community after Notice and Hearing (unless a bona fide emergency exists), without liability to the Owner thereof or the Association, for the purpose of enforcement or causing compliance with this Declaration or the Rules and Regulations; (b) by commencing and maintaining actions and suits to restrain and enjoin any breach or threatened breach of the provisions of this Declaration or the Rules and Regulations, by mandatory injunction or otherwise; (c) by commencing and maintaining actions and suits to recover damages for breach of any of the provisions of this Declaration or the Rules and Regulations; (d) by suspension, after Notice and Hearing, of the voting rights of a Member during and for up to ten (10) days following any breach by such Member or a Related User of such Member of this Declaration or the Rules and Regulations, unless the breach is a continuing Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 55 of 62 breach in which case such suspension shall continue for so long as such breach continues; (e) by levying and collecting, after Notice and Hearing, a Reimbursement Assessment against any Member for breach of this Declaration or the Rules and Regulations by such Member or Related User of such Member; and (f) uniformly applied fines and penalties, established in advance in the Rules and Regulations of the Association, from any Member or Related User for breach of this Declaration or the Rules and Regulations by such. Member or Related User of such Member. In the event that the Association fails to enforce the provisions of this Declaration as provided for herein, each Member shall, upon thirty (30) days written notice to the Association, have the power (a) to enforce the provisions hereof by commencing and maintaining actions and suits to retrain and enjoin any breach or threatened breach of the provisions of this Declaration, by mandatory injunction or otherwise; or (b) to commence or maintain actions and suits to recover damages for breach of any of the provisions of this Declaration. 8.25 Power to Grant Easements. The Association shall have the power to grant access, utility, drainage, water facility, and such other easements in, on, over, or under Association Properties as it deems necessary or desirable for the benefit of the Common Interest Community. The Association shall have the further power to designate portions of the Association Properties as limited common elements for the benefit of specific Lot owners. 8.26 Power to Convey and Dedicate Property to Governmental Agencies. The Association, with the approval of Members representing at least sixty-seven percent (67%) of the Owners entitled to vote (exclusive of the Declarant), shall have the power to grant, convey, dedicate, or transfer any Association Properties or facilities to any public, governmental or quasi -governmental agency or authority for such purposes and subject to such terms and conditions as the Association shall deem appropriate, subject to the provisions elsewhere contained in this Declaration for approval of the same by Declarant with respect to property transferred to the Association by Declarant. Further, to the extent that any easement or right-of-way is required under or across any Association Properties which would not impair or hinder the use thereof, the Association shall have the right to grant or convey the same without the consent of the Members. 8.27 Power to Borrow Money and Mortgage Property. The Association shall have the power to borrow money and, with the approval of Members representing at least sixty-seven percent (67%) of the Owners entitled to vote (exclusive of the Declarant), to encumber Association Properties as security for such borrowing, subject to provisions elsewhere contained in this Declaration with respect to required approvals and consents to such action. An Agreement to convey, or subject the Association Properties to a security interest in accordance with this Section and Section 8.24 above shall be evidenced by the execution of an agreement, or ratification thereof, in the same manner as a deed, by the requisite number of Owners. The agreement shall specify a date after which the agreement will be void unless Recorded before the date and shall be effective upon Recordation. Notwithstanding the foregoing, the Association, to the extent permitted by law, shall have the power to borrow money and to pledge existing and future receivables as security for such borrowing without the approval of the Members. Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 56 of 62 8.28 Power to Engage Employees, Agents, and Consultants. The Association shall have the power to hire and discharge employees and agents and to retain and pay for management, (e.g., management company), legal and accounting services as may be necessary or desirable in connection with the performance of any duties or the exercise of any powers of the Association under this Declaration. 8.29 General Corporate Powers. The Association shall have all of the ordinary powers and rights of a Colorado corporation formed under the Colorado Nonprofit Corporation Act, including, without limitation, entering into partnership and other agreements, subject only to such limitations upon such powers as may be set forth in this Declaration or in the Articles of Incorporation or Bylaws. The Association shall also have the power to do any and all lawful things which may be authorized, required, or permitted to be done under this Declaration or the Articles of Incorporation or Bylaws and to do and perform any and all acts which may be necessary or desirable for, or incidental to, the exercise of any of the express powers or rights of the Association under this Declaration and the Articles of Incorporation or Bylaws. 8.30 Power to Provide Association Functions. The Association shall have the power to acquire, construct, operate, manage, maintain, repair, and replace all necessary facilities and to provide Association Functions as defined in this Declaration. The Association may enter into such cooperative agreements and arrangements as it may deem necessary and appropriate with any provider of utilities or public services to Owners, including any special municipal or quasi -municipal districts created for the purpose of providing such services. 8.31 Power to Provide Special Services to Members. The Association shall have the power to provide services to a Member or group of Members. Any service or services to a Member or group of Members shall be provided pursuant to an agreement in writing, or through one or more Supplemental Declarations, which shall provide for payment to the Association by such Member or group of Members of the reasonably estimated costs and expenses of the Association of providing such services, including a fair share of the overhead expenses of the Association and shall contain reasonable provisions assuring that the obligation to pay for such services shall be binding upon any heirs, personal representatives, successors and assigns of the Member or group of Members and that the payment for such services shall be secured by a lien on the property of the Member or group of Members. 8.32 Power to Charge for Association Properties, Facilities and Services. The Association shall have the power to establish reasonable and uniformly applied charges for the use of Association Properties, facilities and services. The charges may include reasonable admission or other fees for any special or extraordinary use of Association Properties. 8.33 Power to Employ Managers. The Association shall have the power to retain and pay for the services of a manager or Managers, which may be an affiliate of Declarant, to undertake any of the management or Administrative Functions, or Association Functions for which the Association has responsibility under this Declaration to the extent deemed advisable by the Association, and may delegate any of its duties, powers, or functions to any such Manager. Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 57 of 62 Any contract or agreement with any such Manager shall be terminable by the Association for cause on no more than thirty (30) days prior written notice, and shall be terminable by the Association without cause and without payment of a termination fee on no more than ninety (90) days prior written notice. Any such contract or agreement shall be for a term of no more than one (1) year and may be subject to renewal for succeeding terms of no more than one (1) year each. Notwithstanding any delegation to a Manager of any duties, powers, or functions of the Association, the Association and its Board of Directors shall remain ultimately responsible for the performance and exercise of such duties, powers and functions. 8.34 Association as Attorney -In -Fact. Each and every Owner hereby irrevocably constitutes and appoints the Association as such Owner's true and lawful attorney-in-fact in such Owner's name, place, and stead for the purpose of dealing with the Common Interest Community upon its damage, destruction, condemnation, or obsolescence as provided below. In addition, the Association, or any insurance trustee or substitute insurance trustee designated by the Association, is hereby appointed as attorney-in-fact under this Declaration for the purpose of purchasing and maintaining insurance under this Article 8, including: the collection and appropriate disposition of the proceeds of such insurance; the negotiation of Losses and the execution of releases of liability; the execution of all documents; and the performance of all other acts necessary to accomplish such purpose. The Association, or any insurance trustee, shall hold or otherwise properly dispose of any insurance proceeds in trust for the Owners and their Mortgagees, as their interest may appear. Acceptance by any grantee of a deed or other instrument of conveyance from Declarant or from any Owner shall constitute appointments of the attorneys -in -fact as provided above. Notwithstanding any other provision of this Declaration to the contrary, the Association may exercise its authority as attorney-in-fact for any purpose permitted pursuant to this Declaration only if, in each and every instance where such exercise is so permitted, the Board of Directors approves the exercise of such authority by the affirmative vote of a majority of the voting directors. If the Board of Directors fails to so approve any exercise of authority as attorney-in-fact, the Association shall have such authority as it may have pursuant to the Act. As attorney-in-fact, the Association shall have full and complete authorization, right, and power, to make, execute, and deliver any contract, assignment, deed, waiver, or other instrument with respect to the interest of any Owner which may be necessary or appropriate to exercise the powers granted to the Association as attorney-in-fact. 8.35 Powers Provided by Law. In addition to the above -referenced powers, the Association shall have full power to take and perform any and all actions which may be lawfully taken by the Association under the Colorado Revised Nonprofit Corporation Act and the Colorado Common Interest Ownership Act. ARTICLE 9. ASSESSMENTS, BUDGETS AND FUNDS 9.1 Maintenance Funds to be Established. The Association may (but shall not be required to) establish and maintain the following separate Maintenance Funds: (a) an Administrative Functions Operating Fund; and (b) an Administrative Functions Reserve Fund. Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 58 of 62 The Maintenance Funds shall be established as one or more trust savings or trust checking accounts at any financial institution in which deposits are insured by an agency of the federal government. Notwithstanding anything else to the contrary contained herein, in no event shall the Association be required to apply any surplus funds of the Association remaining after payment of or provision for common expenses, or any prepayment of or provision for reserves, against any Members' future Common Assessment or return such surplus funds to the Members. 9.2 Establishment of Other Funds. The Association may establish other funds as and when needed. Nothing herein shall limit, preclude, or impair the authority of the Association to establish other funds for specified purposes authorized by this Declaration. If the Association establishes any additional funds, the Board shall designate an appropriate title for the fund to distinguish it from other funds maintained by the Association. 9.3 Deposit of Common Assessments to Maintenance Funds. If the Association establishes separate Maintenance Funds, monies received by the Association from Common Assessments shall be deposited in the Maintenance Funds in accordance with the following provisions: (a) there shall be deposited to the Administrative Functions Operating Fund that portion of the Common Assessments which, according to the Association Budget for the year, was budgeted for operating costs and expenses of the Administrative and Association Functions; and (b) there shall be deposited to the Administrative Functions Reserve Fund that portion of the Common Assessments which were budgeted for the Reserve Fund for Administrative and Association Functions. 9.4 Other Deposits to Maintenance Funds. If the Association establishes separate Maintenance Funds, the Association shall deposit monies received by the Association from sources other than Common Assessments in the Maintenance Fund determined by the Board of Directors to be most appropriate. For example, the Reimbursement Assessments shall be deposited to the Maintenance Fund from which the costs and expenses were or will be paid which form the basis for the Reimbursement Assessments; and Special Assessments for capital repairs, maintenance, replacements, and Improvements shall be deposited to the Reserve Fund from which such capital costs have been or will be paid. Interest and late charges received on account of delinquent assessments may be allocated among the Maintenance Funds in the same proportions as the delinquent assessments were allocated or, at the discretion of the Board of Directors, may be allocated to any one or more of the Maintenance Funds or other funds. 9.5 Disbursements from Maintenance Funds. All amounts deposited in the Maintenance Funds shall be used solely for the common benefit of all the Members for purposes authorized by this Declaration. Disbursements from particular Maintenance Funds shall be limited to specified purposes as follows: (a) disbursements from the Administrative Functions Operating Fund may be made for such purposes as are necessary or proper under this Declaration, except those purposes for which disbursements are to be made from other Maintenance Funds; and (b) disbursements from the Administrative Functions Reserve Fund shall be made solely for purposes of funding those administrative Functions which cannot be expected to recur on an annual or more frequent basis. Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 59 of 62 9.6 Authority for Disbursements. The Board shall have the authority to make or to authorize an agent to make disbursements of any monies in the Maintenance Fund. 9.7 Assessment Obligation. Declarant, for each Lot in the Common Interest Community, shall be deemed to covenant and agree, and each Owner, by acceptance of a deed therefor (including a public trustee's or sheriffs deed), whether or not it shall be so expressed in any such deed or other instrument of conveyance, shall be deemed to covenant and agree, to pay to the Association: (1) Common Assessments or charges, (2) Special Assessments, (3) Reimbursement Assessments, (4) Water Assessments, (5) Sewer Assessments, and (6) Irrigation Assessments, such assessments to be established and collected as hereinafter provided (collectively the "Assessments"). The Assessments, together with interest, late charges, costs, and reasonable attorneys fees, shall be a continuing lien and security interest upon the Lot against which each such Assessment is charged. The obligation for such payments by each Owner to the Association is an independent covenant, and with all amounts due from time to time payable in full without notice (except as otherwise expressly provided in this Declaration) or demand, and without set-off or deduction of any kind or nature. Each Owner is liable for assessments made against such Owner's Lot during his period of ownership of the Lot. Each Assessment, together with interest, late charges, costs and reasonable attorneys fees, shall also be the joint, several and personal obligation of each Person who was an Owner of such Lot at the time when the Assessment became due. Upon the transfer of title to a Lot, the transferor and the transferee shall be jointly, severally and personally liable for all unpaid Assessments and other charges due to the Association prior to the date of transfer, and the transferee shall be personally liable for all such Assessments and charges becoming due thereafter. 9.8 Common Assessments. For each calendar year, the Association may levy Common Assessments against Owners of the Lots based upon an annual. Budget prepared by the Board of Directors, for purposes of paying (i) the annual costs of operating and administering the Association and all other Common Expenses, (ii) the cost of services rendered or expenditures incurred by the Association to or for less than all Lots, which shall be assessed only to the Lots benefitted and then in accordance with the formula set forth in Section 2.3, (iii) reasonable reserves for contingencies, replacements, and other proper purposes, and (iv) such other matters as may be reasonably determined by the Board of Directors to be the subject of a Common Assessment. Each Owner shall be obligated to pay the Common Assessments levied against and allocated to such. Owner and the Lot of such Owner, as hereinafter provided. 9.9 Apportionment of Common Assessments. Each Lot's share of the Common Assessments shall be calculated in accordance with the formula set forth in Section 2.3 of this Declaration. If Lots have been combined pursuant to Section 3.22 hereof, each Lot so combined shall be counted separately in determining the amount of such Common Assessment and shall be assessed separately. 9.10 Funding of Reserve Funds. The Board, in budgeting and levying assessments, shall endeavor, whenever possible, to fund the Administrative Functions Reserve Fund by Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 60 of 62 regularly scheduled payments, included as part of the Common Assessments, rather than by large Special Assessments. Amounts in the Administrative Functions Reserve Fund may be used in the discretion of the Board of Directors, from time to time, for any purpose for which a Common or Special Assessment may be used. 9.11 Supplemental Common Assessments. Subject to the provision of Section 9.14 hereof, if the estimated sums prove inadequate for any reason, including nonpayment of any Owner's Common Assessment, the Board may, from time to time, levy a Supplemental Common Assessment for any of the Maintenance Funds. Such Supplemental Common Assessment shall be assessed against the Owner of each lot, in the same manner Common Assessments are originally assessed each year by the Board with respect to the particular Maintenance Fund. Written notice of any change in the amount of any annual Common Assessment shall be sent to every Owner subject thereto, not less than thirty (30) days prior to the effective date of such change. 9.12 Annual Budgets. The Board of Directors shall cause to be prepared, at least sixty (60) days prior to the commencement of each calendar year, a Budget for such calendar year, including a reasonable provision for contingencies and deposits into the Administrative Functions and Reserve Funds. The Budget shall show, in reasonable detail, the categories of expenses and the amount of expenses in each Maintenance Fund, and shall reflect any expected income of the Association for the coming calendar year and any expected surplus from the prior year and any existing surplus in any Reserve Fund. The budget may include an amount for contingencies and amounts deemed necessary or desirable for deposits to create, replenish, or add to the proper Reserve Fund for major capital repairs, replacements, and improvements for Association Properties. The Budget shall include a line item or category reflecting all annual expenses associated with the Conservation Easement. Within thirty (30) days after the adoption of any Budget; the Board shall cause a copy of the Budget to be distributed to each Member and shall set a date for a meeting of the Owners to consider ratification of the Budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Such meeting may be concurrent with the annual meeting of members as provided in the Bylaws. Unless at that meeting, a majority of all Owners vote to reject the Budget, the Budget shall be deemed ratified, whether or not a quorum is present. In the event the budget is rejected, the periodic Budget last ratified by the Owners must be continued until such time as the Owners ratify a subsequent Budget proposed by the Board. At such time as the Association publishes a newsletter for Members, the Budget shall be published in such newsletter. Copies of the Budget shall be made available by the Association to any Members requesting a copy of the same upon payment of the reasonable expense of copying the same. 9.13 Commencement of Common Assessments/Common Interest Communities. Common Assessments shall commence and be due and payable as to each Lot within the Common Interest Community six (6) months following the date of Recordation of the first Deed conveying a Lot within the Common Interest Community. The initial Common Assessments for the first calendar year that Common Assessments are levied shall be prorated on the basis of the number of days in such calendar year remaining from the date of commencement of such Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 61 of 62 Common Assessments to the end of such calendar year. 9.14 Payment of Assessment. Except for the initial Assessment, Common Assessments shall be due and payable in advance to the Association by the assessed Member on or before the first day of the second month of each calendar year, or in such other manner and on such other dates as the Board of Directors may designate in its sole and absolute discretion. Notice of the amount of the Common Assessments shall be given to each Member prior to January 1 of each year. 9,15 Failure to Fix Assessment. The failure by the Board of Directors to levy an Assessment for any year shall not be deemed a waiver or modification with respect to any of the provisions of this Declaration or a release of the liability of any Member to pay Assessments, or any installment thereof, for that or any subsequent year. No abatement of the Common Assessment or any other Assessment shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or Improvements to Association Properties or from any action taken to comply with any law or any determination of the Board of Directors or for any other reason_ 9.16 Special Assessments, In addition to Common Assessments, the Board of Directors may, subject to the provisions of this Section, levy Special Assessments for the purpose of raising funds not otherwise provided under the budget from Common Assessments to construct or reconstruct, repair, or replace capital Improvements upon Association Properties, including necessary personal property related thereto; to add to the Association Properties; to provide for necessary facilities and equipment to offer the services authorized in this Declaration; or to repay any loan made to the Association to enable it to perform the duties and functions authorized in this Declaration. The Board of Directors shall not levy Special Assessments without the vote of the Members representing at least a majority of the Owners of Lots subject to the Special Assessment who are entitled to vote. The Association shall notify Members in writing of the amount of any Special Assessment and of the manner in which, and the date on which, any such Special Assessment is payable and the Members shall pay any such Special Assessment in the manner so specified. Each Owner's Special Assessment liability shall be calculated in accordance with the formula set forth in Section 2.3. 9.17 Reimbursement Assessments. The Board of Directors may, subject to the provisions hereof, levy an Assessment against any member if the willful or negligent failure of the Member, or a Person claiming through the Member, to comply with this Declaration, the Articles of Incorporation, the bylaws, or the rules and Regulations, shall have resulted in the expenditure of funds by the Association to cause such compliance, including, but not limited to, court costs and attorneys' fees. Such Assessment shall be known as a Reimbursement Assessment and shall be levied only after Notice and Hearing. The amount of the Reimbursement Assessment shall be due and payable to the Association thirty (30) days after notice to the Member of the decision of the Board of Directors that the Reimbursement Assessment is owing. A Reimbursement Assessment may also be levied against a Member for the purpose of collecting fines or damages imposed against such Member as a result of such Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 62 of 62 Member's violation of any provision of the Conservation Easement. 9.18 Water Assessments. The Association shall levy Water Assessments against Owners of the Lots for the purpose of reimbursing the Association for service charges assessed to the Association for the Owners' use of the Water Association's domestic water system. In accordance with the Water Association bylaws, use of water by the individual homeowners and/or other water users shall be monitored by individual water meters installed on each residence and/or water using structure. The Association shall assess each Owner and any other water users for the amount of water delivered to the respective Lots or other structures as recorded by the individual water meters pursuant to the rates and regulations adopted by the Water Association, as further described in the Water Association bylaws, and shall assess each Owner an equal share of any administrative and other costs charged to the Association by the Water Association. 9.19 Irrigation Assessments. In the event the Board of Directors of the Association determines that the Irrigation System should be utilized for the supplemental irrigation of Lots in addition to the irrigation of Association Properties, and provisions governing such use of the Irrigation System are incorporated into the Rules and Regulations, the Association shall levy Irrigation Assessments against the Owners of the Lots utilizing the Irrigation System to compensate the Association for the use of such water. The Board of Directors shall determine the service charges and rate structure for use of the Irrigation System water and may utilize the Irrigation Assessments to offset a portion of the expenses associated with the Irrigation System that are otherwise assessed to the Members as Common Assessments. 9.20 Sewer Assessments. The Association shall levy Sewer Assessments against the Owners of the Lots for the purpose of paying the costs of operating, administering, maintaining and repairing the Wastewater Treatment Facility and for providing sewage treatment services, and shall also levy Sewer Assessments against each individual Lot Owner, when applicable, for the purpose of reimbursing the Association for costs incurred in the inspection, maintenance and pumping of the individual septic tanks located on each Lot. 9.21 Roaring Fork Conservancy Educational Site Contribution. Upon the initial sale and each subsequent resale of an improved or unimproved Lot or Unit within the Common Interest Community, or of an interest therein, to another Person (excluding gifts, transfers for estate planning purposes, and transfers by court order or by will or intestacy), the Lot or Unit purchaser shall be obligated to pay to the Association a Roaring Fork Conservancy Educational Site Contribution ("RFC Contribution") in the amount of .3 of 1% (.003) of the gross sales price. This requirement shall apply to Lot and Unit sales made by Declarant; provided, however, that transfers of unimproved Lots by the Declarant to an affiliate of the Declarant for the purposes of allowing the affiliate to construct improvements on such Lots, shall be exempt from the requirements of this paragraph. In addition, RFC Contributions shall not be required in connection with the sale of Lots or Units that are designated as Affordable Housing Units, or any other property that is transferred for a public purpose. Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 63 of 62 RFC Contributions received by the Association shall be turned over to the Roaring Fork Conservancy no less frequently than each calendar quarter and shall thereafter be administered and expended by the Roaring Fork Conservancy only in accordance with the terms and conditions of that certain agreement between the Roaring Fork Conservancy and the Declarant dated and recorded in the Garfield County records on as Reception No. . In no event shall RFC Contributions be used by the Roaring Fork Conservancy, directly or indirectly, to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office, nor shall any RFC Contribution be used by the Roaring Fork Conservancy to influence the decision of any public official on any matter then pending before such public official. If a RFC Contribution is not paid to the Association at the time of sale or transfer of a Lot or Unit as provided herein, the unpaid RFC Contribution shall bear interest at the rate of eighteen percent (18%) per annum from the date of sale or transfer until paid in full, shall constitute the personal obligation of the purchaser/Lot Owners, and shall be a lien and security interest on the title to the purchaser's Lot or Unit or on the Owner's Lot which may be foreclosed by the Association in the same manner as a mortgage on real property. The delinquent purchaser/Lot Owner shall also be responsible for costs and attorneys' fees incurred by the Association in collecting said unpaid RFC Contribution, whether by efforts short of collection action of foreclosure, a collection action in the courts and/or a foreclosure action. 9.22 Declarant's Obligation to Pay Assessments. Declarant shall be obligated to pay the Assessments (including installments thereof) on each Lot owned by it. 9.23 Late Charges and Interest. If any Assessment authorized by this Declaration, or any installment thereof, is not paid when due, the Member obligated to pay the Assessment may be required to pay a reasonable late charge to be determined by the Board. Any Assessment or installment of an Assessment which is not paid when due shall bear interest from the date said Assessment was due at the highest rate then established by statute in Colorado for interest on damages for personal injury or on judgments in other actions, whichever is higher, but in no event less than eighteen percent (18%) per annum simple interest. 9.24 Attribution of Payments. If any installment of a Common Assessment payment is less than the amount assessed and the payment does not specify the Maintenance Fund or Funds into which it should be deposited, the receipt by the Association from that Owner shall be credited in the following order of priority: (a) to the Administrative Functions Reserve Fund until that portion of the Common Assessment has been satisfied; and (b) to the Administrative Functions Operating Fund. In each of the foregoing cases, receipts shall be credited first to interest, attorneys' fees and other costs of collection, and next to principal reduction, satisfying the oldest obligations first, followed by more current obligations, in accordance with the foregoing order of priority. 9.25 Notice of Default. Except as otherwise provided herein, if any Assessment authorized by this Declaration, or any installment thereof is not paid within ten (10) days after its Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 64 of 62 due date, the Board of Directors may, but shall not be obligated to, mail a notice of default ("Notice of Default") to the Owner and to each first Mortgagee of the Lot who has requested a copy of the notice. The notice shall specify (a) the fact that the installment is delinquent; (b) the action required to cure the default; (c) a date, not less than thirty (30) days from the date the notice is mailed to the Member, by which such default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in (i) acceleration of the balance of the Assessment or the installments of the Assessment for the then current calendar year, if applicable, and (ii) the filing and foreclosure of the lien for the Assessment against the Lot of the Member. The notice shall further inform the Member of any right to cure the default and of any right to bring a court action to assert the nonexistence of a default or any other defense of the Member. If the delinquent Assessment and any late charges or interest thereon are not paid in full on or before the date specified in the notice, the Board, at its option, may declare all of the unpaid balance of the Assessment to be immediately due and payable without further demand, if applicable, and may enforce the collection of the Assessment and all charges and interest thereon in any manner authorized by law in this Declaration, subject to the protection afforded to Mortgagees under this Declaration. 9.26 Remedies to Enforce Assessments. Each Assessment levied hereunder shall be a separate, distinct, and personal debt and obligation of the Owner or Member against whom the same is assessed. In the event of a default in payment of any Assessment authorized by this Declaration or installment thereof, the Board may, in addition to any other remedies provided under this Declaration or by law, enforce such obligation on behalf of the Association, by suit or by filing and foreclosure ofa lien as hereinafter provided. 9.27 Lawsuit to Enforce Assessments. The Board may bring a suit at law to enforce any Assessment obligation. Any judgment rendered in such action shall include any late charges, interest, and other costs of enforcement, including reasonable attorneys' fees in the amount as the court may adjudge, against the defaulting Owner or Member. 9.28 Successor's Liability for Assessments. Notwithstanding the personal obligation of each Owner ofa Lot to pay all Assessments on the Lot, and not withstanding the Association's perpetual lien upon a Lot for such Assessments, all successors in interest to the fee simple title of a Lot shall be jointly and severally liable with the prior Owner of the Lot for any and all unpaid Assessments, interest, late charges, costs, expenses, and attorneys fees against such Lot, without prejudice to any such successor's right to recover from any prior Owner any amounts paid thereon by such successor. However, such successor in interest shall be entitled to rely upon the existence and status of unpaid Assessments, interest, late charges, costs, expenses, and attorneys fees as shown upon any certificate issued by or on behalf of the Association to such named successor in interest pursuant to the provisions of Section 9.30 below. 9.29 Lien to Enforce Assessments. Pursuant to and in accordance with the Act, the Association shall have a statutory lien on a Lot for any Assessment levied against that Lot, or fines imposed against its Owner, from the time the Assessment or fine becomes due. All fees, charges, late charges, attorneys' fees, fines and interest outstanding from such Owner shall be Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 65 of 62 included in such lien. The amount of the lien shall include all such items from the time such items become due. If an Assessment is payable in installments, the Association has an Assessment lien for each installment from the time it becomes due, including the due date set by the Board of Directors' acceleration of installment obligations. The lien created hereby and under the Act shall be prior to any declaration of homestead rights recorded after the time that the Lot becomes a part of the Common Interest Community and shall have the priority attached to such lien under the Act and under Colorado law. The Recording of this Declaration constitutes record notice and perfection of the statutory lien. No further recordation of any claim of lien for Assessments is required; however, a claim may be recorded at the Association's option, in which event costs and attorneys' fees incurred in connection with the preparation and filing of such claim shall be assessed against the Lot as a Reimbursement Assessment. The lien shall continue until the amounts secured thereby and all subsequently accruing amounts are fully paid or otherwise satisfied. Unless paid or otherwise satisfied, the lien may be foreclosed in the manner for foreclosure of mortgages in the State of Colorado or in any other manner provided under Colorado law. An Assessment lien is extinguished unless proceedings to enforce the lien are instituted within six (6) years after the full amount of Assessments becomes due. 930 Estoppel Certificates. Upon the written request of any Member and any Person with, or intending to acquire, any right, title, or interest in the Lot of such Member, the Association shall furnish a written statement setting forth the amount of any Assessments or other amounts, if any, due and accrued and then unpaid with respect to a Lot and the Owner thereof, and setting forth the amount of any Assessment levied against such Lot which is not yet due and payable. Such statement shall, with respect to the Person to whom it is issued, be conclusive against the Association and all Persons for all purposes, that no greater or other amounts were then due or accrued and unpaid and that no other Assessments have been levied. The Association shall have the right from time to time to establish a reasonable administrative charge for the issuance of such statements. Unless a written certificate of status of Assessments is delivered as described above within a fourteen (14) business day period, the Association shall have no right to assert a priority lien upon the Lot over the inquiring party's interest for unpaid Assessments which were due as of the date of the written request. 9.31 Assessments for Tort Liability. In the event of any tort liability against the Association which is not covered completely by insurance, each Owner shall contribute for the payment of such liability as a Special Assessment. The Association may, however, require a larger contribution from fewer than all Owners under any legal or equitable principles regarding liability for negligent or willful acts or omissions. 9.32 No Offsets. All Assessments shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be permitted for any reason including, without limitation, any claim that the Association or the Board of Directors is not properly exercising its duties and powers under this Declaration. 9.33 Liens. Except for Assessment liens as provided in this Declaration, mechanics liens, tax liens, and judgment liens and other liens valuably arising by operation of law and liens Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 66 of 62 arising under Mortgages, there shall be no other liens obtainable against the Common Areas or against the interest of any Lot in the Common Areas. ARTICLE 10. SPECIAL PROVISIONS 10.1 Air Quality Restrictions. In order to protect against the degradation which occurs to air quality as a result of the utilization of wood -burning devices, the following restrictions are imposed: 10.1.1 No open hearth solid fuel fireplaces will be allowed anywhere within any new dwelling units located within the Common Interest Community. 10.1.2 All dwelling units within the Common Interest Community will be allowed an unrestricted number of natural gas burning fireplaces or appliances. 10.1.3 All dwelling units within the Common Interest Community will be allowed one (1) new wood -burning stove as defined by C.R.. 25-7-401 et. seq. and all the regulations promulgated thereunder. 10.1.4 The foregoing air quality instructions shall be included as plat notes on all Final Plats of the Property. 10.2 Duration and Enforceability. The restrictions set forth in this Article 10 shall constitute covenants running with the Common Interest Community and shall be binding upon Declarant and the Owners and all other persons and parties claiming through the Declarant or Owners and shall be for the benefit of and limitations upon all future Owners of the Property. Notwithstanding any other provision of this Declaration, all use restrictions set forth in this Article 10 may be set forth in individual deeds to Lots and shall be enforceable in perpetuity and shall not be amended or terminated by action of the Owners or Declarant nor by any provision for termination of this Declaration. The restrictions of these special environmental use restrictions shall be enforceable in any and all manners provided in this Declaration by any Owners, by Declarant, or by any County, State or Federal agency charged with preservation of the affected areas. Any such enforcement action shall entitle the enforcing party to recovery of damages equal to the cost of restoration of the Property, but not less than One Thousand Dollars ($1,000) and such enforcing party shall be entitled to an award of its reasonable attorney fees and costs of enforcement, including but not limited to, court costs, expert witness fees, and cost of depositions and exhibits. ARTICLE 11. MISCELLANEOUS 11.1 Term of Declaration. Unless amended as herein provided, and except for those provisions set forth in Article 10 hereof, each provision contained in this Declaration shall Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 67 of 62 continue and remain in full force and effect until December 31, 2060, and thereafter shall be automatically extended for successive periods of ten (10) years each unless terminated by the affirmative vote, and written ballot, of Members holding at least seventy-five percent (75%) of the membership of the Association. In the event this Declaration is terminated, the termination of this Declaration shall be evidenced by a termination agreement ("Termination Agreement"), or ratification thereof, executed by the requisite number of Owners. The Termination Agreement shall specify a date after which the Termination Agreement will be void unless Recorded before such date. The Termination Agreement shall be Recorded and the termination of this Declaration shall be effective upon such Recording. 11.2 Declarant's Rights Regarding Transfer. Any right or interest reserved or contained in this Declaration for the benefit of Declarant may be transferred or assigned by Declarant, either separately or with one or more other such rights or interest, to any person, corporation, partnership, association, or other entity by written instrument executed by both Declarant and the transferee or assignee and recorded in the Office of the Clerk and Recorder of Garfield County, Colorado. 11.3 Amendment of Declaration by Declarant. Until the first Lot subject to this Declaration has been conveyed by Declarant by a Recorded deed, any of the provisions, covenants, conditions, restrictions, and equitable servitudes contained in this Declaration may be amended or terminated by Declarant by the Recordation of a written instrument, executed by Declarant, setting forth such amendment or termination; provided, however, that no provision hereof regarding the Conservation Easement shall be amended without the prior written approval of the Roaring Fork Conservancy. After the conveyance of the first Lot, the Declarant may not amend the provisions, covenants, conditions, restrictions and equitable servitudes contained in this Declaration without the consent of the Members as provided in Section 11.4 unless such amendment is made in accordance with the Act. 11.4 Amendment of Declaration by Members. Except as otherwise provided in this Declaration, including Section 6.1, and subject to provisions elsewhere contained in this Declaration requiring the consent of Declarant or others, any provision, covenant, condition, restriction, or equitable servitude contained in this Declaration may be amended or repealed at any time and from time to time upon approval of the amendment or repeal by Members of the Association holding at least fifty-one percent (51%) of the Members; provided, however, that no provision hereof regarding the Conservation Easement shall be amended without the prior written approval of the Roaring Fork Conservancy. The approval of any such amendment or repeal shall be evidenced by the certification by the Members to the Board of Directors of the Association of the votes of Members. The amendment or repeal shall be effective upon the Recordation of a certificate, executed by the President or a Vice President and the Secretary or an Assistant Secretary of the Association setting forth the amendment or repeal in full and certifying that the amendment or repeal has been approved by the Members. Any Amendment to the Declaration made hereunder shall be effective only when Recorded. All amendments hereto shall be indexed in the grantee's index in the name of Declarant and the Association and in the Grantor's index in the name of each Person executing the amendment. Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 68 of 62 11.5 Amendment of Articles and Bylaws. The Articles of Incorporation and Bylaws may be amended in accordance with the provisions set forth in such instruments or, in the absence of such provisions, in accordance with applicable provisions of the Colorado Nonprofit Corporation Act. 1 L6 Alternative Dispute Resolution. Except as may otherwise be provided herein and alter exercising all rights and remedies provided hereunder or under the Bylaws, any claim, controversy, or dispute over any Assessment authorized by this Declaration, or any decision of the Design Review Committee, or any other matters as the Association and the affected party may agree, shall be resolved by binding arbitration in accordance with the Colorado Arbitration Act. The parties to such dispute shall agree upon a single arbitrator who shall be an experienced operator or manager of a Planned Community. In the event the parties are unable to agree upon an arbitrator within sixty (60) days after written notice, the presiding Judge of the District Court of the County shall appoint an arbitrator qualified as set forth herein upon application by a party. Judgment upon the determination of the arbitrator shall be entered by the District Court for the County. Any and all discovery conducted in conjunction with such arbitration shall be in accordance with the limited discovery provisions of the Colorado Rules of Civil Procedure. 11.7 Special Rights of First Mortgagees. Any First Mortgagee (meaning a Mortgage with first priority over other Mortgages) of a Mortgage encumbering any Lot in the Common Interest Community, upon fling a written request therefor with the Association, shall be entitled to (a) written notice from the Association of any default by the Mortgagor of such Lot in the performance of the Mortgagor's obligations under this Declaration, the Articles of Incorporation, the Bylaws, or the Rules and Regulations, which default is not cured within sixty (60) days after the Association learns of such default; (b) examine the books and records of the Association during normal business hours; (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; (f) receive thirty (30) days' written notice prior to the effective date of any proposed material amendment to this Declaration, the Articles of Incorporation, or the Bylaws; and (g) 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) 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. 11.8 Priority of First Mortgage Over Assessments. Except as may otherwise be provided by the Act, each First Mortgagee of a Mortgage encumbering a Lot who obtains title to such Lot pursuant to the remedies provided in the Mortgage, by judicial foreclosure, or by deed or assignment in lieu of foreclosure shall take title to the Lot free and clear of any claims for unpaid Assessments or charges against such Lot which accrued prior to the time such holder acquires title to such Lot. Nothing herein relieves such First Mortgagee from responsibility for subsequent Assessments or charges against such Lot after such time the holder acquires title to Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 69 of 62 such Lot. 11.9 First Mortgage Right to Pay Taxes and Insurance Premiums. Any such First Mortgagee or any such First Mortgagees, jointly or singly, shall be entitled to pay any taxes or other charges which are in default and which may or have become a charge against any of the Association Properties and may pay any overdue premiums on hazard insurance policies for any Association Properties, and the First Mortgagees making such payments shall be entitled to immediate reimbursement therefor from the Association. 11.10 Association Right to Mortgage Information. Each Owner hereby authorizes any First Mortgagee holding a Mortgage on such Owner's Lot to furnish information to the Association concerning the status of such First Mortgage and the loan which it secures. 11.11 Notices. Any notice permitted or required to be given under this Declaration shall be in writing and may be given either personally or by mail, telephone, or telegraph. If served by mail, each notice shall be sent postage prepaid, addressed to any Person at the address given by such Person to the Association for the purpose of service of such notice, or to the Lot of such Person if no address has been given to the Association and shall be deemed given, if not actually received earlier, at 5:00 p.m. on the second business day after it is deposited in a regular depository of the United States Postal Service. Such address may be changed from time to time by notice in writing to the Association. 11.12 Persons Entitled to Enforce Declaration. The Association, acting by authority of the Board, and any Member of the Association entitled to vote (as more fully provided herein) shall have the right to enforce any or all of the provisions, covenants, conditions, restrictions, and equitable servitudes contained in this Declaration against any property within the Common Interest Community and the Owner thereof. Notwithstanding the foregoing, prior to the enforcement of the terms and provisions of this Declaration by any Member, such Member shall provide the Association with 30 days prior written notice of such member's intention to do so. Such notice will state such Member's claim for enforcement under the Declaration. In the event the Association fails to initiate action on such Member's claim for enforcement within 30 days of the Association's receipt of such notice, such Member shall be entitled to proceed with the enforcement within 30 days of the Association's receipt of such notice, such Member shall be entitled to proceed with the enforcement of such claim individually. The rights of enforcement provided herein shall include the right to levy fines andlor penalties as the Board may reasonably determine andlor bring an action for damages as well as an action to enjoin any violation of any provision of this Declaration. 11.13 Violations_ Constitute a Nuisance. Any violation of any provision, covenant, condition, restriction, and equitable servitude contained in this Declaration, whether by act or omission, is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action, by any Person entitled to enforce the provisions of this Declaration. Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 70 of 62 11.14 Enforcement of Self -Help. Declarant or the Association, or any authorized agent of either of them, may enforce, by self-help, any of the provisions, covenants, conditions, restrictions and equitable servitudes contained in this Declaration, provided such self-help is preceded by Notice and Hearing as set forth in the Bylaws. 11.I5 Violations of Law. Any violation of any federal, state, municipal, or local law, ordinance, rule or regulation, pertaining to the ownership, occupation, or use of any property within the Common Interest Community is hereby declared to be a violation of this Declaration and shall be subject to any and all enforcement procedures set forth in this Declaration. 11.16 Remedies Cumulative. Each remedy provided under this Declaration is cumulative and not exclusive. 11.17 Costs and Attorneys' Fees. In any action or proceeding under this Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith including reasonable attorneys' fees. 11.18 Limitation on Liability. The Association, the Board of Directors, the Design Review Committee, Declarant, and any Member, agent, or employee of any of the same shall not be liable to any Person for any action or for any failure to act if the action or failure to act was in good faith and without malice. 11.19 No Representations or Warranties. No representations or warranties of any kind, express or implied, shall be deemed to have been given or made by Declarant or its agents or employees in connection with any portion of the Common Interest Community, or any Improvement thereon, its or their physical condition, zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof, unless and except as shall be specifically set forth in writing herein, in any purchase agreement executed by Declarant, or in any closing document related thereto. 11.20 Liberal Interpretation. The provisions of this Declaration shall be liberally construed as a whole to effectuate the purpose of this Declaration. 11.21 Governing Law. This Declaration shall be construed and governed under the laws of the State of Colorado. 11.22 Conflict of Provisions. a. In the event of any conflict or inconsistency between the provisions of this Declaration and the Plat, the provisions of the Plat shall govern and control and the Declaration shall automatically be amended, but only to the extent necessary to conform the conflicting provisions hereof with the provisions of the Plat. Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 71 of 62 b. In the event of any conflict or inconsistency between this Declaration and the Articles and Bylaws of the Association, this Declaration shall control. In the event of any conflict or inconsistency between the Articles and the Bylaws of the Association, the Articles shall control. 11.23 Colorado Common Interest Ownership Act. In the event that any of the terms and conditions of this Declaration are in conflict or inconsistent with the terms and conditions of the Colorado Common Interest Ownership Act, the terms and conditions of the Act shall control. All terms and provisions contained herein, to the extent possible, shall be construed in accordance with the terms and provisions of the Act. 11.24 Nonwaiver. Failure by Declarant, the Association or any Owner or First Mortgagee to enforce any covenant, condition, restriction, easement, reservation, right-of-way, or other provision contained in this Declaration shall in no way or event be deemed to be a waiver of the right to do so thereafter. 11.25 Severability. Each of the provisions of this Declaration shall be deemed independent and severable, and the invalidity or unenforceability or partial validity or partial enforceability of the provisions or portion thereof shall not affect the validity or enforceability of any other provision 11.26 Number and Gender. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular, and the masculine, feminine, or neuter genders shall each include the masculine, feminine, and neuter genders. 11.27 Captions for Convenience. The titles, headings, and captions used in this Declaration are intended solely for convenience of reference and shall not be considered in construing any of the provisions of this Declaration. 11.28 Exhibits. All the Exhibits attached to and described in this Declaration are incorporated in this Declaration by this reference. 11.29 Mergers or Consolidations. Upon a merger or consolidation of the Association with another association, its properties, rights, and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights, and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving consolidated association may administer and enforce the covenants, conditions and restrictions established by this Declaration governing the Property, together with the covenants and restrictions established upon any other property, as one plan. 11.30 Disclaimer Regarding Safety. DECLARANT AND THE ASSOCIATION HEREBY DISCLAIM ANY OBLIGATION REGARDING THE SECURITY OF ANY PERSONS OR PROPERTY WITHIN THE COMMON INTEREST COMMUNITY. ANY Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 72 of 62 OWNER OF PROPERTY w1THIN THE COMMON INTEREST COMMUrNTI'Y ACKNOWLEDGES THAT DECLARANT AND THE ASSOCIATION ARE ONLY *OBLIGATED TO DO THOSE ACTS SPECIFICALLY' ENUMERATED HEREIN, OR IN THE ARTICLES OF INCORPORATION AND BYLAWS, AND IS NOT OBLIGATED TO DO ANY OTHER ACTS WITH RESPECT TO THE SAFETY OR PROTECTION OF PERSONS OR PROPERTY WITHIN THE COMMON INTEREST COMMUNITY. IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year first above written. BLUE CREEK LAND HOLDINGS, L.L.C., a Colorado limited liability company By: Lane Industries, Inc., a Delaware corporation, Manager By: Name: Title: STATE OF } ) SS. COUNTY OF The foregoing instrument was acknowledged before me this day of , 200 , by as for Blue Creek Land Holdings, L.G.C., a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: Notary Public Declaration of Covenants Conditions and Restrictions for Blue Creek Ranch PUD Page 73 of 62 EXHIBIT A [Insert Legal Description of Common Interest Community] EXHIBIT l3 Allocated Interests Blue Creek Ranch Lots Common Expense Liability Vote Lots 1 through 39, inclusive Each Lot: 1/43 Each Lot: 1 vote Lots 40 through 48, inclusive Each Lot: (1/3)/43 Each Lot: 1 vote Total Common Expense Total Lots: 48 Liability = 43/43 Total Votes: 48 EXHIBIT C [Insert Legal Description of Conservation Area] EXHIBIT D [Insert Legal Description of Annexable Property] P.Q. Dox 1908 1005 Cooper Ave. I Glenwood Springs, CO $1602 Z4NC4NELL4 4Nf3 4550C14TES, ENGINEEIIING CONS -MUM TS January 24. 2002 Mr. Mark Bean Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Blue Creek Ranch Subdivision Water Supply Dear Mark: (970) 945-5700 (970) 945-1253 Fax This report presents the findings of the water supply investigations performed by Zancanella and Associates, inc. for the proposed Blue Creek Ranch Subdivision (Blue Creek). Blue Creek and Aspen Equestrian Estates (AEE) have recently signed a Water Service Agreement to share domestic water service from wells and related facilities on the AEE property. This report is presented to document the construction and testing of the Arabian Well, an additional well on the AEE property, and to show that the Arabian Well and previously constructed Appaloosa Well will be adequate to serve both properties. For your reference we have attached a copy of the original pump test report for the Appaloosa Well. Figure 1 shows the location of the two properties and the approximate locations of the wells. Information contained in this report covers estimated future domestic water uses for the two properties, the legal supply, the Arabian Well pump test report and water quality. Water Requirements Table 1, attached, presents the diversions and consumptive use for Blue Creek. We have assumed that each EQR will represent 3.5 people using 100 gallons of water per person per day. We have also included a total of 20 livestock units in the water service plan. For our calculation we have assumed that water will be diverted to irrigate up to 2500 square feet of lawn or other equivalent outside uses for each EQR. We have also included 1.90 acres of pond evaporation from the proposed ponds on Blue Creek Ranch. Annual diversions will be 34.5 acre feet. Consumptive use is calculated to be 12.6 acre feet. Table 2 shows the diversions and consumptive use for AEE. Similar assumptions have been used to calculate its diversions at 36.9 acre feet and its consumptive use at 9.3 acre feet. The combined systems for AEE and Blue Creek are expected to have annual diversions and consumptive use of 71.4 acre feet and 21.9 acre feet, respectively. Average flows during June, the highest month for water use, for the AEE and Blue Creek are 36.4 and 34.5 gallons per minute (gpm), respectively. These two flow rates, when. added together, total 70.9 gpm demand for both systems. APPENDIX 10 Legal Supply The owners of AEE and Blue Creek have worked out a "Water Supply and Connection Agreement" for the properties to share the wells and treatment plant located on AEE property. Two wells are to supply the combined Blue Creek and AEE potable water system. The Appaloosa and Arabian Wells (Well Permit Nos. 053322-F and 053323-F, respectively, copies attached) have both been drilled and tested. The Appaloosa Well is currently supplying the AEE domestic water system. The Arabian Well was recently drilled and tested, but has not been connected to the system. The AEE water rights are covered by Basalt Water Conservancy District Contract #343. Blue Creek is applying for well permits on the same Appaloosa and Arabian Wells (permit applications attached) to establish their legal right to receive water from these wells. Permit applications (attached) are also being filed for the Snipe and Goose Wells to provide additional sources, should additional capacity be required in the future. Blue Creek water rights are covered under Basalt Water Conservancy Contract #383.(copy attached). All of the wells are located within Area A of the Basalt District and are covered by the Basalt District's temporary exchange plan approved by the Office of the State Engineer and Garfield county. Physical Supply The Arabian Well has been drilled to provide backup and mechanical redundancy to the combined AEE / Blue Creek water system. The Arabian was drilled by Shelton Drilling Corporation and was completed on November 29, 2001 at a total depth of 42 feet. A copy of the Well Construction and Test Report from Shelton Drilling is attached. We have also attached a graphical representation of the well construction as Figure 2. The permitted location of the Arabian Well is in the SE 114 of the NW 1/4 of Section 31, Township 7 South, Range 87 West of the 6th P.M. The Arabian Well can be plotted 1748 feet from north section line and 1757 feet from the west section line_ A pump test of the Arabian Well was conducted on December 13 and 14, 2001 by Samuelson Pump Company utilizing the 5 horsepower electric submersible pump and line power. The well was pumped at a continuous rate of 110 gallons per minute (gpm) throughout the test. The well was pumped continuously for a 24 1/2 hour period at the 110 gpm rate. The drawdown and time data collected during the test are presented in Table 3. We have plotted the results of the test in a drawdown vs. time curve as shown on the attached Figure 3. The maximum drawdown during the 24-hour test was approximately 8.2 feet. The well stabilized within approximately twenty minutes of the start of the test and remained at about the same level throughout the pumping period. Projecting the drawdown rate, the well would be able to pump continuously at the 110 gpm rate. Recovery data for the well following the pump test were collected fora ninety minute period after the pumping stopped. The water level in the well was checked again the following day. The recovery data are also summarized in Table 3. The recovery plotted as residual drawdown is shown in Figure 4. Based on the residual drawdown curve, the well displayed normal recovery characteristics. The Appaloosa Well was pump tested in September of 1999 at a sustained rate of 100 gpm and is currently supplying the domestic water system for AEE. The Appaloosa Well and related water supply system, which includes a 200,000 gallon storage tank and fire 2 flow capabilities, have undergone all the necessary testing and have been approved by the Colorado Department of Public Health and Environment. As discussed above, the combined average flow demands for both AEE and Blue Creek have been calculated to be 70.9 gpm during the peak month of June. Therefore either well would be adequate to supply the combined systems. The Appaloosa and Arabian Wells together will provide excess capacity and mechanical redundancy. Two other wells, the Snipe and Goose Wells on the Blue Creek property, are in the process of being permitted, should the combined systems require additional capacity or an alternate source in the future. Water Quality Water samples were collected during the pump test of the Arabian Well and were sent to Evergreen Laboratories in Wheat Ridge, Colorado for independent analyses. The lab tests include analyses for Inorganic Chemicals (IOCs), Volatile Organic Chemicals (VOCs), Synthetic Organic Chemicals (SOCs), radiological properties (gross alpha and beta), bacteria, and various physical properties of the water. Adams Laboratory completed the bacteria test for Evergreen Laboratories. Since the well screen is at a depth of less than 100 feet, a microscopic particulate analysis (MPA) sample was also taken. The MPA filter was sent to MicroSearch, Inc.. in Grand Junction, Colorado for analysis. The lab results, attached, for the IOCs, VOCs, SOCs, nitrates/nitrites, and radiological properties are all well below the maximum contaminant levels (MCLS) as established by the Colorado Department of Public Health and Environment for community water systems. The MPA showed a low risk level. The bacteria test indicated that coliform bacteria were absent from the sample. In short, the tests demonstrate that the Arabian Well at this time is a safe source for drinking water. If you have any questions, please call our office at (970) 945-5700. Very truly yours, Zancanella and Associates, Inc. Thomas A. Zancanella, P.E. Bradley C. PeC, Geologist Attachments cc: Rob Cumming Scott Miller Jay Weinberg Z:\20000\20729 Blue Creek Ranch\Bean-Watersupply3.wpd 3 It1=1 mar wis mis mit INK WM MD am imp woe am aras I c A ro piReoND4LE 11' t. • • • _ ASPEN EQUISTRIAN ESTATES Hlity 82 Cattier' PINTO r ARABIAN WELL WELL T7S R87W 0 1 0 e2wE WE L APPALOOSA dt WELL SNIPE Vitirl_ RE • i PLANT & TA NT - RALPH:8 WELL #2 44.4101*-74.*:•:;:4- 6, A WELL LOCATION MAP EN 0 SCALE: DATE: 300 1 DEC 14. 2001 DRAWN BY: ICHXD BY: APPD BY: OM( Mill 1 Of 1 DRAWING: ..111eure.,,,r9 0 1 BLUE CREEK RANCH BLUE CREEK RANCH ZANCANELL ANO ASSOC/4 TES INC ENOINICP/NO CONSUL TANTS Pos7 CliTCE fiLa 1 - !DV. mown Aigs•lit G.fM1� PRIN. s.00 16O ryMI 045-5300 iCURE NO. 1 PROJECT: 7n7,0 um or um. AN or smr eili coil ow am me WM MI XIII NM MI IIIIIt of Residential EQRs 50.0 EQRs persons/EQR. # gallons/person/day Percent Consumed Lawn Irrigation Application Efficiency Crop Irrig regmnt (CIR) 3.5 cap/EQR 100 gpcd 5% 2500 sq-FIJEQR 70% 1.99 ft Table 1 Blue Creek Ranch Estimated Water Requirements Water Use inputs COMMOOCIat DeMancls of Commercial EQRs 2.0 EQRs # persons/EQR # gallonsiperson/day Percent Consumed Lawn Irrigation Application Efficiency Crop lrrig regmnt (CIR) 3.5 capfEQR 100 gpcd 5% 2500 sq-fUEQR 70% 199 ft Other Demands Pond Surface Area 1.90 acres Annual Net Evaporation Livestock Livestock Consumption Irrigated Open Space Application Efficiency Crop Img reqmnt (CIR) 2.77 ft 20.00 units 15.00 gpud 0.00 acres 70% 1.99 Ft Water Use Calculations Diversion Requirements (1) (2) (3) (4) Domestic Commercial DomlComm Pond Month , In-house In-house Irrigation Evaporation (ac -ft) (ac -ft) (ac -ft) (ac -ft) January February March April May June July August September October November December Annual 1,665 1.504 1.665 1.611 1 665 1.611 1:665 1.665 1.611 1 665 1.611 1.665 (5) (6) (7) (8) Live- Average Domestic stock Total Flow I In-house (ac -ft) (ac -ft) (gpm) (ac -ft) 0.07 0.06 0.07 0.06 0.07 0.06 0.07 0.07 0.06 0.07 0.06 0.07 19.600 0.78 Consumptive Use (9) (10) (11) (12) (13) Commercial Dom\Comm In-house Irrigation (ac -ft) (ac -ft) Pond Live - Evaporation stock (ac -ft) (ac -ft) Total (ac -ft) (14) Average Flew (gpm) 0.00 0.05 0.029 1.81 13.2 0.083 0.00 0.00 0.13 0.026 1.72 13.9 0.075 0.00 0.00 0.24 0.029 2.00 14.6 0.083 0 00 0.27 0.47 0.028 2.44 18.4 0.081 0.00 1.61 0.69 0.029 4.06 29.6 0.083 0.00 2.04 0.89 0.028 4.63 34.9 0.081 0.00 1.93 0.92 0.029 4,61 33.7 0.083 0.00 125 0.82 0.029 3.83 28.0 0.083 0.00 1.06 0.53 0.028 3.29 24.8 0.081 0.00 0.34 0.31 0.029 2.41 17.6 0.083 0.00 0.00 0.15 0.028 1.86 14.0 0.081 0.00 0.00 0.05 0.029 1.81 13.2 0.083 0.00 8.50 5.26 0.34 34.48 21.33 1 0.98 0.00 0.05 0.029 0.17 1.2 0.00 013 0.026 0.23 1.9 0.00 0.24 0.029 0.35 2.6 0.19 0.47 0.028 0.77 5.8 1.13 0.69 0.029 1.93 14.1 1.43 0.89 0.028 2.43 18.3 1.35 0.92 0.029 2.39 17.4 0.88 0.82 0.029 1.81 13.2 0.74 0.53 0.028 1.38 10.4 0.24 0,31 0.029 0.66 4.8 0.00 0.15 0.028 0.26 2.0 0.00 0.05 0.029 0.17 1.2 0.04 5.95 5.26 0.34 12.56 7.75 Zancanefa & Associates. inc. Water Resources Engineers Glenwood Springs, CO Units 9 Single Family Affordable Units 37 Single Family Freemarket Units 2 Single Family Large Lots 10,000 Sq Ft Commercial Total 0.80 1.05 2.00 EQR/Unit EQRIUnit EQRIUnit Total EQRs 7.20 38.85 4.00 1.95 52.00 12120101 Zancanella & Associates, Inc. EQR btuecreek4.123 U MI OM O !r mit llllllll g MI M Nut a - - n 13t7rrtestie Demands 11"-# of Residential EQRs 59.4 EQRs I # persons/EQR l i # gallons/person/day 11 Percent Consumed Lawn Irrigation Application Efficiency 1 Crop brig regrnnt (CIR) 3.5 cap/EQR 100 gpcd 5% 2500 sq-fiJEQR 70% 1.99 ft Table 2 Aspen Equestrian Estates Estimated Water Requirements Water Use Inputs Commercial Demands # of Commercial EQRs 5 2 EQRs # personslEQR 3.5 cap/EQR # gallons/person/day 100 gpcd Percent Consumed 5% Lawn Irrigation 2500 sq-ft/EOR Application Efficiency 70% Crop ling reqmnt (CIR) 1.99 ft Other Demands PPond Surface Area 0.00 !Annual Net Evaporation 3,00 Livestock Livestock Consumption Imgated Open Space Application Efficiency Crop irrig reqmnt (CIR) acres l ft 30.00 units 15.00 gpud 0.00 acres 70% 1.99 ft Water Use Calculations Month January February March April May June July August. September October November December Annual DEvert OrI 6)10tremdnf$:. (1) (2) (3) (4) Domestic Commercial Dom1Comm Open Space In-house In-house Irrigation Irrigation (ac -ft) (ac -ft) (ac ft) (ac -ft) 1.978 1.786 1.978 1.914 1.978 1.914 1.978 1.978 1.914 1.978 1.914 1.978 23.284 0.17 0.16 0.17 0.17 0.17 0.17 0.17 0.17 0.17 0.17 0.17 0.17 0.00 0.00 0.00 0.33 2.00 2.53 2.40 1.56 1.32 0,42 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.04 10.56 0.00 (5) (6) (7) • (8) Live- Average, Domestic stock Total Flow In-house (ac -ft) (ac -ft) (9pm) (ac-tt) Casrsurr ptive L(5o i (3) (10) (11) (12) (13) (14) Average 1 In-house Irrigation Irrigation stock Total Flow (ac -ft) (ac -ft) (ac -ft) (ac -ft) (ac -ft) (gpm) Commercial Dom(Comm Open Space Live - 0.043 0.039 0.043 0.041 0.043 0.041 0.043 0.043 0.041 0.043 0.041 0.043 0.50 2.19 1.98 2.19 2.45 4.20 4.65 4.59 3,75 3.44 2,62 2.12 2.19 16.0 16.0 16.0 18.5 30.6 35.1 33.5 27.4 26.0 19.1 16.0 16.0 36.39 22.52 0.099 0.089 0.099 0.096 0.099 0.096 0.099 0.099 0.096 0,099 0.096 0,099 1.16 0.01 0,01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.10 0.00 0.00 0.00 0.23 1.40 1.77 1.68 1.09 0.92 0.30 0.00 0.00 7.39 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.04 0.00 0.50 0.15 0.14 0.15 0.38 1.55 1.92 1.83 1.24 1.07 0.45 0.15 0.15 1.1 1.1 1.1 2.8 11.3 14.4 13.3 9.1 8.1 3.3 1.1 1.1 16 5.65 20-❑ec-01 Zancanelta 8 Associates. Inc Water Resources Engineers Glenwood Springs, CO Jab# 97420 egrAEE1.123 GROUND LEVEL S❑ILS ALLUVIAL BOULDERS AND COBBLES ALLUVIAL COBBLES, SANDS AND GRAVELS EAGLE VALLEY FORMATION TOTAL DEPTH 42 ARABIAN WELL DETAIL SCALE NOT TO SCALE DATE DEC. 20, 2001 SHEET: 1 OF 1 DRAWN BY: BCP CHKD BY: BCP APPD BY: TAZ DRAWING: ArabianDetalLdwg 9' DIA. HOLE CEMENT 8-18' STATIC VATER LEVEL 11.75' ON DECEMBER 13, 2001 —1' TO 33' AND 38' TO 40' 5 1\2' I.D. PLAIN STEEL 0.188' WALL CSG 33' TO 38' 5.5' STAINLESS STEEL SCREEN ASPEN EQUESTRIAN ESTATES ZANCAACL L A AND ASSOCIATES, INC EAWIACERING CONSUL TANTS POST MICE BOX MB - t® ODOR NOME =MOOD MINIM az oo 01O@ (r?U) 045-5700 FIGURE NO. 2 PROJECT: 17420 WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER POR OFFICE USE ONLY APPROVAL *oWS3)-9)-03 1- i WELL FERM1T NUMBER 053323-F Owner Name(s): Aspen ENtxestrian Estates M i)ing Address: 3275 County Road 100 City, State, Zip : Carbondale, Co. 81623 Phone # : 970-963-9397 .I.IcC:ATIONASDRILLED SE 1/4 NW 114 Ste: 31 Twp: 7 S Range: 87 W DISTANCES FROM SEC. LINES 1750 R. from North Sec. lime and 1940 R from West Sec. line OR Northing: Easting: SUBDIVISION: Aspera Equestrian Estates LOT: BLOCK: FILNG (UNIT): STREET ADDRESS AT LOCATION 4. GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED: 1112412001 TOTAL DEPTH: 42 DEPTH COMPLETION: 40 5. C EOLOOIC LOG 6.130LE DIAMETER (in) FROM (It) TO (+t) Depth Type of Material SSize1 Calan, and T}pe) 9.0 0 42 000-010 Dirt 6.5 010-025 Boulders. Ccbbles 025-040 Gobbles, Sand, Gravels - 7. PLAIN CASING 040-042 Este Valled:ormation OD in) Kind Wail Sign From (ft) To tet) 5.5 Steel 0.188 0 33 5.$ Stem 0.188 38 40 PERF. CASING : Screed Slur Size 0,1 D0 5.5 SS 33 38 Water Located: 15 - 40 Remarks : 8. Filter Pack Material . Size : Interval . 9. Packer Placement Type : Depth : 10. GROUTING RECORD taml Am>bunt DintetY interval ' teen m,s Cement 3 sits 6 gal/sk 8-18 poured i 11. DISINFECTION : Type : I-TfH Amt. Used : 2 oz. - 12. WELL TEST DATA : () Check Box If Test Data b Submitted Oa Supplemental TESTING METHOD : Air Comprcaser Static Level : 12 ft. Date Time Measured 11/29/2001 Production Rate 25+ gpm Pumping Level : Total it_ Owe/Time Measured 11/29/2001 Test Length : 2 hours Test Remarks : 13. nrii +wdellcieinridkarisya.moan aneriottheya.►elmtoay (Prrs�xto9i 2&-)4(13)i)UMdom lam. talary amt �+..eara� md L potry)ai0e a � �r"aicrarrar.) CONTRACTOR : Shelton Drilling Corp. Phone : (970) 927-4182 Mailing Address : P.O. Box 1059 Basalt, 621 Lie. No. 1095 Natne I Title (Please Type or Print) Wayne Shensi / President% Signa _------- .. Date 11/30/2001 ORIGINAL 1 1 1 1 1 1 f 1 1 1 1 1 i 1 1 1 1 1 i TABLE 3 Pump Test Data Well 1D: Arabian Weil Job No.: 17420 Client: Aspen Eqestrian Estates Test By: Samuelson Analysis By: BCP M.P. = Tap of Casing Q = 110 gpm r= ft S.W.L. = 11.75 ft b= ft Time/Date on: 12/13101 1 1:30 AM Time/Date off: 12/14/01 12:00 PM Test 'Length: 24:30:00 total time TIME Time (minutes) W.L. Measurement Drawdown (feet) Q (gpm) t' (minutes) tit' (feet) (inches) 12113101 11:30 AM _ 0 11 9.0 SWL 110 12/13/01 11:31 AM 1 18 6.7 7.00 _ 110 12/13/01 11:32 AM 2 18 10.8 6.81 110 12/13101 11:33 AM 3 18 10.8 7.15 110 12/13/01 11:34 AM 4 _ 18 10.9 7.15 110 12/13/01 11:35 AM 5 18 10.4 7.16 110 12113/01 11:36 AM 6 - 18 10.2 7.12 110 12/13/01 11:38 AM 8 18 10.8 7.10 110 12/13/0111:40 AM 10 _ 18 10.7 7.15 110 12113/01 11:42 AM 12 18 11.0 7.14 110 12/13/01 11:50 AM 15 _ 18 11.5 7.17 110 12/13/01 11:50 AM 20 18 11.8 7.21 110 12/13/01 12:00 PM 30 19 0.1 8.23 110 - 12/13/01 122:10 PM 40 19 0.0 7.26 110 - - 12/13/01 12:20 PM 50 19 0.2 7.25 110 - 12/13/01 12:30 PM 60 19 0.1 7.27 110 12/13/01 1:00 PM 90 _ 18 9.2 6.26 110 12/13/01 1:30 PM 120 18 9.7 7.02 110 12/13/01 2:30 PM 180 18 10.4 7 06 - 110 12/13/01 3:30 PM 240 18 10.4 7.12 110 12/13/01 6:30 PM 420 19 0.0 8.12 110 12/14/01 8:00 AM 1230 19 1.6 7.25 110 12/14/01 11:30 AM 1440 19 1.3 7.38 110 12/14/01 12:00 PM 1470 19 1.4 7.36 Stop Pumping 12/14/01 12:01 PM 1471 12 8.28 0.37 0 12/14/01 12:02 PM 1472 12 5.2 0.94 0 2 736 12/14/01 12:03 PM 1473 12 4.2 0.68 0 3 491 12/14/01 12:04 PM 1474 12 3.7 0.60 0 4 369 12/14/01 12:05 PM 1475 12 2.9 0.56 _ 0 5 295 12/14/01 12:06 PM 1476 12 2.8 0.49 0 6 246 12/14/01 12:08 PM 1478 12 2.9 0.48 0 8 185 12/14/01 12:10 PM 1480 12 2.8 0.49 0 10. 148 12114/01 12:12 PM 1482 12 2.2 0.48 0 12, 124 12/14/01 12:15 PM 1485 12 1.8 0.43 0 15 99 12/14/01 12:20 PM 1490 12 _ 1.6 0.40 0 20 75 12/14/01 12:30 PM 1500 12 1.4 0.38 0 30 50 12/14/01 12:40 PM 1510 12 1.2 0.37 0 40 38 12/14/01 12:50 PM 1520 12 1.0 0.35 0 50 30 12/14/01 1:00 PM 1530 12 0.7 0.33 0 60 26 12114/01 1::30 PM 1560 12 0.0 0.31 0 90 17 12/15/01 10:30 AM 2820 11 9.8 0.07 0 1350 2 t2213/01 Zancanelia & Associates, Inc. ArabianPumpTest gm 10 am I MS OM M mi AM Mr M' OM MN En NM dill MB 111111 M 1 0 5 10 15 20 m 3 25 30 35 40 10 Figure 3 24 -Hour Pumping Test y-12113101 to 12/14/01 Aspen Equestrian Estates - Arabian Well 100 Time (min) 1,000 10,000 100,000 12/11101 Zancsnslls & Associates, Q 110 gpm throughout test Static Water Level = 11.75 ft1_ im f N - -- 4. Pump Set at 35 ft. r WellT'D=40tt. 1 12/11101 Zancsnslls & Associates, Mt OM — — 1 — ..I ■.r — — — M SW — 11■1 OM — » all 0 15 E c 25 0 ya 30 fu 1 a ■ Figure 4 Recovery Following 24 -Hour Pumping Test -12113101 to 12/14/01 Aspen Equestrian Estates - Arabian Well Recovery as Residual Drawdown 10 100 tit' 1 ,000 10,000 Well TD 40 ft. i 111,1. 1211'901 Zancanella 8 Associates, Inc. ArabianPumpTest rorrn evo. vrrik, . ur I r -,."311A l t tNiiINt .N GWS -25 COLORADO L 'SIGN OF WATER RESOURC 318 Centennial Bldg., 1313 Sherman St., Denver, Colorado 802x3 (303) 866-3681 Appaloosa Weil APPL (CANT 'C95 WELL PERMIT NUMBER _0513322 - F DIV. 5 'ND 38 DES. BASIN MD Lot 3toci : -=ding: Subdiv: ASPEN EQUESTRIAN ESTATES ASPEN EQUESTRIAN ESTATES 3275 CO RD 100 CARBCNDALE. CO 31623- (970) 963-9397 pFPMrr Tri 1 tSF .aN Pxis-r NG WEl i APPROVED WE(L LCCATICN GARFIELD COUNTY SE 14 NW 1/4 Section 31 Township 7 S Range 87 W Sixth P.M DISTANCES FROM SE T1ON LINES 1826 Ft. from North 1934 Ft. from West Section Line Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material inlury to existing water nghts. The issuance of this permit does not assure the applicant that no injury will occur to another 'jested water fight or preclude another owner of a vested water right from seeKing relief in a Civii court action. ) The construction of this well shall De in comctiance with the Water' Nell Construction Rules 2 CCR 402-2. unless approval of a variance has Peen granted by the State Board of Examiners of Water 'Neil Construction and Pumo installation Contractors in accordant wrth Rule 18. 3) Approved pursuant td CRS 37.90-137(2) for the use of an existing well, appropriating ground water tributary to the Roannq Fork River, as an alternate point of diversion to the Basalt Conduit. on the condition that the well snail be operated only when the Basalt Water Conservancy District's substitute water supply plan. approved by the State Engineer. is in effect and when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacerrent water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. 8WCD contract 4343. 4) The use of ground water from this well is limrted to ordinary household purposes inside 47 single family dwellings anti three employee dwellings. Cie irrigation of not more than 3.4 acres of gardens and lawns, the watenrtg of livestock. and commercial uses associated with an equestrian facility. All use et this we l will be curtailed unless the water attotment contract ora plan for augmentation is in effect. 5) The simultaneous maximum pumping rate of this well and any other yell operating under BWCO contract 4343 shall not exceed 100 GPM. 6) The combined annual amount of ground water to be appropnated by this Well and any other well operating under BWCD contract 4343 shall not exceed 36.4 acre-feet. This well is known as ttie Appaloosa Well. 7) The owner shall mark the weft in a conspicuous place with well permit numtaer{s), name of the aquifer, and court case numbers) as appropriate. The owner shalt take necessary means and precautions to preserve these markings. This well shall be located not more than 200 Leet from the location specified an this permit ane not:ess than 604 feet from any existing well. not owned by the applicant. ) A totalizing clow meter must be installed on this well and maintained in good working order. 'aerrranent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Civisson Engineer upon request. 10) Approved for the installation of a pump in, and the use of, an existing well, constructed on September 9, 1999. Jnder monitonng hole notice MH -36529.A. 9., vfr�v APPROVED JD2 to r,ngineer Receiot No. 0453202 S DATE ISSUED I� ti EXPIRA T ICN DATE MAR 0 1 Z0. 1 Form No. OFFICE OF THE ATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 815 Centennial 810g.. 1313 Sherman SL, Denver. Colorado 80203 (303) 865-355/ IArabian Well APPUCANT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1095 WELL PERMIT NUMBER 053323 - DIV. 5 WO 38 DES. BASIN MD LWL' ASPEN EQUESTRIAN ESTATES 3275 CO RD 100 CARBONDALE. CO 81623- (970) 963-9397 PERMIT TO CONSTRUCT A WELL alp: Fling: Sutxtly- ASPEN EQUESTRIAN ESTATES APP D WELL LOCATI©N GARFIELD COUNTY SE 114 NW 1/4 Section 31 Township 7 5 Range 87 W Sixth P.M. (DISTANCES SROM SECTION LINES 1748 Ft, from North 1757 Ft. from West Section Line Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL f} This well shall be used n such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water nght or preciudo another owner of a vested •water right from seeking relief in a Civil court action. 2) The construction of this well shall ben compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3} Approved pursuant to CRS 37.90-137(2) for the construction of a well, aperopnating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition twat the well srsall be operated only when the 9asalt Water Conservancy District's substitute water supply Plan, approved by the State Engineer. is in effect ane when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from. Ruetti Reservoir is in effect, or under en approved plan for augmentation. BWCD contract 0343. 4) The use of ground water from this well is limited to ordinary household purposes inside 47 single family dwellings and three employee dwellings. the irrigation of not more than 3.4 acres of gardens and lawns, the watenng of livestock, and commercial uses assoraiated with an equestrian faculty. All use of this well will be curtailed unless the water allotment contact or a plan for augmentation is in effect. 5) The simultaneous maximum pumping rate of this well and any other well operating under BWCID contract *343 shall not exceed 100 GPM. 6) The combined annual amount of ground water to be appropriated by this well and any other well operating under SWCD contract 0343 shall not exceed 36.4 acre-feet_ This well is imown as the Arabian Weil. 7) The owner shall mark the well in a conspicuous plata with well permit number(s), name of the aquifer. and court case numbers) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit and not less than 600 feet From any existing well, not owned by the applicant 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. Jr) 3rr-+a APPROVED JD2 .Receipt No. 04537928 DATE ISSUED >3y MAR 01 20 EXPIRATION BATE LIJUU BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 383 Pursuant to C.R.S. 1973, 37-45-131 Blue Creek Land Holdings, L.L.C. (hereinafter "Applicant") has applied to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45- 101, et sec . for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution ofthis Contract, Applicant agrees to the following terms and conditions and those certain terms and conditions set forth in the attached Order, which is fully incorporated as a part ofthis Contract: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use 0.22 cubic feet ofwater per second from the District's direct flow rights and 12.9 acre feet per year of storage or other augmentation water owned or controlled by the District (12.6 AF to be used for domestic purposes and 0.3 AF for commercial purposes). Applicant shall restrict actual diversions and consumptive use under this Contract to these amounts. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other decrees or water rights hereafter acquired by the District, including the District's contractual right to receive storage water from Ruedi Reservoir and Green Mountain Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange or augmentation releases made from the District's storage rights in Ruedi or Green Mountain. Reservoirs or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green Mountain Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. Releases from other facilities available to the District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement is not impaired by said action. 3. PURPOSE AND LOCATION OF USE: Applicant will use the water rights allotted pursuant to this Contract for beneficial purposes by diversion at Applicant's point of diversion under the District's direct flow water rights and/or by use of augmentation or exchange water owned or controlled by the District. Applicant will use the water allotted by the District within or through facilities or upon lands owned, operated, or served by Applicant, which lands are described on Exhibit "A" attached hereto; provided that the location and purpose of Applicant's use of said water shall be legally recognized and permitted by the applicable governrnentaI authority having E .1110.11.11thcBWCf331.«w 113 1 jurisdiction over the property served. Applicant's hereunder is for the following use or uses: X Domestic/Municipal (12.6 AF) Industrial contemplated usage for the water allotted X Commercial (0.3 AFr) Agricultural Other - It is acknowledged that certain locations within the District may not be susceptible to service solely by the District's water rights allotted hereunder or the District's said water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant may utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year, shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. Ln the event the Applicant intends to institute any legal proceedings for the approval of an augmentation plan and/or any change to an alternate point of diversion of the District's water right to allow the Applicant to utilize the water allotted hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an alternate point of diversion and/or an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan ofaugmentation for the District. In any event, the District shall have the right to approve the Applicant's application for change of water right, and/or augmentation plan or other water supplyplan involving the District's rights, and the Applicant shall provide the District copies of such application and of all pleadings and other papers filed with the Water Court in the adjudication thereof. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be solely responsible for providing the structures, works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. 4. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, a late fee of $50 (or such other amount as the Board may set from time to time) will be assessed and final written notice of the delinquent account and late fee assessment will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after said final written notice, the District may, at its option, elect to terminate all of the Applicant's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi -municipal entity, or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract is valid and in force, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said Applicant without the prior written approval of the Board of Directors of the District. Upon the sale of the real property to which this Contract pertains, Applicant has a duty to make the buyer aware of this Contract and the need to assign the Contract to the buyer. However, prior written approval of the Board of Directors otthe Distnct is required betore the assignment is effective. Payment ofan assignment fee in an amount determined by the Board shall be required as a prerequisite to approval of the assignment. In the event the water right allotted hereunder is to be used for the benetit of land wtuch is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation district or other special district properly organized and existing under C wriNJM6 Y>MC9'ilw CPWCaww }q 3 and by virtue of the laws of the State ofColorado and then only if such association or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and crust comply with such requirements as the District has adopted or may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 7. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by all applicable law, including, for example, the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regu- lations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 81CW253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for exten- sion of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. IQ. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 4 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 13. COMPLIANCE WITH SECTION 404 OF THE CLEAN WATER ACT. Applicant shall comply with Section 444 ofthe Clean Water Act and consult with the Army Corps of Engineers to complete any Section 404 compliance that may be required as a result of the construction of any facilities necessary to use contract water. 14. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. 15. WELL PERMIT: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before the District is obligated to deliver any water hereunder, and it is the Applicant's continuous duty to maintain a valid well permit. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Applicant must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. 16. MEASURING DEVICE OR METER: Applicant agrees to provide, at its own expense, a totalizing flow meter with remote readout to continuously and accurately measure at alI times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion ofwaterby the State of Colorado Division ofWater Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 17. CONTRACT TERMINATION: A. Termination by District: 1. The District may terminate this Contract for any violation or breach of the terms of this Contract by Applicant. 5 2. The District may terminate this Contract if, in its discretion, any judicial or administrative proceedings initiated by Applicant threaten the District's authority to contract for delivery or use of the District's water rights, or threaten the District's permits, water rights, or other interests of the District. B. Termination by Applicant: 1. Applicant may terminate this Contract in its entirety for any reason by notifying the District in writing of the termination on or before April 1. Notice by said date will prevent the Applicant's liability for the next annual contract charge. 18. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. Applicant's Address: Blue Creek Land Holdings 3220 County Road 100 Carbondale, CO 81623 (970) 963-9833 1:11/!s-t\AC.1-11_ STATE OF } } COUNTY OF en ss. APPLICANT: BLUE CREEK LAND HOLDINGS, L.L.C. By: Subscribed and sworn to before me this I' i day of Rob Curnring, Manager of Blue Creek Land Holdings, L.L.C.. WITNESS my hand and official seal. My commission expires: 11/43/9C04 60, L. W4 Lid -,_ or• _ 4•4 RIP • UBO �s I"a!14,W ° 6 , 2001, by ublic anrn-er,(. Oct 6GWCiL.)CIL Cean cli'&ks1 ?f IT -RA 'jail (d t_i I D IT)1- Ca,,10 )) ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT BLUE CREEK LAND HOLDINGS, L.L.C. CONTRACT NO. 383 Application having been made by or on behalf of Blue Creek Land Holdings, L.L.C. and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for 0.22 cubic feet of water per second from the District's direct flow rights and 12.9 acre feet per year ofstorage/augrnentation water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use ofthe water allotted in the attached Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. The Applicant has acknowledged that the land to be benefitted by the attached Contract is described on Exhibit "A" attached hereto and incorporated herein by this reference. 2. In the event ofthe division ofthe property served by this Contract (see Exhibit A) into two or more parcels owned by different persons, the Applicant shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property. The Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records ofthe Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District, including to enforce payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. 3. The Applicant shall provide the District proof that the proposed land use ofthe land to be benefitted by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided. 4. Any well permits issued on the basis of this Allotment Contract shall be applied for and issued in the name of the Applicant. 5. By acceptance of this Contract, Applicant acknowledges that within two years of the date hereof or such later date as the District may approve, the Applicant shall file with the Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the purposes hereinabove set forth, or the Applicant's water allotment as provided in this Contract may be included in a water rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract holders included in such plan; provided that inclusion of the Applicant's water allotment in the District's plan of augmentation shall be at the District's sole discretion. In the event the District includes the Applicant's water allotment in the District's Application for a plan of augmentation, Applicant will provide such information and assistance, including testimony, as may be needed for judicial approval of the plan. The District makes no warranty that it will secure approval of the plan. The District may establish an augmentation plan fee to be paid by the holder of any Contract or amended Contract to be included within a plan of augmentation to be filed by the District, which fee shall be payable in advance of the inclusion of such Contract m a District plan of augmentation and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. Ifsuch augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan ofaugmentation, the District shall refund such excess to the Contract holder. Conversely, if such augmentation plan fee paid by the Contract holder does not cover the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, then Applicant shall pay the remaining balance of its portion of the actual expenses upon the District's providing the holder with a statement for the same. To the extent that the District is caused additional costs because of objections filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs maybe charged specifically to Applicant and not shared on a prorata basis by all Contractees. However, by acceptance ofthis Contract. Applicant acknowledges that it shall be responsible for any adjudication of the water right associated with the Applicant's pond(s). The Contract allots storage/augmentation water of the District to augment evaporative losses from the surface area of the pond(s), but the Applicant acknowledges that the District will not be responsible for adjudicating a water right or priority date for the pond(s) in any future water rights pian of augmentation filed by the District. In its sole discretion, the District may include the augmentation of the evaporative losses from the pond(s) in a future augmentation plan filing (as above described), but only after the Applicant provides the District with a decree of court which adjudicates the water right and priority associated with the pond(s). In the event that the District includes the augmentation of the evaporative losses in a future augmentation plan filing, the Applicant shall pay the District's costs associated with the plan (as above described). 6. Any and all conditions imposed upon the release and diversion of water allotted hereunder m any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract. Granting ofthis allotment contract does not constitute the District's representation that the Applicant will receive a well permit or water rights decree for the land to be benefitted hereby. 7. If Applicant intends to divert water through a well or wells, Applicant shall provide the District a copy of Applicant's valid well permit for each such well before the District is obligated. to deliver water for the benefit of Applicant hereunder. Applicant must comply with the well - spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with. said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. Approved this 8th day of Mal' , 2001. Attest: ) Barbara Mick - Secretary BASALT WATER CONSERVANCY DISTRICT By: -2- 4.7t12-(7.1.0 Arthur Bowles, President EXHIBIT A All that property located in Section 31, Township 7 South, Range 97 West of the 6th P.M., in the County of Garfield, State of Colorado, described as follows: Lots 1, 2, 7, and 11, and those portions of Lot 6 and the northeast quarter of the southwest quarter lying east of north -south County Road from Catherine Bridge crossing the Roaring Fork River across the northeast quarter of the south- west quarter, Lots 6 and 7, and along the boundary between Lots 2 and 3; Excepting therefrom the following: A. The east 1590 feet of Lot 1; 3. A tract of land situated in Lots 1 and 2, described as follows: Beginning at a point on the north, line of said Lot 2 at the intersection with the northerly line of the Basin Ditch, said paint being 324.35 feet, more or less, east of the northwest corner of said Lot 2; :'hence along the , norther? y line of said Basin Ditch, as follows: South 50059' east, 105.30 feet; Thence south 36026' east, 130.0 feet; Thence south 65°49' east, 245.26 feet; Thence north 75°12' east, 223.37 feet; Thence south 70°17' east, 76.38 feet; Thence south 50°18' east, 57.08 feet, more or less, to fence line on east line of property: Thence north, along said fence line 278.92 feet, more or less, to a point on the north line of said Lot 1; Thence south 89050' west, 714.93 feet, more or less, along the north line of said Lots 1 and 2, to the point of beginning; C. All those portions of Lot 11 and the northeast quarter of the southwest quarter lying between the right-af--way of the Denver and Rio Grande Railroad andthe main channel of the Roaring Fork River; D. Right -of :aav for State Highway No. 82 across Lots 1 and 2; E. Right-of-way for north -south County Road from Catherine Bridge crossing the Roaring Fork River across the northeast quarter of the southwest quarter, Lots 5 and 7, and along the boundary between 2 and 3; F. 20 foot easement for ingress and egress described in Book 334, Page 378, of the records of the Clerk and Recorder of tha County of Garfield, State of Colorado. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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, monitoringlobserv., gravel pits, registration of old wells) Review instructions prior to completing form Must be comnfeted in black ink or tuned 1. APPLICANT INFORMATION 6. USE OF WELL (please attach detailed description) Na orapp1ic I Blue Creek Land Holdings, LLC attached 0 INDUSTRIAL El OTHER: Domestic ID COMMERCIAL 0 MUNICIPAL See Table 2 Mailing /Wiliest 3220 County Road 100 13 IRRIGATION 0 FEED LOT -- number of head : 7. WELL DATA City State Zip Code Carbondale CO 81623 Maximum pumping rate Annual amount 50 gpm - 12.9 acre-feet Total depth Aquifer 40 feet Roaring Fork River Alluvium Telephone number (include area Code) (970) 704-9007 8. LAND ON WHICH GROUND WATER WILL BE USED 2. TYPE OF APPLICATION (check applicable box(es)) A. LEGAL DESCRIPTION (may be provided as an attachment} See Exhibit A (If used for crop irrigation, attach scaled map that shows irrigated area.) ix Construct new well 0 Use existing well 0 Replace existing well 0 Change or Increase Use 0 Change (source) Aquifer 0 Reapplication (expired permit) 0 Other: 3. REFER TO (if applicable): a. Nacres C. Owner 82 Blue Creek Land Holdings, LLC Water court case tk Basalt Water Conservancy District Contract #383 Permit IS D. list any other walls or water rights used on thls land: Arabian (BCR)Well, Goose Well, Snipe Well, T.O. Ranch Well, Mallard Lake, Pintail Lake, Teal Lake Emergency Verbal a Monitoring hole acknowledgment # -VE- MH- _ Weil name orlt Appaloosa (BCR) Well 9. PROPOSED WELL DRILLER (optional) Name Li Censenurnber Shelton Drilling Corporation 1095 4. LOCATION OF WELL County Garfield Quarterfquaner SEY4NW% ' Quarter 10. SIGNATURE of applicants) or authorized agent The making of false statements herein constitutes per(ury in the second degree, which is punishable as a class 1 mis- demeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the statements herein, know the contents thereof, and state that they are true to my knowledge. Section 31 Township N ors 7 0 El Range E or W 87 ❑ ® Pnncipai Meridian 6th Distance at well from 1826 ft section lines 1934 ft from ❑ E EI w from o N ❑ s Weil location address, if different from applicant address ti! applicable) Must b oligiaalsignature \ '`- I et Sriett i'' L.. ClAiiite Tale Date , +4 t/b'4l 2. (r, I IC / 4i r For replacement wells only - distance and direction from old well to new well feet direction OPTIONAL INFORMATION 5. TRACT ON WHICH WELL WILL BE LOCATED usos n'op name DWR map no. - Surface elev. A. LEGAL DESCRIPTION (may be provided as an attachment): Aspen Equestrian Estates See Exhibit B Office Use Only USE(S) DIV CO B. STATE PARCEL - - ID# (optional). WD C. ai acres In tract 57.889 O. Owner Jay Weinberg BA _ E. Will this be the only well on this tract? 0 YES El NO (if other wells are on this tract. see instructions) MD Form GWS -45 (12/95) Review instructions prior to completing form Must be completed in black ink or tvncrl 1, APPLICANT INFORMATION 6. USE OF WELL (please attach detailed description) - Name of applicant — - Blue Creek Land Holdings, LLC 0 INDUSTRIAL l] OTHER: Domestic El COMMERCIAL 0 MUNICIPAL See Table 2 Attached Mailing Address 3220 County Road 100 I2 IRRIGATION 0 FEED LOT -- number of head : 7. WELL DATA City Stale Zip Code Carbondale CO 81623 Maximum pumping rate Annual amount 50 gpm 12.9 acre-feet , Total depth Aquifer 40 feet Roaring Fork River Alluvium Tetepnone number (ndude area code) (970) 704-9007 8. LAND ON WHICH GROUND WATER WILL BE USED 2. TYPE OF APPLICATION (check applicable box(es)) A. LEGAL DESCRIPTION (maybe provided as an attachment) See Exhibit A (If used for crop tmgation, attach scaled map that shows irrigated area.) El Construct new well 0 Use existing well 0 Replace existing well 0 Change or Increase Use 0 Change (source) Aquifer 0 Reapplication (expired permit) 0 Other: 3. REFER TO (if applicable): B. # acres C. Owner 82 Blue Creek Land Holdings, LLC Water court case # Basalt Water Conservancy District Contract #383 Permit # D. List any other wells or water rights used on this land: Appaloosa (BCR)Well, Goose Well, Snipe Well, T.O. Ranch Well, Mallard Lake, Pintail Lake, Teal Lake Emergency Veroaf # Monitonng hole acknowledgment # -VE- MH- Well name or u Arabian (BCR) Well 9. PROPOSED WELL DRILLER (optional) Name - License number Shelton Drilling Corporation 1095 4. LOCATION OF WELL Counly Garfield T Quarterlquarter ` SEV4 Quarter NW% 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 they are true to my knowledge. _ Section 31 Township N or 5 • 7 0 Q Range E or W _ Principal Meridian 6th 87 0 Fill Distance of well from section lines 1748 ft from 0 N 0 s 1757 ft from 0 E t1 w Will location address. if different from applicant address (if appItcabkl Must fb$ioriigginai signature '.- - ! Vim] +�ut'J ri ( . rte+ A-AQAl Tule ale it K, q,qv— OZ. I Z4 10 1 For replacement wells only - distance and direction from old well to new well feet direction OPTIONAL INFORMATION 5. TRACT ON WHICH WELL WILL BE LOCATED USGS map nine DWR asap no. Surface eiiev A. LEGAL DESCRIPTION (may be provided as an attachment): Aspen Equestrian Estates See Exhibit B Office Use Only - USE(S) - DIV CO B. STATE PARCEL ID# (optional): WD C. # acres in tract 57.889 D. Owner Jay Weinberg BA E. Will this be the only weir on this tract? ' 0 YES El NO (if other wells are on this tract, see instructions) MD 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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, monitoringlobserv., gravel pits, registration of old welts) Form{ G'U'TS -45 (I2/95) 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 (Pease note: other forms are available for specific uses including - residential, livestock, monitoringlobserv., gravel pits, registration of old wells) 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 oappticanl Blue Creek Land Holdings, LLC 0 INDUSTRIAL 1 OTHER: Domestic Il COMMERCIAL 0 MUNICIPAL See Table 2, Attached Maamg Address 3220 County Road 100 13 IRRIGATION 0 FEED LOT -- number of head 7. WELL DATA City Slate Lip Code Carbondale CO 81623 Maximum pump+ng rate Annual amount - 50 gpm 12.9 acre-feet Total depth Aquifer 119 feet Roaring Fork River Alluvium Telephone number (include area code) (970) 704-9007 8. LAND ON WHICH GROUND WATER WILL BE USED 2. TYPE OF APPLICATION (check applicable box(es)) A. LEGAL DESCRIPTION (may be provided as an attachment See Exhibit A (If used for crop irrigation, attach scaled map that shows irngatee area ) EJ Construct new well 0 Use existing well 0 Replace existing well 0 Change or Increase Use 0 Change (source) Aquifer ❑ Rea pplication (expired permit) 0 Other: 3. REFER TO (if applicable): B. #acres C. Owner 82 Blue Creek Land Holdings,. LLC Water court case x Basalt Water Conservancy District Contract #383 - Permit fl ~ D. List any other wells or water rights used on this land: Goose Well, Mallard Lake, Teal Lake, Pintail Lake, T.O. Ranch Well, Appaloosa (BCR) Well, Arabian (BCR)Well Emergency Verbal 4 Monitoring hole acknowledgment it -VE- - MH- Wei{ name or ti Snipe Well 9. PROPOSED WELL DRILLER (optional) 'Name License number Shelton Drilling Corporation 1095 4. LOCATION OF WELL County Garfield - Quarter/quarter SWY4 Quarter NE% 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). 1 have read the statements herein, know the contents thereof. and state that they are true to my knowledge. Sectrnn 31 t Township N or 5 Range E or W Principal Meridian 6111 7 0 Et 87 0 0 Distance of well from 2020 ft section lines 2616 ft from El E 0 w from 13 N ■ s Well location address, if different from applicant address (if applicable) Must be ongmal stpnature Title (?tors + t. j� lie / i t J i q 1jr o 1 fff r 111 For replacement wells only • distance and dinCtlon from aid welt to new well feet direction OPTIONAL INFORMATION 5. TRACT ON WHICH WELL WILL BE LOCATED USGS mop name DWFt map no Sunece elev - A. LEGAL DESCRIPTION (may be provided as an attachment): See Exhibit A Office use Only USE(S) DIV CO B. STATE PARCEL - ID# (optional): WD (, s acres in tract 82_ D.. Owner Blue Creek Land Holdings, LLC BA E. Will this be the only well on this tract? 0 YES 0 NO (if otherwetls are on this tract, see instructions) MD Form G WS -45 (12195) 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, monitoring/observ., gravel pits, registration of old welts) Review instructions prior to completing form Must be completed in black ink or tvDed 1. APPLICANT INFORMATION 6. USE OF WELL (please attach detailed description) Name of applicant Blue Creek. Land Holdings, LLC ❑ INDUSTRIAL ❑x OTHER: Domestic E COMMERCIAL 0 MUNICIPAL See Table 2, attached ID IRRIGATION ❑ FEED LOT -- number 01 head : —Ma,I ng address 3220 County Road 100 7. WELL DATA City Stater Zip Code Carbondale CO 81623 Maximum pumping rate Annual amount 50 gpm 12.9 acre-feet Total depth Aquifer 119 feet Roaring Fork River Alluvium Taiaanonenumt>e {include area (970) 704-9007 8. LAND ON WHICH GROUND WATER WILL BE USED 2. TYPE OF APPLICATION (check applicable box(es)) — A. LEGAL DESCRIPTION (may be provided as an attachment) See Exhibit A Of used for crop irrigation. attach scaled map that shows arrogated area t 0 Construct new well 0 Use existing well ❑ Replace existing well 0 Change or Increase Use ❑ Change (source) Aquifer ❑ Reapplication (expired pemrit) ❑ Other: 3. REFER TO (if applicable). - B. # acres C. Owner 82 Blue Creek Land Holdings, LLC Water court case Al Basalt Water Conservancy District Contract #383 Permit # 0. List any other welts or water rights used on this land: Snipe Well, Mallard Lake, Teal Lake, Pintail Lake, T.O. Ranch Well, Appaloosa (BCR)Well, Arabian (BCR)Weil Emergency Verbal # Monitoring hole acknowledgment # -VE- MH- Well name or It Goose Well 9. PROPOSED WELL DRILLER (optional) Name LKense numoe+ Shelton Drilling Corporation 1095 4. LOCATION OF WELL County - -Quarter/quarter Garfield ! SWY4 Quarter - NE% 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 they are true to my knowledge. Section 31 Township N or 5 ' 7 0 ID Range E or W Principal Meridian 6th i 87 0 EI Distance of well from section lines 1890 ft from ® N 0 s 2410 ft from 0 E 0 w Walt location address, if different from applicant addressa lif applicable) Must be originalsHgnature ,.., Af s Tills Date AA C y I` q,. a t,Q - /tit ? / o f f or replacement wens only - distance and direction [ram old well ro new well feet direction OPTIOI�L INFORMATION 5. TRACT ON WHICH WELL WILL BE LOCATED USGSmap name DwRmap no sursaceeaer A, LEGAL DESCRIPTION (may be provided as an attachment): See Exhibit A office Use Only USE(S) DIV CO 1 8. STATE PARCEL ID# (optional): WD BA C. 1 acres In tract 82 D. Owner Blue Creek Land Holdings, LLC E. Will this be the only well on this tract? 0 YES II NO (if other wells are on this tract, see instructions) MO Form GWS -45 (12/95) P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 Z4rc4rIELL4 4110. 4SSOC11TEs, ltic EINONEESirG CvrlsuLtar4TY September 16, 1999 Mr. Mark Bean Garfield County Planning 109 Eighth Street Glenwood Springs, CO 81601 Re: Aspen Equestrian Estates - Water Supply Investigations Dear Mark: (970) 945-5700 (970) 945-1253 Fe This report presents the findings of the water supply investigations performed by Zancanella and Associates, Inc. for the proposed Aspen Equestrian Estates. Information contained in this report covers estimated future domestic water uses, the Basalt Water Conservancy District Contract, a well pump test report, and water quality. Water Requirements The following table presents the estimated uses for the subdivision: Table 1 Aspen Equestrian Estates P.U.D. Future Water Uses 47 Single Family Lots fi. 1.2 56,4 3 Single Family Equestrian Center Lots 1.0 3.0 Subtotal 59.4 ids>i~?F 4 Showers 0.3 1.2 2 Toilets 0.5 1.0 2 Lays 0.2 0.4 Pool, 25,000 gal 1,0 1.0 Hot Tub 0.2 0.2 Subtotal 3.8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Table 'l (cont) Aspen Equestrian Estates P.U.D. Future Water Uses ,, i a., t .•✓ ... :.tsAffar .a ... .,.. rye f ^ir ss.Jp ,.?4 . y 4v '4;'.�i i ..{GI 0.5 j'+?"6. , 1.0 2 Toilets 2 Lays 0.2 0.4 1 Horse Bath 1.0 1.0 Subtotal 2.4 ea {ppm.f7',"` N \a4C,a 4 We have assumed that each EOR will represent 3.5 people using 100 gallons of water per person per day. Water will be diverted to irrigate up to 2,500 square feet of lawn at each residence. We have also included 30 livestock units in the water service plan. Table 2 attached, presents the diversions and consumptive use for the proposed Aspen Equestrian Estates P.U.D. Legal Supply As can be seen from the attached Table 2, the subdivision will divert an average 36.94 AF annually, and consumptively use 9.30 AF. The peak month of June would require a continuous average diversion of 35.6 gpm. The subdivision is located within area A of the Basalt District and will be eligible for the Basalt District temporary exchange plan approved by Garfield County and the Colorado Division of Water Resources. A contract from the Basalt District for 38.2 acre feet which includes transit losses has been obtained and is attached for your review. Physical Supply Jay Weinberg has also retained the services of Zancanella and Associates, Inc. to supervise the drilling and testing of the water supply for the proposed Aspen Equestrian Estates. Pump Test Report A summary of the well construction details and results of the pump test have been summarized as follows: The Appaloosa Weil was completed on September 10, 1999 by Shelton Drilling Corporation. At the time of drilling, this well was registered with Colorado Division of Water Resources as a monitoring hole under permit MH -36529 (attached). 2 M M Ilia l M I I - E' N M M MB = E M I En Table 2 Aspen Equestrian Estates Estimated Water Requirements Water Use Inputs 7 'N'tr' Mi# Old WhilliA4 tV 11ti}..0;, r. _. ':y•.,j boniineielil beffi1ndi : r . '' , p T •b()rii Demi n i . Y of Residential EORs 59.4 EORs 1 of Commercial EORs 6.2 EORs Pond Surface Area 0.00 acres 9 persons/EOR 3.5 cap/EOR 1 persons/EOR 3.5 cap/EOR Annual Het Evaporallon 3 00 R 8 gallons/person/day 100 gpcd 1 gallons/person/day 100 gpcd Livestock 30.00 units Percent Consumed 5% Percent Consumed 5% Livestock Consumption 15 00 gpud Lawn initiation 2500 sq-!t/EOR Lawn Irrigation 2500 sq-11/EOR Irclgaled Open Space 0.00 acres Application Efficiency 70% Application Efficiency 70% Application Efficiency 70% Crop brig regmnt (CIR) 1.99 III Crop brig regmnt (CIR) 1.99 ft Crop inlg regmnt (CIR) 1.99 R Water Use Calculations 16 -Sep -99 Zancenella & Associates, Inc Welter Resources Engineers Glenwood' Springs, CO AM 97120 egrAEE1 123 r r•4 .t. , , _ 77., i . Y ... le{rf:4 ;.. : (4) (5) Open Space Live- Irrigation stock (ac -ft) (ac•ft) :• (0) Total (ac -fl) 14 ' • F (7) Average Flow (gpm) s (e) Domestic In-house (ac -ft) . _'' (8) Commercial In-house (ac - 11) ' f ' : Coh4uinp(14lt U5 ' 4 (10) (11) DomlComm Open Space Irrigation Irdgallon (ac -ft) (ac•ft) ' - . • (12) Live- stock (ac -ft) . (13) rolal (ac.ft) t : 1-1 (14)� Average Flow (gpm) Month (1) Domestic In-house (ac -ft) (2) Commercial In-house (acdt) (3) DomtComm Irrigation (ac -ft) January 1.975 0.21 0.00 0.00 0.043 2.23 16.3 0.099 0,01 0.00 0.00 0.04 0.15 1.1 February 1.786 0.19 0.00 0.00 0.039 2.01 16.3 0.059 0.01 0.00 0.00 0.04 0.14 1.1 March 1.978 0.21 0.00 0.00 0.043 2.23 16.3 0.099 0.01 0.00 0.00 0.04 0.15 1.1 April 1.914 0.20 0.34 0.00 0.041 2.49 I8.'8 0,098 0.01 0.24 0.00 0.04 0.36 2,9 May 1.978 0.21 2.03 0.00 0.043 4.26 31.1 0.099 0 01 1.42 0.00 0.04 1.56 11.5 June 1.914 0.20 2.57 0.00 0.041 4.72 35.6 0.096 0.01 1.60 0.00 0.04 1.94 14.7 July 1.975 0.21 2.43 0.00 0.043 4 66 34.0 0 099 0 01 1.70 0.00 0.04 1 86 13.5 August 1.975 0.21 1.58 0.00 0.043 3 61 27.6 0.099 0.01 1.11 0.00 0 04 1 26 9 2 September 1.914 0.20 1.34 0.00 0.041 3.50 26.4 0.096 0.01 0.94 0.00 0.04 1.09 6.2 October 1.976 0 21 0.43 0.00 0.043 2.66 19.4 0.099 0.01 0 30 0.00 0.04 0 45 3.3 November 1.914 0.20 0.00 0.00 0 041 2.45 16 3 0.095 0 01 000 0.00 0 04 0.15 1.1 December 1.975 0.21 0.00 0.00 0.043 2.23 16.3 0.099 0 01 0.00 0.00 0.04 0.15 1.1 Annual 73.264 2.43 10.73 0.00 0.50 3614 22.85 1.15 0.12 7.51 0.00 0.50 9.30 5.74 16 -Sep -99 Zancenella & Associates, Inc Welter Resources Engineers Glenwood' Springs, CO AM 97120 egrAEE1 123 The well is located in the SE 114 of the NW 1/4 of Section 31, Township 7 South, Range 87 West of the 6th P.M. The well can be plotted approximately 2752 feet from the West section line and 2408 feet from the North section line. The approximate location of the well is shown on the attached project location map. Figure 1. The well was drilled to a total depth of 40 feet into Roaring Fork River alluvial deposits, Water was first encountered during drilling at approximately 10 feet. The static water level in the Appaloosa Well on September 13, 1999 was 6.9 feet below the top of the well casing. The well was constructed with five feet of stainless steel well screen set at a depth of 33 - 38 feet. At its current static water level there is approximately 33.1 feet (40 feet - 6.9 feet) of available drawdown. The drawdown represents the available drop from the initial static level. The attached Figure 2 has been prepared to illustrate the well construction details. Also attached is the well construction report from Shelton Drilling Corporation. A pump test was conducted on September 13 and 14, 1999 by Samuelson Pump Company utilizing a 3 horsepower electric submersible pump powered by a portable generator. The pump test was conducted at an initiai rate of 100 gpm and the pumping rate was held at that level throughout the remainder of the test. The well was pumped continuously for a 24 hour period at the 100 gpm rate. The drawdown and time data collected during the test are presented in Tabfe 3. We have plotted the results of the test in a drawdown vs. time curve as shown on the attached Figure 3. The maximum drawdown during the 24-hour test was approximately 5.1 feet early in the test. The water level then rebounded to 4.5 feet of drawdown as the well developed, and remained at that level for the remainder of the test. The water levei remained well above the pump intake during the entire test. Recovery data for the well following the 100 gpm pump test was collected for an eight minute period after the pumping stopped. The recovery data is summarized in Table 4. The recovery plotted as residual drawdown is shown in Figure 4. Based on the residual drawdown curve, the well displayed positive recovery characteristics. The well appears to have been a good test of the aquifer capabilities. The test indicates that the well will probably be able to operate for extended periods at the rate of 100 gpm. This pumping rate is more than twice the peak average demand for the proposed P.U.D. Finally, water samples were collected during the pump test and sent to Barringer Laboratories in Golden, Colorado for independent analysis. The lab tests included analyses for Inorganic Chemicals (IOCs), Volatile Organic Chemicals (VOCs), Synthetic Organic Chemicals (SOCs), radiological properties (gross alpha and beta) and various physical properties of the water. Since the well screen is at a depth of less than 100 feet, a microscopic particulate analysis (MPA) sample was also taken. The MPA filter was sent to Microsearch Laboratories in Grand Junction. Results of the laboratory tests have not yet been received, but will be forwarded to you as soon as they are made available to us. However, Zancanella and Associates, Inc. has conducted groundwater investigations for the adjacent St. Finnbar Farm Subdivision, located on property immediately south of Aspen 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ,61 /5003 'CkS'Ct SeriF Pt; • 1 \ A • Ar ear .r .or . • 1 4 4' • • •ise • ! , \<...,.......e,;„..••••,,..._.,,_..r161*.''-'.'---"" '''''' --- .'S , •_,_2:''I -26:e:'-1.-''' 1.7-r! ' \\,,,, _.,,, • ..,. ' I e' X ' P ' '' :IN .—L,. • :: • t.,4 ' ".. 'Li. IT .'.x. .1 • 71' " 'I4 • ---.rk....,,,::: ,..' \ 1... *.., i •:, • ••' , .1 ..• 1t.tr-a-- .1! ;. ; ;L:__1,., ---...___*-- ,--,__-- --:.7------------_:---...z.:----:;-:-..--- r • . &Ain _..,--1,77-°"*.a.,1..--.3::: •,,, — .L. - I Prop e -,..4 ' • Itt:Te ... •• 36 St.;;•.,Firlistlait • .73..s..11,:“1.."." 11,7 - 1 • • - • • .• . , 7.!", • • T 7S " • • , T 8 S , . . • .2:_sr.r., 0093 X . • • - - , • ....:,____---7°7-77_77--...." , ri 7:7"--.:1. c....,,, . . • -"•,.. -----%.-- ----- . -- -: -,--- ''-'7'•• , 1... . 2::„.,...:00. ...... ., , , - L' . I ii-...._.,..„ - . ... ... _,..=. .• -•••.: ' `-' •• .1 , -. — i. ,- ,- : --• .. .- ..- N _..,. ,._..- . __. -•-•-el , , , • -j:- ' ' --- - ---- ''....ie''''2.-1 ..._ , ' \ ' ...—..... ! r c j..... -••••••-„,„, PROJECT LOCATION MAP MUM IOU 4i NM atm a•pesing=• !...% ties CUNT t Sage In reit IMILIII RCP CEEB lift %IX akirTI3 ST: TAZ PLAN M113. 074.1143‘1.4mTialm.tru ASPEN EQUESTRIAN ESTATES ZANC411k2ZA 4D 4ssigrt4 TES; INC. 64/67ACERIA.16 Chnnt TANTS FOR CfPCC 14421 - CIAPIV AVM; GLENN= IMMO. (321AMIAMII Mtn 114S-50111, ROM NU 1 GRDJND LEVEL ALLUVIAL BIXILDERS ROCKS. GRAVEL ALLUVIAL SANDS. GRAVEL SHALE Tt1TAL DEPTH 40' APPALOOSA WELL DETAIL NelaVimla OWN 'miss 131, icit 10- 15- 20- 30- 35-1 40- STATIC WATER LEVEL 6,9' ON SEPTEMBER 13, 1999 CEMENT 5-15' -1' TO 33' AND 38' TO 40' 5 1\2' I.D. PLAIN STEEL 0.188' WALL CSG 6.5' DIA. HOLE 33' TO 38' 5.5' STAINLESS STEEL SCREEN ASPEN EQUESTRIAN ESTATES Z Z2, AND ALSTOCM/Z Z JAC 1Ahrn6 Caiat MNTS norms NM 2 Table 3 Aspen Equestrian Estates - Appaloosa Well Pumping Test Data WATER DRAW DATE TIME LEVEL DOWN t e tie Q (ft) (min) (min) (gpm Comments 13 -Sep -99 09:05 AM 6.9 0 0 - - 100 13 -Sep -99 09:06 AM 9.9 3.0 1 - - 100 13 -Sep -999 09:07 AM 12.0 5.1 2 - -- 100 13 -Sep -99 09:08 AM 11.8 4.8 3 - - 100 13 -Sep -99 09:09 AM 11.7 4.8 4 - - 100 13 -Sep -99 09:10 AM 11.5 4.6 5 - - 100 13 -Sep -99 09:11 AM 11.5 4.6 6 - --- 100 13 -Sep -99 09:12 AM 11.5 4.6 7 - -- 100 13 -Sep -99 09:13 AM 11.5 4.6 8 -- - 100 13 -Sep -99 09:14 AM 11.5 4.6 9 - - 100 13 -Sep -99 09:15 AM 11.5 4.6 10 - -- 100 13 -Sep -99 09:25 AM 11.5 4.5 20 - - 100 13 -Sep -99 09:35 AM 11.5 4.5 30 - 100 13 -Sep -99 09:45 AM 11.5 4.5 40 - -- 100 13 -Sep -99 09:55 AM 11.5 4.5 50 --- - 100 13 -Sep -99 10:10 AM 11.5 4.5 65 -- - 100 13 -Sep -99 10:35 AM 11.5 4,5 90 - 100 13 -Sep -99 11:05 AM 11.5 4.5 120 - - 100 13 -Sep -99 12:15 PM 11.5 4.5 190 - 100 13 -Sep -99 04:30 PM 11.5 4.5 445 - - 100 14 -Sep -99 06:00 AM 11.5 4.5 1255 - - 100 14 -Sep -99 09:45 AM 11.5 4.5 1480 - - 100 09116/99 Zgncanails & Associstes AppaioasaPrnpThl.123 0 0 0 0 1• 0 0 0 0 0 111 ws 0 1 0 0 C 0 0 x- a (*gets Lua4 3061) 'UMOPM Q DATE 14 -Sep -99 14 -Sep -99 1 4 -Sep -99 14 -Sep -99 14 -Sep -99 14 -Sep -99 14 -Sep -99 14 -Sep -99 14 -Sep -99 Table 4 Aspen Equestrian Estates - Appaloosa Well Recovery Test Data WATER DRAW TIME LEVEL DOWN 09:45 AM 09:48 AM 09:47 AM 09:48 AM 09:49 AM 09:50 AM 09:51 AM 09:52 AM 09:53 AM t t' (ft) (ft) (min) (min) 11.46 4,5 2876 0 7.04 0.1 2877 1 2877.0 7.00 0.1 2878 2 1439.0 7.00 0.1 2879 3 959.7 7.00 0.1 2880 4 720.0 7.00 0.1 2881 5 576.2 7.00 0.1 2882 6 480.3 7.00 0.1 2883 7 411.9 7.00 0.1 2884 8 360.5 tit' Q (3Pm) 0 0 0 0 0 0 0 0 0 Comments ME OM In I MI = NM MN = IMM I M MN = MN M =I = 10 0 -10 -20 -30 -40 Aspen Equestrian Estates - Appaloosa Well Recovery as Residual Drawdown -•- 111-- 1 10 100 1,000 10,000 tlt' Figure 4 09114419 Zancaluila 4 Aisocialus AppoloosWPmpTIL 123 Equestrian Estates. The St. Finnbar Farm well is very similar to the Aspen Equestrian Estates well, as they both will draw water from the general aquifer associated with the Roaring Fork River alluvium. The two wells are approximately 800 feet apart. Because of their proximity and the fact that they are drawing water from the same aquifer, we feel that the water quality results from the St. Finnbar Well #1, Lot #1 may be used as a temporary substitute for the pending Fab analyses from the Aspen Equestrian Estates Appaloosa Well. The analytical results from the St. Finnbar well are attached. St. Finnbar Well #1, Lot #1 was drilled by Shelton Drilling Corporation. The test well is currently registered as a monitonng hole with the Division of Water Resources under permit No. MH -32679 and is located in the NE 1/4 of the SW 1 of Section 31, Township 7 South, Range 89 West of the 6th P.M. 2320 feet from the West section line and 2595 feet from the North section line. The approximate location of the well is shown on the attached project location map (Figure 1). St. Finnbar Weil #1, Lot #1 was drilled to a depth of 39 feet and constructed with a 5 -inch diameter steel well casing. The water bearing portion of the well is in the Roaring Fork River alluvium. This alluvial formation is under nearly all of the proposed St. Finnbar Subdivision. The static water level in the well on March 5, 1998 was 9.21 feet below the top of the well casing. From the above description, it can be seen that the Appaloosa Weil and the St. Finnbar Well #1 are very similar, Fire Flow Fire flow requirements for the subdivision will be provided by the use of a 200,000 gallon storage tank with a pump pressure boosting station. Bill Gavette with the Carbondale Rural and Fire Protection District has indicated that the fire flow required for this subdivision will be 1000 gallons per minute for two hours. The proposed water system improvements including the storage tank, booster pumps. and distribution system have been designed to meet this requirement. If you have any questions, please call our office at (970) 945-5700. Very truly yours, Zancanella and Associates, Inc. -7\10 kms. r"`; LAAL C.G64. '4 o Thomas A. Zancanella, P.E. Attachments cc: Jay Weinberg Ron Liston N:197000.5197420\GARasvenest.wod 4 Basalt Water Conservancy District Contract ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT JAY WEINBERG CONTRACT NO. 343 Application having been made by or on behalf of Jay Weinberg and hearing on said Application having been duly held. it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for 0.23 cubic feet of water per second from the District's direct flow rights and 38.2 acre feet per year (35.6 acre feet for domestic use and 2.6 acre feet for commercial use) of storage/augmentation water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use ofthe water allotted in the attached Contract_ upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. The Applicant has acknowledged that the land to be benefitted by the attached Contract is described on Exhibit "A" attached hereto and incorporated herein by this reference. 2. In the event of the division of the property served by this Contract into two (2) or more parcels owned by different persons, the Applicant shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property described in the Application on file with the District. The Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records ofthe Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District to enforce payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. 3. The Applicant shall provide the District proof that the proposed land use of the land to be benefitted by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided. 4. By acceptance of this Contract, Applicant acknowledges that within two years ofthe date hereof or such later date as the District may approve, the Applicant shall file with the Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the purposes hereinabove set forth or the Applicant's water allotment as provided in this Contract may be included in a water rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract holders included in such plan; provided that inclusion of the Applicant's water allotment in the District's plan of augmentation shall be at the District's sole discretion. The District may establish an augmentation plan fee to be paid by the holder of any Contract to be included within a plan of augmentation to be filed by the District, which fee shall be payable in advance of the inclusion of such Contract in a District plan of augmentation and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District -T- in completing said plan of augmentation, the District shall refund such excess to the Contract holder. 5. Any and all conditions imposed upon the release and diversion of water allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does not constitute the District's representation that the Applicant will receive a well permit or water rights decree for the land to be benefitted hereby. 6. If Applicant intends to divert water through a well or wells, Applicant shall provide the District a copy o f Applicant's valid well permit for each such well before the District is obligated to deliver water for the benefit of Applicant hereunder. Applicant must comply with the well - spacing requirements set forth in C.R.S. §37-90-137, as amended. if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. 7. The Applicant's property to be benefitted by the water allotted hereunder is located within an area in which the Applicant's diversion of water may require the augmentation of Blue Creek. The District has incurred extraordinary costs and expenses in connection with the acquisition of water rights which enable the District to augment Blue Creek. Therefore, the annual contract fee, as well as the Applicant's share of expenses incurred by the District in connection with the augmentation of Blue Creek, may be greater than such fees charged for contract allottees in other portions of the District; provided that such fees charged to Applicant shall not be greater than the fees charged to other allottees similarly situated in the area for which Blue Creek augmentation is required. The District may establish an augmentation plan fee to be paid by the holder of any contract to be benefitted by a plan for augmentation filed by the District. which fee shall be payable within thirty (30) days following the District's statement to the Applicant and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation. the District shall refund such excess to the Contract holder. Approved this 19th day of July, 1999. BASALT WATER CONSERVANCY DISTRICT Attest: By: �%-..-�— By: Barbara Mick - Secretary -2- Art Bowles. President 1 1 1 1 1 1 1 1 1 1 1 A ;parcel of Section 31, County of described as ccz � zo ter arzd af.45-t, Lr Rag. Land Surveyors and Engineers 811 Colorado Avenue Glenwood Springs, Colorado 81601 (303) 943-8664 PROP -77-1r' DESCRIPTION land situated in a pgrticrt of tots 3, 4, 6, 17, 13 and 19 cf Township 7 South, Range 87 West of the Sixth Principal Meridian, Garfield, State of Colorado, said parcel being more particularly follows: Ccl'rrEncirg at the Witness Corner to the Northeast Corner of said Section 31, a stcne in place; thence S.60°01'05"4. 23.0.39 feet to the Southeast Corner of Reception No. 279416, also belr.c a point on the westerly rig-of-'gy of Cour. r :cad No. 100, a rebar and can L.S. No. 10732 in place, the t'r'- Point c` Secirrino; thence 5.004'11'29"W. along said westerly rig --y 827.14 feet to a rehar and cap D.S. No. 10732 in plats; thence continuing along said westerly right -of -.ay S.03'56' 29"W. 117.74 feet to a rebar and cap L. S. Nc. 10732 in :lace; thence continuing along said westerly right-of-way 5.11°37'27"W. 299.44 feet; thence leaving said westerly right-of-way N.72° 1'32m4. along a line being northerly of Blue Creek 136.34 feet; thence continuing elcna a line ' .ny northerly of Blue Creak N.77°4:'52"rn. 317.09 feet; thence continuing along a line being northerly of Slue Creek N. 62°484 46mJ. 375.98 feet; thence continuing ;g along a lire being northerly of Slue Creek N.41°30'29"W. 89.74 feet; thence continuing along a lire king northerly of Blue Creek N.81°01'1714. 285.92 feet; thence N.13 12' 20"E. 120.00 feet to a point in an existing fence; thence {.76'47'40"W. along said existing fence 1038.73 feet to a point on the easter.y ine of parcel. 3 of 3eceticn No. 375658 (from whence :.sir and cap L.S. No. :0732 ' bears 5.00°00'18"W. 263.28 feet); thence N.00°00'13"E. along said easterly line 1013.61 feet to a point on the southerly richt-of-way of Colorado State Highway No. 82 as evidence' by axis i right -of - y monuments and the existing centerline (whence a ret r and cava L.S. No. 3317 bears S.CO°G4' 18"'r+. 3.99 feet) ; thence 5.79°56'58"E. along said southerly right-of-way 1982.77 feet; thence 5.10"30'58"W. along the easterly lire of said Reception No. 279415 :33.47 feet to a rebar and cap L.S. No. 10732 in place; thence 3.79'44'32"E. along the southerly line of said deception No. 279418 247.29 feet to the True Point of 3eoinnIroc; said parcel containing 57.889 acres. rrcre or less. 11 Together with a perpetual easement being a cordon of Parcel "a" shown in =eceution No. 37.5:58 situated in a portion of Lot 17 of Section 31. Tow s io 7 ifSouth, Range 87 West of the Sixt:t-inci a1 Meridian, County of Garfield,, State cf Colorado; said eas.<ent being more particularly described as follows: Commencing at the witness Cotner to the Northeast Co -"er of said Section 31 a IIstone in place: thence 5.8; "10' 2S"'W. 4257.59=eat to a paint an the southerly right-of-way of Sate Highway No. 82, the rue Point of SezinrtnC tierce S.00 00' 18"W. alona the easterly line of said Parcel "S" 1013.661 fee* to a 11ret an an isting fence; thence N. 75''47'40"w. alcng said fence 57.27 feet to a point on the westerly line of said ?a„t-cel "B" thence N. 00'07' 35"S along sal:: westerly line 1009.48 feet to a pairt cn the souther. right-of-way of said State Highway No. 82; thence 5.7n°56'S.: along said southerly right-cf- II way 64.25 feet to the True Point of 8er4n.^4n,c; said easement containing 1.456 acres. more or less. Irecft-rer. 2, 1987 BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 343 Pursuant to C.R.S. 1973, 37-45-131 Jay Weinberg (hereinafter "Applicant") has applied to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-101, et seq., for an allotment Contract for benetzcial use of water rights owned. leased, or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following terms and conditions: 1. QUANTITY: In consideration of the covenants and conditions herein contained. Applicant shall be entitled to receive and apply to beneficial use 0.23 cubic feet of water per second from the District's direct flow rights and 38.2 acre feet per year (35.6 acre feet for domestic use and 2.6 acre feet for commercial use) of storage or other augmentation water owned or controlled by the District. 2. SOURCE OF ALLO 1 1 ED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit. Landis Canal, Stockman's Ditch Extension. Troy and Edith Ditch, Robinson Ditch, or other decrees or water rights hereafter acquired by the District, including the District's contractual right to receive storage water from Ruedi Reservoir and Green Mountain Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange or augmentation releases made from the District's storage rights in Ruedi or Green Mountain Reservoirs or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the Districts delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green Mountain Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto, 3. PURPOSE AND LOCATION OF TJSE: Applicant will use the waters herein granted for beneficial purposes Limited to the augmentation of existing and future wells and other water sources. within or through facilities or upon lands owned. operated. or served by Applicant. which lands are described on Exhibit "A" attached hereto, provided that the location and purpose of Appli- cant's use of said water shall be legally recogi7ed and permitted by the applicable governmental authority having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: X DomesticfMunicipal Industrial X Commercial — Agricultural Other Applicant acknowledges that usage of the District's water rights as herein contemplated shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own. the right to use t tt$ 1161.1 f 010 101 1 certain waters. It is acknowledged that certain locations within the District may not be susceptible to service solely by the District's water rights allotted hereunder or the District's said water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant may, utilize such other water rights, by way of supplementing the District's water rights. or otherwise. as. is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however. in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract. Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be solely responsible for providing works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the Districts applicable water right and neither the District, nor those entitled to utilize the Districts decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees. may call on any additional sources of supply that may be available at an alternate point of diversion. but not at the original point of diversion. only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event. the District shall have the right to approve the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the Water Court in the adjudication thereof. 4. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full. within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant. among other things. of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date. written notice thereof will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after said written notice, the District may, at its option. elect to terminate all of the Applicant's right, title,. or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation. quasi -municipal entity, or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract is valid and in force, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis, 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor. assign. or lessee of said Applicant without the prior written approval of the Board of Directors of the District. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation district or other special district properly organized and existing under and by virtue of the laws of the State of Colorado and then only if such association or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion. but less than all, of the Applicant's property to be served under this Contract, have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment ofthe Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District may hereafter adopt regarding assignment of Contract rightsand the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant. or any successor to the Applicant. responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 7. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time: provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by the provisions ofthe Water Conservancy Act ofthe State of Colorado, the Rules and Regulations of the Board of Directors of the District. the 3 plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment. all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an "Operation and. Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain. but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for exten- sion of District services and for additional administration, operation and maintenance costs. or for other costs to the District which may arise through services made available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25. 1979. and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District. but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 13. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District. as the same may be amended from time to time. 14. WELL SPACING REQUIREMENTS: Applicant must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended. if applicable. Compliance with said C. "M 111 eliSIAIIIMWItU MUCOM . CIA 14 I 4 statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. 15. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. APPLICANT: Jay Weinberg Applicant's Address: c/o Patrick & Stowell, P.C. 730 E. Durant Aspen, CO 31611 STATE OF COLORADO } ss. COUNTY OF } Subscribed and sworn to before me this day of , 1999, by Jay Weinberg. WITNESS my hand and official seal. My commission expires: Notary Public 5 1 1 1 1 1 1 1 1 1 1 1 1 c.1^ d rieVaiL +. j L.7, . R -ea. Lard Surieyors and Engineers 811 Colorado Avenue Glenwood Springs, Colorado 51801 (303) 94;58664 03.S ::td.PT: Pi A marce1 of lard situated in a portion o,: Lots 3, 4, 6, 17, 18 and 19 c: Sebticn 31, Township 7 South, Range 67 West at the 5;:.. n . __..cxpal Menid:a^., County of Garfield, State at Colorado, said parcel being core 7P7t1oulariv described as follows: Commencing at the Witness Corner to the Northeast Corner of said Section 31, a stoat in place; thence S.50'01'05"W. 9 f the Southeast Corner Cf 23 �.��` 1...._t to Li ..y-..,a�34 Reception Na. 279416, also beino a point on the westerly -; t- -'..ay of County Road No. 100, a mbar and cap L.S. Na. 10732 in~place, the True oi:^t c,: Be -inning; thence S.00'11'29"Tr~. along said westerly right-of-way 827.14 feet to a ren and cam I.S. No. 10 732 in place; tape -ac$ cont4nuing air= said westerly richt-of-way S.03°56' 29'FM. 117.74 feet to a rer_.a_r and ca L. 5. No. 10732 in place; thence continuino alone said westerly t -of '. r S.11°37'27"W. 299.44 feet, thence leaving said westerly right -of -say N.72641'32"Tri. along a line being northerly of 81i Creek 136.34 feet; tY ^_ce cont4nuing along a lire 'e_. , rt ter y of Blue Creek N. 7 '44' c2"W. 317.09 `eet; t: m^oe continuingalcnc a 14-c be'^.3 northerly of 31u. Cr k N.62°43'46"W. 375.08 _ t; thence a con 4'_nt:...:.:= alcnr, a line being. northerly of Blue Creek U.41G301294. 99.74 feet; thence continuing along a lire being northerly of glue Creek ;i.81°01"17"T4. 265.92 :e; thence N.13' 12' 20"S . 120.30 feet to a pain in an existing fence; thence N. 75'4 (' 4017 4. along said e.x stir -fence 1038.73 fact to a mai^t on the easterly line of Parcel 3 of F septi No. 375558 (from whence rebar and cap L.S. Nc. 10732 ' bears S.00•00'18"W. 263.28 feet); thence N.CO°C0' 18"3. along said easter 1v lire 1013.61 feet to a point an the southerly right-of-way of Colorado State Highway No. 82 as evidenced by existing right -of -Kay monuments and the e. sting centerline (whence a ratan and cap L.S. No. 3317 ears 5.00°00'18"W. 3.99 feet) ; thence S.79'56'55"3. along said sou. -"e -1v _ r.:_t-f- y 1962.77 feet; thence S .10'30' 58"'ri. along the easterly lir- of said Reception No. 279415 _22.47 feet to a ram and ram L.S. No. 10732 in pace; thence S.19"44'32"Z. along the southerly lire of said Reception No . 279416 247.29 feet c the True Faint of 3eoinnino; said parcel containing 57.889 acres, more cr less. 7'ccether with a merpet::al easement being a -tion of ?aroel "3" shown i Re eution Na. 375558 sited in a portion cf Lot 17 of Section 31 tcne'snip 7 South, Range 87 West of the Sieh ?-:-i;:c{pal Me-idzan, County of Garfield, State Iof Colorado; said assent being more r=-ticu.larly described as fol "lochs cmmercing at the W i ^Ness Corner to to Northeast Cor:-eP of said Section 21, a 11 szcne in place •.` mace 5.81•10'28"W. ," 2 p 59 � - es yher: `i 7.77. 7 Leaf to a paint C•: V.•... SCr � .. �I z-ai A4ay o State HSC:.. -v No. 62, th .r. -b =Lo of eoii r :c.; thence s.00'00' 15"W. alone the east' -_'y line of said ?-a=c_1 ''3" 1013.51 feet to a I/ paint cm an existingfence; thencI. ;a°4 7' 40' . a.&efencesaid fence 67.27 feet to a coint cit the westerly 1 r of said Fa:.cel "3"; thence N.00'07'35":.. along said :aestar y 1' 1009.48 feet to a point+.� c.s southerly right -of -Kay of IIsaid Sate +1-:igh:-ay iso. 32: ther.c S.19'56'55' along said scutherlY rfiynt-0f i+ay 64.35 feet to the Tr -e. ?dint or Becihninc: said easement containing 1.496 acmes, rare or less. IIZecernber 2,1937 1 Water Quality 1 1 IF___ .BRINGER LA.B ORATORIES, IVC W. G'iH AVE.. SUITE300 GOLDEN. CO 80401 (303) 277-1687 FAX (303] 277-1689 Colorado Department of Health - Drinking Water Section REPORTING FORM FOR PHASE I,II,V ORGANIC ANALYSES ,AMPLER: PLEASE FILL OUT ONE FORM FOR EACH INDIVIDUJAL SOURCE/PLANT or COMPOSITE SET ES $%l or NO [ ] THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS 112WSID 4: Not Apo COUNTY: Garfield DATE COLLECTED: 03/06/98 1 SYSTEM/ESTABLISHMENT NAME: St. Finnbar Farm, c/o Zancanella & Assoc SYSTEM ADDRESS: 1005 Cooper Ave Glenwood Sours CO 81601 Street address/PO Box CIT, STAT' - 11? 'CONTACT PERSON: Mark Haves PHONE :(97©)945-5700 SAMPLE COLLECTED BY: Mark Haves TIME COLLECTED:11:10 AM WATER TYPE: RAW [X) or CHLORINATED [ 1 or OTHER TREATMENT [ J 1OURCE(S): LOCATION(S): - address SAMPLE POINT(S): ire!? 1. Lot 1 In Meld of Ctv Rd 100 Wellhead, no treatment DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY? YES [ ] or NO [X] f yes, record information for second source or second PWSID# °URC.E(S) LOCATIONS) : - address SAMPLE POINT(S): 1 ;:AEORATORY SAMPLE # 981579-1 CLIENT NAME or ID# IABOTORY NAME BARRINGER LABORATORIES. INC. LAB PHONE f303) 277-1687 UTE RECEIVED IN LABORATORY 03/09/98 DATE ANALYZED 03/10/98-03/19/98 COM!ENTS: 1 r Meeting The Analytical Challenges OfA Changing World Since 1961 1 1 l[hloroform Bromodichloromethane rb0r0di0m0m ©mae orm ONTAMINANT �8AI1 "INGE.R LABORATORIES, INC 15000 W. 6TH AVE, SUITE 300 GOLDEN. CO 80401 (303) 277-1697 FAX (303) 277-1689 UNREGULATED VOCs (TRIHALOMETHANES) (ug/1) CAS# RESULT 67-66-3 BDL 75-27-4 BDL 124-48-1 BDL 75-25-2 BDL (ug/1) EPA (ug/1) BLANK METHOD Lab MDL RESULT 524.2 0.5 BDL 524.2 0.5 SDL 524.2 0.5_ SDL 524.2 0.5 SDL 1 REGULATED ItONTAKNANT , 1-Oichloroethylene 1,1,1 -Trichloroethane ,1,2 -Trichloroethane 11,2,-Dichloroethane 1,2,-Dichloropropane II7,4-Trichlorobenzene enzene Carbon tetrachloride IIis-1,2-Dichloroethylene ichlorornethane Ethy1benzene II onochlorobenzene -Dichlorobenzene oara-Dichlorobenzene Ityrene =trachlaroethvlene . oluene -.pans-1,2-Dichloraethylene Iub0rchhyne 0et1e nyl chloride (vlenes (total) 11 REGULATED 1 :oNTAMTNANT toxizl 4,-D -TP Nlachlor trazine nzo (a) pyrene :arboturan lordane lacnon 7ibromochloroprooane litnoseb crust 1 ORGANIC CHEMICALS --VOCs (ug/1) (ug/1) (ug/1) EPA (ug/1) BLANK CAS# RESULT MCL METHOD Lab MDL RESULT 75-35-4 BDL ___ 7 524.2 0.5 BDL 71-53-6 BDL 200 524.2_ 0.5 BDL 79-00-5 BDL 5 524.2 0.5 SDL 107-06-2 BDL 5 524.2 0.5 BDL 79-37-5 BDL 5 524.2 0.5 SDL 120-62-1 BDL 70 524.2 0.5 BDL 71-43-2 BDL 5 524.2 0.5 BDL 56-23-5 SDL 5 524.2 0.5 BDL 156-59-2 BDL 70 524.2 0.5 BDL 75-09-2 SDL 5 524.2 0.5 BDL 100-41-4 SDL 700 524.2 0.5 BDL 108-90-7 SDL 100 524.2 0.5 BDL 95-50-1 SDL 600 524.2 0.5 BDL 106-46-7 BDL 75 524.2 0.5 BDL 100-42-5 BDL 100 524.2 0.5 BDL 127-13-4 SDL 5 524.2, 0.5 BDL 108-68-3 BDL 1,000 524.2 0.5 SOL 156-60-5 SDL 100 524.2 0.5 BDL 79-01-6 BDL 5 524.2 0.5 SDL 75-01-4 BDL 2 524.2 1.0 BDL 1330-20-7 BDL 10,000 524.2 0.3 BDL ORGANIC CHEMICALS -SOCs CAS# 1746-01-6 94-75-7 93-72-1 15972-50-3 1912-24-9 50-32-8 153-66-2 57-74-9 75-Q9-0 96-12-8 85-85-7 85-00-7 (ug/1) (ug/1) (ug/1) EPA (ug/1) BLANK RESULT MCL METHOD Lab MDL RESULT SFT 0.00003 NT BDL 70 515.1 0.3a BDL SDL 50 515.1 0.12 BDL BDL 2 525.2 0.3 SDL SOL 3 525.2 0.3_ BDL BDL 0.2 525.2 0.1 BbL BDL 40 531.1 1.5 SDL BDL 2 505 2.0 BDL BDL 200 515.1 1.0 BDL BDL 0.2 504.1 0.025 SDL SOL 7 515.1 0.30 _ BDL ADL 20 549.1 5.0 BDL Meering The Analytical Challenges Of A Changing World Since 1961 LABORATORY NUMBER L.,100042 PW. 3# Nct Arm 1Ili._ ItONTAMINANT BARRINGER LABORATORIES, INC 15000 W. 6TH AVE.. SUITE 300 GOLDEN, CO 80401 X303) 277--1687 FAX (303) 277-1689 REGULATED i(2-echylhexyl)adipate Di(2-ethvlhexyl)phthalate indothall .ndrin Ethylene dibromide S lyphosate eptachlor :Heptachlor epoxide Lexachlorobenzene exachlorocyclopentadien.e Lindane Iechoxvchlor xamvl Pentachlorophenol. �cloram alycnlarinated biphenyl's imazine Toxaphene 1 CCNTAMII' ANT ORGANIC CHEMICALS--SOCs (CONT.) CAS# 103-23-1 117-81-7 145-73-3 72-20-8 106-93-4 1071-53-6 76-55-8 1024-57-3 118-74-1 77-47-4 58-89-9 72-43-5 23135-22-0 87-86-5 1918-02-1 1336-36-3 122-34-9 8001-35-2 (ug/1) (ug/1) RESULT MCL BDL BDL BDL HDL BDL NT BDL BDL SOL BDL BDL BDL BDL BDI. BDL BDL BDL BDL (ug/1) EPA. (ug/l) BLANK METHOD Lab ?IDL RESULT 400 525.2 0_.5 SOL 6 525.2 0.8 SOL 100 548.1 20 BDL 2 505 0.070 SOL 0.05 504.1 0.025 HDL 700 NT 0.4 525.2 0.2 SOL 0.2 505 0.055 SOL 1 525.2 0.2 BDL 50 525.2 0.1 BDL 0.2 525.2 0.1 BDL 40 505 0.25 BDL 200 531.1 2.0 SDL 1 515.1 0._10 SOL 500 515.1 0.10 SOL 0.5 505 0.50 SQL 4 505 4.0 SOL 3 505 3.0 SOL UNREGULATED ORGANIC CHEMICALS--SOCs ILiydroxycarbofuran idicarb .Zldicarb sulfone Ildicarb sv.lfoxide ldrin Eurachlor Iarbaryl icamba ieldrin 'rreehomyT Iletolachlor etribuzin erooachlor 11 1 01"rTr.MINANP (ug/1) CAS# RESULT (Unk) BDL 1.16-06-3 SOL 1646-87-4 SOL 1646-87-3 SOL 309-00-2 BDL 23814-66-9 8DL 63-25-2 BOL 1989-00-9 BDL 60-57-1 SOL 16752-77-5 SOL 51218-45-2 BDL 21087-64-9 SOL 1918-16-7 BDL (ug/1) EPA (ug/1) BLANK METHOD Lab MMM RESULT 531.1 2.0 SOL 531.1 1.0 SOL 531.1 2.0 BDL 53/.1 2.0 BDL 505 0.075 BDL 525.2 0.2 SOL 531.1 2.0 BDL 515.'- 0.16 BDL 505 0.055 BDL 531.7 0.5 3DL 525.2 0.2 BDL 525.2 0.2 BDL 525.2 0.2 SOL UNREGULATED ORGANIC CHEMICALS --VOCs Hl-Dichlo_oethane I/ Dchloropropene -, 1, 1. 2-Tecrach1oroethane ',1,2,2 -Tetrachloroethane 11 3-Triczlorobenzene r2,3-Trichloropropane 1 (ug/1) CAS# RESULT 75-34-3 HDL 563-58-6 SOL 630-20-6 BDL 79-34-5 SOL 87-61-6 BDL 96-18-4 SOL (ug/1) EPA (ugjl) BLANK METHOD Lab MDL RESULT 524.7 0.5 3DL 524.2 0.5 BDL 524.3 0.5 SOL 524.2 0.5 301 524.2 0.5 SOL 504.1 0.050 SOL Meeting The Analytical Challenges Of A Changing World Since 1961 1 1 iLtlh3lJmalumx NUIYait.X._ iUUU42 ill IIONTAMTNANT BARRINGER LABORATORIES, INC 15000 W. 6TH AVE.. SUITE 300 GOLDEN. CO 80401 (303) 277-1687 FAX (303) 277--1689 UNRE GULATED , 2, 4-Trimethylbe.nzene 1,3-Dichloropropane ,3-Dichloropropene ,3,5-Trimethylbenzene 2,2-Dichloropropane 11 romobenzene rcmochloromethane Bromomethane hloroethane 11 hloromethane ibromamechane ichlorodifluormethane 11 luorotrichloromethane exachlorobutadiene rsouroulbenzene •acnthalene -Dichlorobenzene . - 3utylbenzene tPropu?benzene -Chlorotoluene 2-Chlorotoluene Ltsopronvltoluene c-buey1benzene :'3 rc-butylbenzene 1 ug INO!D Map ORGANIC CHEMICALS -- VOCs ( CONT . CAS # (ug/1) RESULT 95-63-6 SOL 142-28-9 SDL 542-75-6 BDL 108-67-8 BDL 590-20-7 BDL 108-86-11 BDL 74-97-5 BDL 74-96-4 BDL 75-00-3 BDL 74-87-3 BDL 74-95-3 SDL 75-71-8 BDL 75-69-4 BDL 87-66-3 BDL 98-82-2 BDL 541-73-1 SDL 91-20-3 SDL 104-51-8 SDL 103-65-1 SDL 95-49-8 BDL 106-43-4 HDL 25155-15-1 SDL 135-98-8 HDL 98-06-6 HDL EPA (ug/1) BLANK METHOD Lab MDL RESULT 524.2 0.5 SDL 524.? 0.5 BDL 524.2 0.5 BDL 524.2 0-.5 SDL 524.2 0.5 SDL 524,2 0.5 BDL 524.2 0.5 SDL 524.2 1.0 BDL 524.2 1.0 SDL 524.2 1.0 SDL 52.2 0.5 BDL 524.2 1.0 BDL 524.2 0.5 SDL 524.2 0.5 BDL 524.2 0,5 SDL 524.2 0.5 BDL 524.2 0.5 SDL 524.2 0.5 HDL 524.2 0.5 SDL 524.2 0.5 HDL 524.2 0.5 BDL 524.2 0.5 SDL 524.2 0.5 BDL 524.2 0.5 SDL $oes Used: IT= ILL 1= 1 1 1 Not Tested for Compound The analyte is found in the associated blank as Indicates that the compound was analyzed for, MDL = Laboratory Method Dectection Limit n_d±cakes the presence of a compound that meets criteria but the result is less than the sample and greater than the Lab MDL. (Above the Lab MDL but below the PQL.) 177 :evieS ed c Approved Y well as in the sample but was below the Lab MDL. the identification cruanitation limit and 3)--?61-AAA46. Title ..L ZESUL7S 70: Colorado Department of Health, WOW -DW -32, 4300 Cherry Creek South. 1 Date Denver, CO ti0222-1570 Meeting The Analytical Challenges Of A Changing World Since 1961 1 1 • BARRINGER LABORATORIE,S, INC 15000 W. 6TH AVE, SUITE 300 GOLDEN, CO 80401 (303) 277-1887 FAX (303) 277-1689 Colorado Department of Health - Drinking Water Section REPORTING FORM FOR CRIGINAL,PHASE II,V INORGANIC ANALYSES 1ALER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT or COMPOSITE SET YES [X1 or NO [ I THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING IFMSID #: Nat ADO COUNTY: Garfield DATE COLLECTED: 03/06/98 SYSTEM/ESTABLISHMENT NAME: St. Finnbar Farm, c/o Zancanella _&-Assoc SYSTEM ADDRESS: 1005 Cooper Ave Glenwood Spras CO 81601 Street address/PO Box C,T{ STATE ZIP ONTACT PERSON: Mark Haves PHQNE:(970)945-5700 SAMPLE COLLECTED BY: Mark_Haves TIME COLLECTED:11:10 AM MATER TYPE: RAW [XI or CHLORINATED [ 1 or OTHER TREATMENT [ 1 SOURCE(S): LOCATION(S): - address SAMPLE POINT(S): Ir. 1, Lot 1_ In field off CYY Rd 100 Wellhead, no treatment DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY? YES [ ] or NO [X] LABORATORY SAMPLE g 981579-1 CLIENT NAME or IDg LABORATORY NAME BARRINGER LABORATORIES, INC LAB PHONE (203) 277-1687 tATE RECEIVED IN LABORATORY 03/09/98 DATE ANALYZED 03/12/98-04/03/98 OMaMENTS : - (mg/L) (mg/L) EPA (mg/L) IIARAMATER RESULT MCL METHOD Lab MDL ANTIMONY BDL 0.006 200.9 0.005 IRSENIC BDL 0.05 200.9 0.003 ARITJM 0.04 2.0 200.7 0.02 BERYLLIUM 3DL 0.004 200.7 0.004 ASM I TM 3DL 0.005 200.7 0.002 HROMItJM BDL 0.1 200.7 0.01 COPPER BDL 1 .3* 200.7 0.01 TANIDE BDL 0.2 335.4 0.01 LUORIDE 3DL 4.0 300.0 0.1 LEAD BDL 0.015* 200.9 0.002 MERCURY BDL 0.002 245.1 0.0002 ICKEL BDL 0.1 200.7 0,04 . ELENILM BDL 0.05 200.9 0.005 =vDIUM 6 ** 200.7 1 ILULFA'IE 148 500.0** 300.0 - 1 _:-1 LLIuM BDL 0.002 200.9 0.001 111 - 4 :tot .astad .'..or Compound 3 = 7`e analyte _s 'found in :rm. associated blank as well as in the -amo . = :i :::,-um Contaminant Level a MM. • Laboratory Method veteccion Limit r-------- 1 .-gyri -wed & Approved by 1 mg/4 = Milligrams ger L_ter • - NOT an t!CL. "Accton ..on Level" •� - :NOT an MC '^1onitorjr.g Requirement Cray" H _ Holding time has been exceeded Mr•,. , �cnc. cr 1 I /) /ill Tit e Date RESWLT3 70: Colorado Department of Health. xQ-OW-B2. 4300 C_2 -_f Creek South. Denver, CO 202.22-130 Meeting The Analytical Challenges OfA Changing World Since 1961 Monitoring Hole and Well Construction Report 24 41r*.m v- rr.... .-.._•. Landownees Negrle Prashara Farms wall owner,' Name Preshajia Far: S E J. * 13= �� y�•-rL Lots loot; ` r iThLI . S t'rtlft - T QYtrn glia WS, Range _ I Ma i' Pm. C irty rl ~ R i d Hole(33 to be Canmucted: Number 4 Estimated Depth _ 200 FT, Type 3' Luivur� Purpose of Mani[ering i-Poie(si to test "r?r 1101 i tv x awantity of SE�ter not prior to 72 hra :.ic. Approximate Oats of Constructs° truer Lic.. ,' Io. Cif 30602)131e) Cartstutarrt or Ore)ier ?a nca,,P113 '-1S r, rzr" at'. PS phone 970 944-5700 Contact Cath Queen Fax Na. Address 1005 Cooper Avenue C:t1►. State. Glenwood Springs, CO 81501 g70 g4*"3L253 e€��� ct� Srrtats*tic-S MH- 36529 ACKNOWLEDGEMENT FROM STATE ENGINEER'S OFFICE Fon OFFICE USE ONLY PROCESSED BY _ V1kJ P ? DATE .acacNGwi EDGED 17107 DATE NOTICE RfvEla f]ay. Cnuwr WO GROUND ELEV USGS MAP NO. CON©ITONS OF MONITORING HOLE ACXNOWLrMGEMENT A COPY CIF -ME WRITTEN NOTICE Oft ACXNOWL1r�G ME3YT SHALL 3E AVAILABLE AT 11 1?Brl.L NG SITE. Nouse Wee provlo.a to the State Enepnetr ■t least 3 day: nnar to construction of rnerotorrnq & vst r r,arlsi. Cnnsvtrccon of M. hauls* must be combated unseen 90 owe of the den notice was dorm to The Stele &wormer. Tsstmq an uor Dutstautq shad not exceed s total 04 2,00 hours unless veto, wrritart speravel es ad[*trred trern the Slats Enairemr. Water averted Owns* rescue +QJjmot Ns weeds for merteholel Wwpaemas. The owner at Lha hede(el ,s reeaerteWe for ooterninv porrnmeis dna corm/wig *nth oil rules end reguisaarr pertain:mtq to ter cisme a1 fluids orpWcad Blend "tall n r. AM want must comply +yew' Ute'VVbcas' Weil C.-vsauction livres, 2 CC 4C2-2. .Varcrnum construction ster+oarda must be met or s uanence octane°. Wall Coneteuctson end rest figwort* (CWS -.311 mast be to m ztntt to the bfficn better +wane.o contractor or eutncrersa inerv,w■a unhurt 60 drool tlts carnet*uan of Me wart.. .Zpppcellon tD verrnrt rsxrsrrnq roar lane and oto:*' etson noses onouic1 reference til. MN number hoer wMcn .he revert wart ills° or toe accorwoeroe° be a Y of the report. Unseat a w■d pelmet is aotextsa. :.?le n gefel must be peroome ono sealed within ore (1 I Wei and/ corletructian. an Alranionrnenr aaptut (farm WS -3) mum be suarrrrtteo wnrort 90 lire of owgglnr7 4 rerrrtq. The owner of 'me rio►slsi Snou+d rreetaut records or water cuerty tsatmq and swore rt arae lista to me State Enetne+er AA on request_ The moneonrtq hots number. o.r. "rwrleei atructsata darns. arra nor. owner's morns aro asserts; ,fit 5e pravrada an all w.ri perrnrt nW/wtaor.ntea. .salt cdnetrut tiara aria saandortmsnt reporter. .i manrufnnp roue can not 5s converted to a proouctltan -.alreCer well (anter ".Haat r racarverw wed) krtEcss the hale clr we 11 veil= 'narnhiry _bnssndctpd ba a .cernt.d wad construction contractor_ "143 ActchtoWt.ErtatEmEN1 OF Wonte =Es NOT INDICATE '"IAT 'NELL $ERMITtS) CAN SE APPROVED. Additional Car*aAwns COLCRAOO OatvIS1CN OF WATER RESOURCES -1313 SHERMAN S T -AM 321-CENVRR-00 aozoa 20.3 -X56 -35a1 /FAX 303-366-3`58 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER WELL PERMIT NUMBER MH -36529 Owner Names) Pershana Farms Mai#irx� Address : % 7_anc r'tella & Assoc. PO Sax 1908 City, St Zip Glenwood Springs. Co. 81602 Phone (970) 945-5700 R OFFICE USE ONLY APPROVAL t Q31-91-ri3 AELL LQCATIQN A$ DRILLED: DISTANCES FROM SEC. LINES. ft. from SUBDIVISION : 51 FEET ADDRESS AT WELL LOCATION : 4i ---ROUND SURFACE ELEVATION SE 1/4 NW 114 Sec. line. and DATE COMPLETED 09/09/99 31 Twv. 07S ft, from LOT BLOCK Range 87W Sec. !ine. CR FIL1NG(UNI i') it. DRILLING METHOD Air Rotary TOTAL DEPTH 40 ft.. DEPTH COMPLE i t=D 40 ft. 5. GEOLOGIC LOG : T 8. HOLE OJAM. lin) FROM rm TO rttl Depth Type of Matena$ (Size, Color. aril Type) 6,5 0 40 000-025 Boulders. ROCKS. Gravers ' 025-C39 Sand. Gravels x099-040 Shade 7. PLAIN CASING OD (in) Kind Wal Size r roes (ft) To f rt1 5.5 Steel 0.188 -1 33 5.5 Steel 0.188 38 40 1 . PERF. CASING . Screen Slot Size . 100 5.5 SS Screen 33 - 38 J. WATER LOCATED 1a - 39 _ 8. Filter Paas Material Size - Interval 9 Packer Placement Type Depth 1 10. GROUTING RECORD Amount cement I 3 sks 16 gal rTa rang Piacarrong 5-15 poured 11. DISINFECTION Type HTH Amt. Used 2 oz. 12. WELL TEST DATA [ ; Check Brno if Test Data Is Submitted On SuPp}emental Form. TESTING METHOD Air Compressor Static Level 5 't. DateITime Measured 09/09/1999 Production Rate Pumping Levet Total ft. Date/Time Measured 09/09/1999 Test Length Remarks 10 Spm 2 firs. rm.. read I .. mryurn.na noes nwwc ■ nM 1Tw a rr Conan= Mamma, boa Trill -wry err atl4 an riff lmi ._ _. . l maim m :iscni.+ra c 4-4-144 i 131431.lam. CIM rmaio q a1 giro irarar4my• c r+s)sams pow! n trra m car• Myron aro s w+lauti as ■ coral nwMsnwrwm.l CONTRACTOR Shelton Drilling CorM. Phone (970) 927-4182 %MilAddress P O 9rix'1759 - a,IL C0 "f _ —� 1 is No. i095 ',image 1 Title (Please Type or Print) Sign Date 09114199 'vne Shelton/ President ify September 28, 2000 Vii indr iv e r Holdings, LLC Rob Cumming 19351 Highway 82 Carbondale, Colorado 81623 Re: Blue Creek, Water Supply SE Job No. 20089.01 Dear Rob: One option for Blue Creek water supply system to is to make an agreement with the Aspen Equestrian Estates to connect to their existing water system. We have based the in.forrnation about the Aspen Equestrian Estates wafer system and water requirements on information received from Zancanella and Associates on September 21. 2000. Aspen Equestrian Estates water system and requirements Aspen Equestrian Estates (A.EE) water system includes three wells. Two wells are designed to pump 75 - gallon per minute each to a eater treatment system and then into a 200.000 -gallon storage tank. Only one of these wells has been installed at this time. A third well on site is not connected to the tank at this time and is being used for non -treated irrigation water. Water from the tank is pumped into the domestic AEE water system through two variable speed pumps each with a capacity of up to 100 gpm at 75 psi. A location for an additional variable speed pump is available in the pump house. The estimated average flow for the 80 units at AEE during the peak month of June is 52.6 gpm. Assumptions are that each residence .■-• has 3.5 people at 100 gallons per person per day. Also 3400 square feet of lawn irrigation per unit. A fire pump located in the pump house; is rated at 1500 Rpm at 45 ps. A suction fire hydrant 'located near the AEE tank is provided to connect to a fire track pumper incase of power outage. An 8" water main is in place trona the pump house to a fire hydrant within 100 feet of County Road 100. The approximately length of this main is 665 LF. Blue Creek Requirements The 8" water main on the AEE property will have to he extended approximately 167 feet across County Road 100. From this point we recommend an 8" looped main system on the Blue Creek property. We estimate that two 1500 L.F. legs would serve the proposed residential properties. Our calculations indicate that at the farthest point on the 8" main, 1500 gallon per minute would be available at 25 -psi pressure. Approximately 1600 l±pm fire flow should be available at 20 psi according to the pump curve and friction loss calculations. The estimated average flow for 42 units at BIue Creek for the month of _Tune is 30.5 wpm. We are assuming 3.5 people per lot at 100 gallon per person per day. Also 3400 square feet of irrigated area tor luxury homes and 2500 square feet area for medium density, homes. The addition of a third pump in the AEE pump house is possible if additional flow is required. Blue Creek and Aspen Equestrian Estates combined recruirements The peak month demand for the month of lune would be 52.6 gpm at AEE plus 30.5 gpm at Blue Creek for a total of 83.1 spm_ The two existing wells can supply 150 gpm_ An additional well needs to be brought on line at build out. We would recommend that the additional well have a minimum capacity of 50 gpm flow. 502 Main Street • Suite A3 Carbondale, CO 81573 - (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENOINEERINC • LLC civil consultants SE SOB 99089.01 September 7, 2000 Page 2 Fire flow storage requirement is 160,000 gallon to maintain 1500 gallon per minute for a 2 -hour period. Typical storage for domestic use is 2 days of average daily demand. Water storage for AEE would be 236,000 gallon. Storage for Blue Creek would be 209,4.00 gallon. Total storage for AEE and Blue Creek combined in the same system would be 265,400 gallon, (((80 units +42 units) x 3.3 cap/unit x 100 g,pcd x 2 clay) +180,000 fire flow reserve). Since the system's water source is from two, possibly 3 separate wells, we can assume that one well will be active at all times- A well pumping 5 -gallon per minute or 108,000 gallon per day can be subtracted from the required domestic use storage. Summary The AEE water system is adequate to supply fire flows and domestic water needs for the Blue Creek Project In our opinion the existing 200,000 storage tank located on AEE property is adequate to serve both projects. We would recommend that as the two projects develop, an additional variable speed pump be brought on line. Also we recommend an additional well be permitted for future connection as the projects reach full build out. We would also recommend that Blue Creek develop an on-site separate non -treated irrigation system. If you have any questions or need any additional information please give us a call. Sincerely, SOPRIS ENGt ENG Mark A. Butler, P.E. Project Engineer Yan ` Nichol, P.E. Principal Cc; Glen Horn Tom Zancanella TOTF L P.07 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 [] or NO 1] THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS PWSID #: N/A COUNTY: Garfield SYSTEMIESTABLISHMENT NAME: Asven Equestrian Estates c/o Zancanella & Assoc. SYSTEM/ADDRESS: 1005 Cooper Ave, Glenwood Springs STREET ADDRES&PO BOX CONTACT PERSON: Mark Haves SAMPLE COLLEC 1 LD BY: Mark Haves WATER TYPE: RAW [X] SOURCE(S): Arabian Well DATE COLLECTED: 12/4/01 iTrY PHONE: (970) 945-5700 TIME COLLECTED: 11:30 am CHLORINATED r] LOCATION(S): Behind Equestrian Way Paunphouse CO 81601 STATE VP OTHER TREATMENT [] SAMPLE POINT(S): Well Head Before Treatment DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY? YES 11 OR NO Ix] For Laboratory Ilse Only Below This Line LABORATORY SAMPLE #: 01-6570-01 LABORATORY NAME: Evcrercen Analytical Laboratory DATE RECEIVED IN LABORATORY: 12/5/01 COMMENTS: CLIENT NAME OR ID#- AEE/ARABIAN WELL LAB PHONE: (303) 425-6021 DATE ANALYZED: 12/6/0 1-12/10/0 I PARAMETER RESULT (mg/L3 _ MCL Ong/L) EPA METHOD LAB MDL (mg/LU ANTIMONY_ BDL 0.006 200.8 0.002 ARSENIC _ BDL 0.05 200.8 0.01 BARIUM BDL 2.0 200.8 0.2 BERYLLIUM BOG 0.004 2011.8 0.001 CADMIUM BDL 0,005 200.3 0.001 CHROMIUM BDL 0.1 200.3 0.02. COPPER BDL I.3* 200.8 0.1 CYANIDE BDL 0.2 SM4500-CN E 0.01 FLUORIDE _ BDL 4.0 SM4 ?00-F C 0.4 LEAD _ BDL 0.015* 200.3 0.005 MERCURY BDL 0.002 245. I 0.0002 NICKEL BDL 0.1 300.8 0.02 SELENIUM BDL i0.05 200.8 0.01 SODIUM 6.2 I ** 200.8 1 SULFATE - 164 1 500.0** 300.0 0.5 THALLIUM BDL J 0.002 200.8 0.001 NT = Not Tested for compound rngfL = milligrams per Liter MCL = Maximum Contaminant Lcvcl LAB MDL = Laboratory Method Detection Limit H = Holding Time has been exceeded BDL = Below Detection Limit * = Not an MCL. '"Action Level" ** = Not an. MCL, -Monitoring Requirement Only" 1 -cin !� v c ,-r.J�' +'. l .2./2 /01 Reviewed and approved by 'i'itie / Date MMAli. RESULTS TO: Colorado Department of I'tiblie Health and f:nvironntenl. WQCD-DW-132. 133)0 Cherry Creek Drive Suath, Denver. CO. 130 22 2-1 5 30 Colorado Department of Public Health and Environment — Drinking Water Section Reporting form for Phase L 1T, and V Orzanic analyses Sampler: PLEASE FILL OUT ONE FORM — FOR EACH INDIVIDUAL SOURCE/PLANT OR COMPOSITE SET YES [] or NO ® THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS PWSID #: NIA COUNTY: Garfield DATE COLLECTED: 12/4/01 SYSTEM/ESTABLISHMENT NAME: Aspen Equestrian Estates c/o ZancaneIla & Assoc. SYSTEM/ADDRESS: 1005 Cooper Ave. Glenwood Springs CO 81601 STREET 41}DRESSIPO BOX CITY STATE ZIP CONTACT PERSON: Mark Hayes PHONE: (970) 945-5700 SAMPLE COLLECTED BY: Mark Hayes TIME COLLECTED: 11:30 am WATER TYPE: RAW [X] CHLORINATED [] OTHER TREATMENT [] SOURCE(S): LOCATION(S): SAMPLE POINT(S): Arabian Well Behind Equestrian Way Pumphouse Well Heid Before Treatment DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY? YES { I OR NO [X] If yes, record information for second source or second PWSID •'- SOURCE(S): LOCATION(S): For Luhrurafory Use Only Below This Line SAMPLE POINT(S): LABORATORY SAMPLE #: 01-6579-01 CLIENT NAME OR ID 't' .AEE/ARABIAN WELL LABORATORY NAME: Evergreen Analytical Laboratory LAB PHONE: (303)425-6021 DATE RECEIVED IN LABORATORY: 12/5/01 DATE ANALYZED: 12/5/0 1 - 12117101 COMMENTS: PAGE l 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LABORATORY NUMBER: 01-6579-01 PWS1D 4: N/A ALL RESULTS SHOULD BE REPORTED IN µg/l UNREGULATED VOC's (TRiHALOMETHANES): These THM results do NOT count as the regulated THM results for systems serving greater that 10.000 population. CONTAMINANT CAS # RESULT Olen EPA METHOD LAB MDL (11'g!1) BLANK RESULT (}.wj1) Chloroform 67-66-3 BDL 524.2 0.5 BDL Bromodichloromethme 75-274 BDL 524.2 0.5 BDL Cldorodibromometltane 12448-1 BDL 524.2 0.5 BDL Bramoform 75-25-2 BDL 524.2 0.5 BDL REGULATED ORGANIC CHEMICALS-VOC's CONTAMINANT CAS # RESULT 04l) MCL 0,41) EPA METHOD LAB MDL (141) BLANK RESULT (lag(I) 1.1-Dichloroethylene 75.354 BDL _ 7 524.2 0.5 BDL I.1.1-Trichloroethaute 71-55-4 BDL 200 524.2 0.5 BDL 1.1.2 -Trichloroethane 79-1)0-5 BOL 5 524.2 _ _ 0.5 BDL 1.2-Dichloroetltrane 107-116-2 BOL 5 524.2 0.5 BDL 1.2-Dichloropropane 78-87-5 _ BDL 5 524.2 0.5 BDL 1.2.4-Trichlorobettzene _ 120-82-1 BOL 70 524.2 0.5 BDL Benzene 71-43-, BDL 5 524.2 0.5 BOL -- Carbon tetrachloride 56-23-5 BDL 5 524.2 0.5 BDL Cis-1.2-Dichloroethvienc 156-59-2 BDL 70 524.2 0.5 BDL Dichloromethane 75-09-2 BDL 5 524.2 0.5 BIM Ethvlbenzette _ 100-41-4 BDL 700 524.2 _ 0.3 BDL Monochlorobenzene 108-90-7 BDL 100 524.2 0.5 BDL o-Dichiorobenzene 95-50-1 BDL 600 524.2 0.5 BDL Para -Dichlorobenzene 106-46-7 BDL 75 524.2 0.5 BDL Styrene 100-42-5 BDL 100 524.2 0.5 BDL Tetrachloroethylene 127-184 BDL 5 524.2 0,5 BDL Toluene I08 -K8-_; BDL _1.000 524.2 0.5 BDL Trans- L2-Dichloroethvlene 156-60-5 BDL 100 524.2 0.5 BDL - -' Trtchioroethvlene 79-0 1_6 BDL 5 524.2 0.5 BDL _ Vinyl Chloride 75-11-4 BDL 2 524.2 0.5 BDL Xylenes (local) 1330-20-7 BDL 10.000 524.2 0.3 BDL REGULATED ORGANIC CHEMICALS-SOC's CONTAiNIINA,NT CAS # RESULT (141) MCL (141) EPA METHOD LAB MDL (�g/'1) BLANK RESULT (41) Dioxin 1746-01-6 NT 0.00003 - - _ NT 2.4-D _ 94-75-7 1 BDL 70 51.5.1 0.25 BDL _ 2.4.5 -TP 93-72-1 BDL 50 515.1 0.25 BDL Alachlor 15972-10-8 BDL 2 507 0.25 BDL _ Atrazine 1912-24-'7 BDL 3 507 0.'25 - BDL Benzo(ttipyvrene 50-12-8 BDL 0.2 525.2 0.2 BDL Carbofuran 1563-66-2 BDL 40 531.1 1.5 BDL Chlordane 57-74-9 BDL 2 508 _ 0.01 BDL Dalapon 75-99-0 BDL 200 515.1 0.25 BDL Dibromochioropropane 96-12-13 BDL 0.2 504.1 11.05 BDL Dinoseb 85-85-7 BDL 7 515.1 0.25 BDL Digital 85-00-7 BDL 20 549.2 1 BDL PAGE 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LABORATORY NUMBER: 01-6579-01 PWSID #: N/A REGULATED ORGANIC CHEMICALS-SOC's (CONT.) CONTAMINANT CAS it RESULT (PO) MCL (lAg/1) EPA METHOD LAB MDL (lig/1) BLANK RESULT t ig/l) Di(2-etltylhexvl)adipate 103-23-1 BDL 400 525.2 0.5 BDL Di(2-elhylhexyl)phtha1ate 117-81-7 BDL 6 525,2 0.5 BDL Endothali 145-73-3 BDL_ 100 548.1 10 BDL Endrin 72-20-8 BDL 2 508 0.01 BDL Ethylene dihronlide it16-93-4 BDL 0.05 504.1 0.05 BDL Glypliosphate 1071-53-6 NT 700 - - NT Heptachlor 76-14-8 BDL , 0.4 508 0.01 BDL Heptachlor epoxide ' 1024-57-3 BDL 0.2 508 _ 0.01 BDL Hexachlorobenzene 118-74-1 BDL 1 508 0.01 BDL Hexachlorocyclopentadiene 77-474 BDL 50 508 0,025 BDL Lin&uie 58-89-9 BDL 0.2 508 0.01. BDL Methoxvcidor _ 72-43-5 BDL 41) 508 0.01 BDL Oxatnyl 23135-22-0 BDL 200 531.1 2 BDL Pentachlorophenol 87-86-5 BDL 1 315.1 0.25 BDL Picloraiu 1918-02-1 BDL 500 515.1 0.25 BDL Polychlorinated hiphenvls 1336-36-3 BDL 0.5 508 0,25 BDL Sitnazine 122-34-9 BDL 4 507 _ 0.75 BDL Toxaphene 841111-35-2 BDL 3 508 0.31 BDL UNREGULATED ORGANIC CHEMICALS-SOC's CONTAMINANT CAS # RESULT (Patin EPA METHOD LAB MDL (µg/1) BLANK RESULT (µr/t) 3-Hvdroxvcarbofuran (Unk) BDL 531.1 _ 2 BDL Aldicarb 1161-06-3 BOL 531.1 1 BDL Aldicarb sulfone 1646-87-4 524.2 331. ! _ 2 BDL Aldicarbsulfoxide 1646-87-3 _BDL BOL 531.1 _ 7 BDL - Aldrin 309-00-2 BDL 508 11.01 BDL Butachlor 23814-66-9 BDL 507 11.25 BDL Carbaryl 63-75-2 BDL 531.1 2 BDL D Catnbit i 989-00-9 BDL 5 i 5.1 11.? 3 BDL Dieldrin 60-57-1 508 0.01 BDL Methontyl 16752-77-5 BDL 531. i 1 BDL Metolachlor 51218-45-2 BOL 507 0.75 BDL Met ribuzin 21087-64-9 BDL 507 0,25 BDL Propachlor 1918-16-7 BOL 507 0.25 BDL UNREGULATED ORGANIC CHEMICALS-VOC's CONTAMINANT CAS # RESULT (µI'l`l) I EPA METHOD LAB MDL (µ;y1) BLANK RESULT (Ili.'/I) 1.1-Dichloroethane 75-34-3 BDL 524.2 0,5 BDL 1.1-Dichlaropropene 563-58-6 BDL 524.2 (1.5 _ BDL 1.1.1.2 -Tetrachloroethane _ 63(1-20-6 BDL 524.2 0.5 BDL 1.1.2,2-Tciracllloroethatie 79-34-5 BDL 524.2 0.5 BDL L2.3-Tnchiorobenzcne 87-61-6 BDL 524.2 11.3 BDL L2.3-Tricltloropropanc _ 96-184 BDL _ 524.2 0.5 BDL PAGE 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LABORATORY NUMBER: 01-6579-01 PWSID #: N/A UNREGULATED ORGANIC CHEMICALS-VOC's (CONT.) CONTAMINANT CAS # RESULT ( I - EPA METHOD - LAB MDL (.Lga) BLANK RESULT (lpgfl) L2.4-Tritlleihvlbenzcnc 95-63-6 BDL 524.2 0.5 BDL 1.3-Dichloropropane 142-28-9 BDL 524.2 11.5 BDL 1.3-Dichloropropene 542-75-6 BDL 524.2 _ t1.5 BDL 1.3.5-Trimetflvlbenzene 108-67-8 BDL _ 524.2 11.a BDL ' 2.2-Dichloropropane 590-20-7 BDL 524.2 0.5 BDL Bromobenzene 108-86-11 BDL 524.2 .5 BDL Bromochloromethane 74-97-5 BDL 524.2 0.5 BDL Bromotnethane 74-96-1 BDL 524.2 0.5 BDL Ch Joroetkai c 75-00-3 BDL 524.2 11.5 BDL Chloromethane 74-87-3 BDL 524.2 41.5 BDL Dibronlomethane 74-95-3 BDL 524.2 1).5 BDL Dichlorodifluoromethane 75-71-8 _ BOL _ 524.2 0.5 BDL Fluorotaichloroniethane 75-694 BDL 324.7 0.5 BDL He:sachlorobutadicne 37-66-; BDL 524.2 0-5 BDL Isopropvlbenzcne 98-32-2 BDL_ 524.2 0.5 BDL 111-Dichlor1]beilzeaie 541-73-1 BDL 524.2 0.5 BDL Na•lithalene 91-20-3 BDL 524.2 11.5 BDL n-Butvlbenzene 104-51-3 BDL 524.'2 tl-5 BDL n-Propvlbenzcnc 1113-65-1 BDL 524.2 0.5 - BOL o-Chlorotoluene 95s-49-8 BDL 524.2 _ 0.5 BDL p-Cltlorotolueue 106-43-4 BDL 524.2 0.5 BDL p-lsopropvitoluene 25135-15-1 BDL _ 524.2 11.5 BOL Sec-Butvlbenzene 1."t5-98-8 BDL 524.2 t).5 BDL Tcrt-Butvlbenzene 98-06-6 BDL 524.2 11.5 BOL Codes used: NT - Not tested for compound.. B = The analvie is found in the associated blank as well as in the sample. 41= Micrograms per liter. MCL = Maxiintun Contaminant Level. BDL = Indicates That the compound was analyzed for. bit was below the LAB MDL. LAB MDL = Laboratory Method Detection Limit. 1 1 Reviewed and approved by :d.Ni I (A1 6 6, per= -i r:✓2 i•z7�`fes% Title ate / .1AfL RESIILTS Ti) Colorado Department uI'ruhlic 111cnith and Environment. WQCD-DW-112.43O} Cherry Creek Drive Smith. Denver. CO. 80222-1330 PAGE 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 [] or NO [] THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS PWSID #: N/A COUNTY: Garfield DATE COLLECTED: 12/4/01. SYSTEM/ESTABLISHMENT NAME: Aspen Equestrian Estates c/o Zancanella & Assoc. SYSTEM/ADDRESS: 1005 Cooper Ave STREET .1DDRESSJP[? BOX CONTACT PERSON: Mark Hayes SAMPLE COLLECTED BY: Mark Hayes WATER TYPE: RAW [X] SOURCE(S): Arabian Well Glenwood Springs CITY PHONE: (970) 945-5700 TIME COLLECTED: 11:30 am CHLORINATED [] LOCATION(S): Behind Equestrian Way Pumphouse CO 81601 STATE ZIP OTHER TREATMENT [] SAMPLE POINT(S): Well Head Before Treatment DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY? YES [] OR NO [X] For Laboratory Use Only Below This Line LABORATORY SAMPLE #: 01-6579-01 LABORATORY NAME: Evergreen Analytical Laboratory DATE RECEIVED IN LABORATORY: 12/5/01 COMMENTS: CLIENT NAME OR ID#: AEE/ARABIAN WELL LAB PHONE: (_303) 425-6021 DATE ANALYZED: 12/6/01 PARAMETER RESULT (mg/L) MCL (mg/L) EPA METHOD LAB MDL (mg/L) NITRATE/N1TRITE-N 0.39 10 0 300.0 0.076 NITRATE -N 0.39 10.0 300.0 0.056 NITR1TE-N BDL 1.0 300.0 0.076 NT = Not Tested for compound. nagiL = milligrams per Luer. MCL = Maximum Contaminant Leel. LAB MDL = Laboratory Method Detection Limit. H = Holding Time has been exceeded. BDL = Below Detection Limit. LA„,, Reviewed and approved by MAIL RESULTS TO: Colorado Department or Public !kalif' and Environment. WQCr}-DW132., 4300 Cherry Creek Dnve Sunth. Denver. CO, 50222-1530 Tt-e4thr-I Title Date 1 1 July IA a.v —.-. p....... . . ,-... • • — — REPORTING FORM FOR RADIOLOGICAL ANALYSES SAMPLER: FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT YES I I or NO [ ] THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS **** PLEASE SEE INSTRUCTIONS AND EXAMPLES ON THE BACK OF THIS FORM **** DEC 1 9 2001 PWSID #: N/A COUNTY: Garfield DATE COLLECTED: 12 l 04 / 2001 SYSTEM/ESTABLISHMENT NAME: Aspen Equestrian Estates c/o Zancanella & Assts., Inc. SYSTEM ADDRESS: 1005 Cooper Ave. Glenwood Springs Street addressrPO San CONTACT PERSON: Mark Hayes SAMPLE COLLECTED BY: Mark Haves CO 81601 CITY STATE PHONE: f 970) 945 5700 ZIP TIME COLLECTED: 1130 am/efe. WATER TYPE: RAW INe chlorine or other treetmentt [ I or CHLORINATED I 1 or OTHER TREATMENT ( 1 SOURCE(S): Arabian Well 1 1 1 COMMENTS 1 1 1 LOCATION(S): - .Address SAMPLE POINT(S): 1 Behind Eauestrian Way Pumohouse 1 Wellhead Before Treatment .SI:t !BALK []F UI MJ For Laboratory Use Oniv Below This Line LABORATORY SAMPLE # L049/01-1 CLIENT NAME or ID# Evergreen Analytical, Inc. LABORATORY NAME Hazen Research, Inc. LAB PHONE # 4 303 1 279 4501 DATE RECEIVED IN LABORATORY 12 / 05 2001 DATE ANALYZED See E Below PARAMETER ipCi/lj {pCill) EPA CpCii1) Date RESULT MCL METHOD Lab MOL Analyzed GROSS ALPHA 1.7 = 2.8 SEE BELOW 900.0 2.4 12 10 : 2001 GROSS BETA 2.4 2.8 50 900.0 2.6 12 10 2001 TOTAL SOLIDS lmg1L1 441 N/A 150.3 10 12 10 2001 RADIUM 226 RADIUM 228 I.,JRANlUM RADON 222 ADJUSTED ALPHA ; 5' • COMMENT: 301. Indicates that the compound was analyzed tar. bus was below the Lab MDL. NT = Not Tested tor compound mod_ = Milligrams per Liter MCI = Maximum Contaminant Level = MCL for Radium 226 and 228 COMBINED is 5 aGiiL • • = Gross AIohe minus Uranium ettuars. Adiusted Aloha NIA Not Applicable pCi/L - Picoaurtes per Liter Lab 'MDL = Laooratory Method Detection Limit • • = MCL in the process of being set by EPA IF THE GROSS ALPHA EXCEEDS 10 pCil1 THE SAME OR EQUIVALENT SAMPLE MUST BE ANALYZED FOR RADIUM -226. IF THE RADIUM -22 EXCEEDS 3pCi, THE SAME OR AN EQUIVALENT SAMPLE MUST 3E ANALYZED FOR RADIUM -228. IF THE GROSS ALPHA EXCEEDS 15oCi TH SAME OR E [VALEN. Ai41PL i UST ALSO BE ANALYZED FOR URANIUM. 1 1 1 Robert Rosted Laboratory Results Reviewed & Approved by Laboratory Manager 12 17 r 2001 Title Date MAIL aesuctS TO: Colorado Department of Public Health and Environment. '.NQCD•CMOM-82. 4300 Cherry Creek Drive South. Denver. CO 80246-1530 Revised 03/01 • J:1WPILABFORMSIRAD REPORT FORM.DOC REPORTING FORM FOR MICROSCOPIC PARTICULATE ANALYSES (MPA) YES ( ) or NO ( ) THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS PWSID # NIA COUNTY- SAMPLE COLLECTED BY;M_ Hayes SYSTEM/ESTABLISHMENT NAME: SYSTEM ADDRESS: Aspen Equestrian Estates c/o Zancanella & Assoc 1 Q DATE SAMPLE BEGAN: 12/03/01 SAMPLE START TIME: 1440 PLEASE CHECK WATER TYPES: RAW(1) SOURCEANTP NAME- Arabian Well DATE SAMPLE ENDED: 12104/01 SAMPLE END TIME: 1t05 am/pm FINISHED() SURFACE() GROUND ( ) QUANTITY SAMPLED R =1167 gal For Laboratory Use Only Below This Line- -- LABORATORYSAMPLE# 099-497067 LSORAT^PY NAME 1‘1, 1-7eqes.rdtLabam olr DATE RECEIVED INLABORATORY 12/05/01 MICROORGANISMS Cryptosporidium tot.IFA Count Giardia total IFA Count Nondiatomaceuos Algae Diatoms Plant Debris Rotifers Nematodes Pollen Ameba Ciliates Colorless Flagellates Crustaceans Other Arthropods Insects/larvae Other Giardia by Consensus Method Coccidia by Consensus Method EVA UATI+Iy CENTRIFUGATE REMOVAL MICROORGANISM REMOVAL TURBIDITY, NTU RISK LEVEL (Ground Water) n.o.,= none ob9erved , SAMPLE METHOD 19,9_4 L?tl Medi is tion r ,,Q PHONEtt 070) 241-146 DATE PROCESSED12105/01 RAW WATER FINISHED WATER (Numbers/100 G) (Numbers/100 G) N/A N/A n_o_ 11.0. n Q. n.a. n.o_ R_O n.o ma. n_Q. n.o. ma_ rLa. NIA N/A 14 .4 N/A N/A PERCENT RED. _LOG REDILC11QN. 0= LOW Reviewed & Approved by MAIL RESULTS TO: Title Date Colorado Department of Public Health and Environment WQCD-CMDM ATTN: Erica Kannely 4300 Cherry Creek Drive South, Denver, CO 80246-1530 1 1 1 1 1 1 1 1 7 1 1 1 1 1 11 1 1 Colorado Department of Public Health and Environment Drinking Water Section Reporting form for Corrosivity analyses Sampler: PLEASE FILL OUT ONE FORM — FOR EACH INDIVIDUAL SOURCE/PLANT OR COMPOSITE SET YES Il or NO [] THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS PWSID #: N/A COUNTY: Garfield DATE COLLECTED: 12/4/01 SYSTEMIESTABLISHMENT NAME: Aspen Equestrian Estates do Zancanella & Assoc. SYSTEM/ADDRESS: 1005 Cooper Ave. Glenwood Springs CO 81601 STREETADDRESS/Pt rMIX CITY STATE ZIP CONTACT PERSON: Mark Haves PHONE: (970) 945-3700 SAMPLE COLLECTED BY: Mark Haves TIME COLLECTED: 11:30 am WATER TYPE: RAW [X] CHLORINATED [] OTHER TREATMENT [l SOURCE(S): LOCATION(S): SAMPLE POINT(S): Arabian Well Behind Equestrian Wav Primphouse Weil Head Before Treatment For Laboratory rise Only Below This Line LABORATORY SAMPLE #: (11-6579-0I LABORATORY NAME: Evergreen Analytical L:tboratory DATE RECEIVED IN LABORATORY' 12/5/01 COMMENTS: CLIENT NAME OR ID#: AEE/ARABIAN WELL LAB PHONE: (303) 425-6021 DATE ANALYZED:. 12/6/01-12/12/01 PARAMETER RESULT (ntg/L) MCL (lttg/L) EPA METHOD LAB MDL (mot) LANGLIER INDEX +0 21 T *** SM 2330B _ N/A CALCIUM CARBONATE 300 N/A 200.8 0.34 DISSOLVED SOLIDS 454 N/A _ SM 2540C 10.0 pH 7,42 N/A UO.1 N/A TOTAL ALKALINITY 19X N/A SM 2320E 5.0 TEMPERATURE 12.7 "C N/A NT = Not Tested for compound. Ing/L = milligrams per Liter. MCL = Maximum Contaminant Level. LAB MDL = Laboralory Method Detection Limit. H — Holding Time has been eNceeded, BDL = Below Detection Limit. N/A = Not ,applicable. *** = if Langelier Index is a negative number. water is corrosive. If Langelier Index is zero. water is balanced. If Langelier Index is ;i positive number. water is scale forming. ,'r -- f1,,.1✓` ; C.t ( i4 r'e c CTS` / 2- ,2j/77-, Reviewed and approved by Batt I Date MAIL RESULTS "1-1): Colorado Department of Public Health attd Environment. WQCD-DW432. 430U Cherry Creek Drive Sundt. I3enver, CO. K0222-15313 1 1 1 1 1 1 1 f 1 1 1 1 1 1 Colored° Department of Public Health and Environment - Drfnidng Water Scotian REPORTING FORM FOR MCTERIOJ.OGICAj ANALYSES - ; -.: i 5 2002 SAMPLER: PLEASE FILL OUT ONE FORM FOR 1 AC)-( INDIVIDUAL SOURCE/PLANT or COMPOSITE SET YES I I or NO I 1 THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS PWSID 1: COUNTY: DATE COLLECTED: SYSTEM/ESTABLISHMENT NAME: _ 1 SYSTEM ADDRESS: ` City: State: Zip: CONTACT PERSON: PHONE: SAMPLE COLLECTED BY: TIME COLLECTED: WATER TYPE: RAW rr. ur .,.,. vo (j or CHLORINATED I 1 or OTHER TREATMENT I 1 SOURG'Z 3)r 770N(S): - A4d t /Mrar SAM?LB POINT(S): For Laborotora Use Only Below 17ds Lura LABORATORY SAMPLE if: / / e.,--_-;-...5 L- CLIENT NAME or ID#: LABORATORY NAME: i LAB PHONE /: ' - .3'—"Z.-1.1•5- _-•-;' DATE/TIME RECEIVED IN LABORATORY: 4274 -II. r 1 • Jc' - 7 DATE/TIME ANALYZED: 1 �I rf rr /0 COMMENTS: PARAMETER Coliform, Total {#/1OOrrn) (S/100m)) SM (#/1OOmI) RESULT MCL METHOD LAB MDL c 1 9222 R _lc 7r% r ° c3 % Gni �j i _r�� r ; /C 1 Reviewed & Approved by Title a Date MAIL RESULTS TO. Colorado D.partm.ne of Pvtild Mrith and Environment. WQCOOW-62. 4300 Cherry Creak Grime Soven, D.nvor. CO 80122.1S30 Laboratory: Call drinking water section of CDPHE immediately with any results other than < 1.or absent. (303) 692-3547 11 Kevin L Painck IScott C. Mailer Ramsey L. Kropf` Sara M. Dunn 1 1 1 1 1 1 'licensed m AZ, CO. WY IMain Office: 730 E Durant Avenue Suite 200 Aspen, CO 81611 970.920.1028 Tel 970.925.6847 Fax 1 Arizona Office: _ 310 S. Mill Avenue !Suite 201 Tempe, AZ 85281 480.921.4044 Tel 1480.921.8688 Fax 1 v www.watcrlaw.com PATRICK, MILLER & KROPP, P.C. Attorneys at Law January 17, 2002 Mark Bean, Senior Planner Garfield County Planning Department 109 811' Street, Suite 303 Glenwood Springs, CO 81601 RE: Blue Creek Ranch PUD Application; (our file 591a) Dear Mark: We represent Blue Creek Land Holdings, LLC ("Blue Creek"), with respect to legal water and sewer matters associated with the proposed Blue Creek Ranch PUD. This letter is in follow-up to our previous letter dated June 25, 2001, and is for purposes of providing up -dated information and supporting documentation for the proposed water supply and sewer service for the development. Blue Creek's engineer, Zancanella & Associates, Inc., is addressing the physical aspects of the water supply and sewer service by separate letter and documentation. 1 will address the legal aspects of such proposed water and sewer service herein. A. Water Supply: 1. Potable Water Supply: Blue Creek has now entered into a Water Service Agreement with its neighboring development, Aspen Equestrian Estates ("AEE"), to provide domestic, treated potable water supply to the residential lots and other structures requiring treated water. A copy of the signed and recorded Water Service Agreement is attached hereto as Exhibit "A." The Water Service Agreement provides for Blue Creek to construct the internal physical water delivery system servicing Blue Creek and connect to the existing water system constructed on the AEE property. There is an existing above ground storage tank and treatment plant located on the platted "Equestrian Parcel" of the AEE development. The AEE Homeowners' Association ("AEEHOA") is the owner of the physical water system and the holder of the easements for the system. See recorded copies of Bill of Sale, Grant of Easement and Memorandum of Agreement attached hereto as Exhibit "B." The AEE developer, Aspen Equestrian Estates, LLC ("AEELLC"), is the owner of the Equestrian Parcel and has provided the consent and right to utilize the storage tank and treatment plant easement site on its property to service Blue Creek Ranch. See Water Service Agreement. Both AEELLC and AEEHOA are parties to the Water Service Agreement. W:41ane&Cumming1591 A\Letters\CiarfeldCoImtyPlanning 1•18.02.wpd APP013) 1l PATRICK, MILLER & KROPF, P.C. Mark Bean January 17, 2002 Page 2 The Water Service Agreement provides for a master Water Association to be formed by the two developments with equal homeowners' representation on the board of the Association. The Water Association will own, operate and manage the joint water system for the benefit of both properties. The joint treated water system will be supplied from underground wells currently drilled and located on the AEE property, and if necessary for additional capacity on the Blue Creek property (see further explanation below). Currently, there are two wells permitted by the State Engineer's Office to serve AEE -- the Appaloosa Well and the Arabian. Well ("AEE Wells"). Copies of these well permits are attached to the Zancanella & Associates Water Supply Report, currently submitted with the PUD Application. Blue Creek has applied to the State Engineer's Office for additional, "second" well permits to be placed on the AEE Wells (Arabian and Appaloosa Wells) and for well permits for two new wells on the Blue Creek property (Snipe and Goose Wells). See copies of Well Permit Applications attached to the Zancanella & Associates Water Supply Report. Blue Creek has secured a BWCD Allotment Contract to cover and augment the water use demand on Blue Creek Ranch. A copy of this BWCD Contract #383 is attached to the Zancanella & Associates Water Supply Report. Thus. Blue Creek has obtained the legal water supply to allow issuance of the well pen -nits and we anticipate no problem with the final well permits issuing in the next forty-five to sixty days. The Water Service Agreement provides for the drilling of one to two additional wells on the Blue Creek property, if necessary to meet demand. As discussed above, Blue Creek has proceeded to file well permit applications for these wells despite the fact it has been determined by the engineers that the AEE Wells will be sufficient to provide treated water service to both developments. Thus, the Blue Creek Wells will be back-up and may not ultimately be drilled. The Water Service Agreement provides for charging all treated water users within both developments fees to cover the cost of operation, management, repair, replacement, and improvement of the joint Water System, as well as, to provide for a reserve fund. Adequate provisions are placed in the proposed Protective Covenants for Blue Creek Ranch obligating the homeowners/water users to these charges. 2. Raw Water Irrigation Supply: The Blue Creek Ranch property is served by the following ditch irrigation water rights: Basin Ditch; Middle Ditch; and Lower Ditch. The Basin Ditch diverts out of the North bank of the Roaring Fork River, west of El Jebel in Section 33 of Township 7 South, Range 87 West of the 6th P.M.. The Basin Ditch has several appropriations or priorities, as follows: 5.0 c.f.s. W:1Lane&Cumming\591 MLetterslGarfieldCountyPlannrng 1-1$-02.wpd PATRICK, MILLER & KROPF, P.C. Mark Bean January 17, 2002 Page 3 decreed to the original construction (Priority 49); 5.0 c.f.s. decreed to the first enlargement (Priority 108); and, 1.8 c.f.s. decreed to the second enlargement (Priority 137), all such priorities adjudicated on May 11, 1889 in Civil Action 132; and 33.2 c.f.s decreed to the third enlargement (Priority 294) as adjudicated on August 25, 1936 in Civil Action 3082. Blue Creek acquired and has title ownership to 0.176 c.f.s. in each of the first three priorities of the Basin Ditch (totaling 0.528 c.f.s.) and 5.865 c.fs. in Priority 294. A copy of the Deed conveying the water rights to Blue Creek is attached as Exhibit "C." State Engineer Diversion records for the Basin Ditch show a consistent pattern of diversions starting in late April/early May until the end of October. The recognized capacity of the Basin Ditch is 45 c.f.s. On average, the Basin Ditch diverts in the range of 35 to 42 c.fs. from mid-May to mid-July. Then in most years, it drops off to diversions around 15 to 7 c.f.s. through mid-September and into the fall. However, the diversion point stretch of the Roaring Fork River has not historically been limited by physical flow, so it appears lack of late season diversions are not a result of lack ofdivertable water supply. The Basin Ditch Priority Nos. 49, 108, and 137 are not subject to the "Cameo call," a Colorado mainstem call that occurs most every irrigation season, generally from late June through October and occasionally in April. The later Basin Ditch Priority 294 is subject to the "call," yet has historically enjoyed protection from this call, and thus was permitted to divert, by virtue of inclusion in the historic user's pool for which Green Mountain Reservoir releases are made. The Basin Ditch water right has historically served the approximately thirty acres of pasture land located on the north portion of the Blue Creek property where the proposed tree farm/nursery open space will be located. This area has also been historically served by the Middle Ditch, further discussed below. Blue Creek's 6.4 c.f.s. ownership in the Basin Ditch is adequate legal and physical water to service the raw water irrigation demands of the proposed P.U.D. No change of water right case will be filed in Water Court since the Basin Ditch is decreed for irrigation and the law, as well as the State Engineer's Office, requires no change of water right application when only the crop or plant grown is changed. The Middle Ditch and Lower Ditch also serve Blue Creek Ranch. The Middle Ditch diverts by decree from Blue Creek. The Ditch was originally decreed for 5.0 c.f.s. in Civil Action 132, adjudicated on 5111/1889 with an appropriation date of 411711884. 1.76 c.f.s. of that amount has been decreed to an alternate point of diversion at the Middle Ditch Well in Case No. W-197. W:1Lane&Cumm ng1591 A\Lneer \CrarfieldCountyPlanning 1-111-02.wpd PATRICK, MILLER & KROPF, P.C. Mark Bean January 17, 2002 Page 4 The Lower Ditch was originally decreed for 1.5 c.f.s. on 5/11/1889 with an appropriation date of 4/15/1882 in Civil Action 132 for diversion out of the Roaring Fork River. A further appropriation was decreed to the Lower Ditch in the amount of 11.9 c.f.s. on 11/5/197I with an appropriation date of 4/15/1882 in Civil Action 5884. Blue Creek acquired and has title ownership to 0.96 c.f.s. in Priority 83 of the Middle Ditch. See Exhibit "C." Blue Creek acquired and has title ownership to 0.365 c.f.s. of Lower Ditch, Priority No. 23, and 3.996 c.£s. in Lower Ditch, Priority No. 721. See Exhibit "C." There has never been a call on these water rights. Blue Creek's ownership amounts in the Middle and Lower Ditch are more than legally and physically sufficient for the continued irrigation of open space in and around the residential development. No change case will be required for the continued use of these water rights for irrigation. B. Wastewater Service: Blue Creek is proposing to construct an on-site wastewater treatment facility for sewer service to the development and has obtained Site Application approval from the State. Blue Creek may still have an option to connect to the Ranch at Roaring Fork ("Ranch") wastewater treatment plant, however, at this time no agreement has been reached. 1. On site syste On November 21, 2001, Blue Creek obtained Site Application Approval #4565 from the Colorado Department of Public Health and Environment ("CDPHE") for a new Domestic Wastewater Treatment Plant pursuant to the Department's Regulations. See copy of Site Approval attached hereto as Exhibit "D." The Garfield County Board of Commissioners recommended approval of the on-site system on September 4, 2001. There are no conditions on the Site Approval other than CDPHE's standard compliance provisions. The Site Approval represents the legal authorization from the State to construct the wastewater treatment facility. Blue Creek's engineers will be submitting the plans and specifications for State "design" review in the near future. 2. Connection to the Ranch at Roaring Fork: Blue Creek is also holding open for consideration, a potential option for wastewater treatment service through the Ranch, however, at this time, no progress has been made in this regard. On August 30, 2001 the Ranch wrote to your office that it would consider providing treatment service to Blue Creek upon several contingent factors being satisfied. See Letter from W- Lane&C'ummine591 A'1.cttcrs\CarffieldC'ountyPlanning 1-18-02.wpcd IPATRICK, MILLER & KROPF, PC. Mark Bean January 17, 2002 Page 5 Ranch to Mark Bean attached hereto as Exhibit -F." Several of these factors are unobtainable or difficult to obtain. For instance, there is still uncertainty the Ranch will have Plant capacity to serve Blue Creek. There is indication that to make plant capacity available, Blue Creek would be required to fix the Ranch's existing service line infiltration problems, at potentially significant cost. The Ranch also is requiring that the State Water Quality Control Division affirmatively concur that such additional service would not tagger the planning requirement for a further Ranch plant expansion. We do not believe it would be possible to obtain this kind of up -front concurrence from the State, as the State will only evaluate the capacity thresholds based on actual or reported numbers once all users come on-line. Blue Creek is also uncertain the three- quarters "super majority" affirmative vote of all the Ranch homeowners can be obtained to provide service and to amend the Ranch's Declarations regarding service to "adjacent" properties. However, in preparation for the potential of service through the Ranch, Blue Creek has entered into a Sewer Connection Agreement with AEE to allow connection to AEE's main sewer trunk line and the conveyance of wastewater through this line to the Ranch property boundary. A copy of the final recorded Sewer Connection Agreement is attached as Exhibit "E.'' C. Summary: Based on the foregoing, it is our opinion that Blue Creek has legally adequate water and sewer to serve the proposed development. If you have any questions, need further information, or would like to discuss any of the above, please give me a call.. Very truly yours, PATRICK, MILLER & KROPF, P.C. A Professional Corporation By. Scott C. Miller miller atywaterlaw. corer SCM/sIp Enclosures W.ILane&Cumming\ 91 A\Letters\GartieldCountyPlanning 1-18-02.wpd PATRICK, MILLER & KROPF, PC. Mark. Bean January 17, 2002 Page 6 cc wlencl: Blue Creek Land Holdings, LLC Rob Cumming Ace Lane (w/out enclosures) Larry Green, Esq. Tom Zancanella Glenn Hom Yancy Nichols/Mark Beckler W.1Lane&C'umming1591 !t\Letters\GarlieldCnuntyPlanning 1-18-O2..wpd t:F IIiu HHJ1II 1111111111111111111111H 1111111111111 '1636 11/08/2001 02:17P B1301 P751 11 ALSDORF ,of 23 R 115.00 D 0.00 GARFIELD COUNTY CO WATER SUPPLY AND CONNECTION AGREEMENT THIS WATER SUPPLY AND CONNECTION AGREEMENT ("Agreement") is made and entered into as of the S—'qday of i c, , 2001, by and between BLUE CREEK LAND HOLDINGS, LLC, a Colorado limited liability company ("Blue Creek"), ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited Liability company ("AEE"), and ASPEN EQUESTRIAN ESTATES HOMEOWNERS ASSOCIATION ("AEEHOA"); RECITALS: A. Blue Creek is the owner of that certain real property located in Garfield County, Colorado commonly known as Blue Creek Ranch, which property is described on Exhibit "A" attached hereto and incorporated herein by this reference ("Blue Creek Ranch") together with certain water rights used in connection with such property; and B. AEE is the developer of that certain real property located in Garfield County, Colorado known as the Aspen Equestrian Estates P.U.D., which property is described on Exhibit "B" attached hereto and incorporated herein by this reference ("AEE Property") together with certain water rights used in connection with such property; and C. Within the AEE Property and shown on the recorded plat thereof is a parcel of land described and known as the "Equestrian Lot," which is owned by AEE ("Equestrian Lot"); and D. Within the AEE Property and shown on the recorded plat thereof are common areas of open space and roads owned by the AEEHOA ("AEEHOA Common Area"); and E. Located primarily upon the Equestrian Lot is a water storage tank, a water treatment plant and related facilities owned by AEEHOA (collectively the "Plant") and located upon the AEEHOA Common Area is an existing underground water well owned by AEEHOA connected to the Plant, all of which structures and facilities are utilized by AEEHOA for the provision of treated water for domestic in-house and associated irrigation use to the single-family residences and other structures and uses located upon the AEE Property, for fire flows, and for treated water service to the Equestrian Lot; and F. AEE has conveyed an easement to AEEHOA for the Plant site located on the Equestrian Lot and such easement is shown on the recorded plat of the AEE Property ("Plant Site"); and G. In the conveyance of the Plant and water supply system improvements and the grant of the easement for the Plant Site to AEEHOA, AEE has reserved unto itself the right to make the Plant available to third parties and to receive compensation and cost umu 11111 111111 1111 1111111 11111 11111 111 111 loom 591636 11/08/2001 02:17P B1301 P752 M ALSDORF 2 of 23 R 115.00 D 0.00 GARFIELD COUNTY CO recovery therefore in accordance with such documents of transfer; and H. Blue Creek desires to receive treated water from the Plant for in-house domestic and associated irrigation use by those single-family residences and other structures and uses that may be constructed on Blue Creek Ranch; and 1. AEE and AEEHOA are willing to provide such treated water service to Blue Creek, pursuant to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual agreements made herein, Blue Creek, AEE and AEEHOA agree as follows: 1, Treated Water Service to Blue Creek Ranch. Subject to the terms and conditions of this Agreement, AEE and AEEHOA hereby agree to allow Blue Creek to connect to the Plant and agree to supply treated water to Blue Creek Ranch and any development constructed thereon for domestic in-house and associated irrigation use, and other authorized structures and in -building uses. 2. Water Connection Fees: Attorney Fees. Upon the full execution of this Agreement, Blue Creek shall pay to AEE a one-time payment of one hundred seventy- five thousand dollars ($175,000.00) in consideration for the right to connect its facilities to the Plant, for the easement on, over and across the Equestrian Lot necessary to enable such connection and for the right to receive treated water from the Plant in accordance with the terms and conditions of this Agreement (the "Water Connection Fee"). Subsequent to the payment of the Water Connection Fee and provided Blue Creek has met its obligations under Paragraph 11 below with respect to obtaining legal water rights and/or permit approvals, Blue Creek shall be entitled to make physical connection to the Plant and be provided with a treated water supply as set forth herein. In addition to the Water Connection Fee, Blue Creek agrees to pay all of AEE's reasonable attorneys' fees incurred in the negotiation and review of this Agreement, as well as reasonable attorneys' fees incurred in the negotiation and review of any other documents and/or agreements necessary for the implementation of this Agreement (except for documents or agreements that would have been or were required to be prepared despite this Agreement), partial payment of which has been made by Blue Creek to AEE as of the date hereof and is hereby acknowledged by AEE. At AEE's option and direction, Blue Creek shall pay any applicable attorney fees within fifteen days of the date of invoice thereof or deposit estimated fees to be incurred in advance with AEE's attorney to be held in its escrow account until such time as eligible fees are incurred. 3. Refund of Water Connection Fee. Blue Creek is in the process of obtaining certain land use approvals from Garfield County for the subdivision of Blue Creek Ranch. In the event that Blue Creek does not obtain the approvals it requires or otherwise desires to terminate this agreement before making any physical connection to the Plant in 1111111111111111111111111111111111111111111111111111111 591638 11/08/2001 02:17P 51301 P753 M ALSDORF 3 of 23 R 115.00 D 0.00 GARFIELD COUNTY CO furtherance of the rights granted by this Agreement, Blue Creek shall be entitled to terminate this Agreement upon written notice to AEE ("Notice of Termination"). Within thirty days after such Notice of Termination is given, AEE shall refund to Blue Creek the Water Connection Fee, less a certain sum of money as determined in accordance with the schedule of reimbursement described as follows. If Blue Creek provides Notice of Termination on or before 5:00 p.m., on December 31, 2001 ("First Refund Deadline"), then AEE shall refund to Blue Creek the Water Connection Fee, less ten thousand dollars ($10,000.00). If Blue Creek provides Notice of Termination after the First Refund Deadline but on or before 5:00 p.m., on December 31, 2002 ("Second Refund Deadline"), then AEE shall refund to Blue Creek the Water Connection Fee, less ten thousand dollars ($10,000.00) and less an additional ten thousand dollars ($10,000.00) for every quarter of the year that has elapsed (in the year in which the Notice of Termination is given) prior to the Notice of Termination, If Blue Creek provides Notice of Termination after the Second Refund Deadline but on or before 5:00 p.m., on December 31, 2003 ("Third Refund Deadline"), then AEE shall refund to Blue Creek the Water Connection Fee, less fifty thousand dollars ($50,000.00) and less an additional twenty thousand dollars ($20,000.00) for every quarter of the year that has elapsed (in the year in which the Notice of Termination is given) prior to the Notice of Termination. For purposes of this Agreement and refund provision, "quarter" means a three month period of time beginning immediately after the preceding three month period and ending at midnight on the last day of the third month in such period. Once a "quarter" begins, the sum of money corresponding with that quarter is not refundable or pro -ratable under this Agreement. The first quarter of a particular year begins immediately after the expiration of the previous Refund Deadline. By way of example, if Blue Creek were to provide Notice of Termination at any time within the first quarter after the First Refund Deadline, AEE would refund the Water Connection Fee, less $20,000.00 ($10,000 for the first year and $10,000 for one quarter of the second year). 4. Master Water Association. It is contemplated that Blue Creek, AEE and AEEHOA shall form a master water association that shall govern, control, maintain and operate the water system for both Blue Creek Ranch and the AEE Property (the "Water Association"). The Water Association shall be responsible for adopting rules and regulations governing water usage within both developments, billing all water users within both developments an equal charge for water usage and reserve for replacement costs, and operating, maintaining, improving, repairing, replacing and taking such other necessary and prudent actions with respect to the Plant and all treated water supply, storage, transmission and distribution facilities and improvements within both developments ("Water System Infrastructure"). It is agreed and acknowledged that the Board of Directors for such Water Association shall consist of two members and an alternate member appointed from Blue Creek or from the homeowners association for Blue Creek Ranch upon the formation of such homeowners association; and two members and an alternate member appointed from the AEEHOA. The Board of Directors shall have such powers including, but not limited to, deciding and acting upon all Water 1111111111111111111111 11111111111111111 111 1111111111111 591535 11/18/2001 02:17P B1301 P754 N RLSDORF 4 of 23 R 115.00 0 0.00 CRRFIELD COUNTY CO System Infrastructure matters. Such "infrastructure matters" include, but are not limited to, proposals for water system infrastructure or facilities repair, replacernent, maintenance, construction, extension, cleaning, operation, monitoring and management. All Board of Director decisions, including, but not limited to, all "infrastructure matters," management, control and operation decisions, shall be made by not less than a 75% vote of the Board of Directors. If a 75% vote cannot be reached on a matter or question submitted for a vote, then the matter shall be submitted to a qualified, third -party engineer or hydrologist for an independent determination. The engineer or hydrologist recommendation shall be binding and shall have the same effect as if action on the proposed matter received a 75% affirmative vote of the Board of Directors. If the Board cannot agree on the selection of the hydrologist, the AEE Board members shall nominate a hydrologist and the Blue Creek Board members shall nominate a hydrologist and the selection of the hydrologist from the nominees shall be made by a coin toss. All homeowners within Blue Creek Ranch and the AEE Property shall be subject to and shall comply with any and all rules and regulations adopted by the Water Association. The parties agree to provide for compliance with such rules and regulations in the master declarations of covenants, conditions, and restrictions for their respective properties. The Water Association shall be formed jointly by the parties and articles of incorporation for the Water Association shall be filed with the Secretary of State within thirty (30) days from the full execution of this Agreement. 5. Installation of Blue Creek Facilities_ Upon payment of the Water Connection Fee to AEE, Blue Creek shall be responsible, at its sole cost and expense, to design, construct and install any and all water lines, pipes, pumps, valves, meters, and other related facilities and improvements required to deliver treated water from the Plant to Blue Creek Ranch (the "Blue Creek Facilities"). All water lines, pipes and related facilities to be constructed shall be equivalent to and compatible with existing AEEHOA water lines and facilities. Blue Creek shall be responsible for connecting the Blue Creek Facilities to the Plant at that eight -inch (8") valve located near the entrance to the AEE Property, as shown more fully and labeled "water tie in" on Exhibit "C" attached hereto and incorporated herein by reference (the "Point of Delivery"). The Water Association shall have the right to inspect the connection of the Blue Creek Facilities to the Plant to insure that such connection has been constructed in accordance with acceptable engineering standards. 6. Easement for Blue Creek. Effective upon the full execution of this Agreement, AEE and AEEHOA hereby grant to Blue Creek a temporary construction easement on, over and across that portion of the AEE Property between Blue Creek Ranch and the Point of Delivery in order to allow Blue Creek to construct and install the Blue Creek Facilities thereon at the location labeled "water tie in" and graphically shown on Exhibit "C." The temporary construction easement shall be along either (a) the north edge and outside of the roadway parallel to the existing 8" water line alignment as extended to the AEE Property line on County Road 100; or (b) if it is more feasible, 1111111111111111111111 11111111111111111 ID 111111 1111 1111 591636 11/68/2001 02:17P 61301 P755 M ALSDORF 5 of 23 R 113.00 D 0.00 GARFIELD COUNTY CO practical or sensible from an engineering and cost standpoint to extend the waterline from the existing Point of Delivery to County Road 100 along the existing waterline alignment, then the temporary construction easement shall be granted along this alignment, provided however, if any cutting of pavement is required by the use of this alignment or if necessary to connect to the temporary construction easement referred to in subclause (a) above, such paved surface and/or other improvements shall be promptly restored as closely as possible to their pre -construction condition. The temporary construction easement shall also include an easement reasonable in scope as necessary to install any Blue Creek Facilities at the Plant. Immediately upon final construction and installation of the Blue Creek Facilities, AEEHOA shall grant to Blue Creek a perpetual non-exclusive easement ten (10) feet on either side of the center line of the Blue Creek Facilities and the existing water line from the Plant to the Point of Delivery, as located on the AEE Property; and AEE shall grant to Blue Creek a perpetual non-exclusive easement ten (10) feet on either side of the center line of the water line from the Plant across the Equestrian Lot, as well as a perpetual non-exclusive easement ten (1 0) feet radially around the Plant which is located on the AEE Property. The easements are for purposes of accessing, operating, maintaining, repairing, improving, replacing and distributing treated water through said facilities (the "Easements"). The location of the Easements will be along the water line and facilities alignment as shown on Exhibit "C" or "as -built." Upon final construction and installation of the Blue Creek Facilities the parties agree to expeditiously prepare and thereafter, execute the grant of Easements. Once the Blue Creek Facilities have been installed, Blue Creek shall have a legal description prepared for the Blue Creek Facilities installed on the AEE Property. The legal description shall be approved by the parties, which approval shall not be unreasonably withheld, provided the location of the Easements are substantially similar to that shown on Exhibit "C" or contemplated herein. It shall then be attached to the Easements and the Easements shall be recorded in the Garfield County real estate records. These Easements shall thereafter be conveyed to the Water Association in accordance with Paragraph 7 herein. To the extent any of the Blue Creek Facilities are ever required to be relocated upon the AEE Property in order to continue the water service set forth herein, AEE, AEEHOA and. Blue Creek shall cooperate in good faith in the determination of the relocation of the Facilities to a location which does not adversely affect the present or then reasonably foreseeable development or redevelopment of the AEE Property, and in the preparation of an amendment of the legal description of the Easements to reflect the relocated facilities. Any such amended legal description to the Easements shall be recorded in the Garfield County real estate records. 7. Conveyance of AEE Plant. Water Infrastructure. Water Rights & Easements to Association; Insurance. Upon final connection of the Blue Creek Facilities to the Plant, AEEHOA shall transfer and convey the Plant, and both AEEHOA and Blue Creek shall transfer and convey all improvements, components and facilities they respectively own related to the Water System Infrastructure, to the Water Association, free and clear of any and all encumbrances, except any deed of trust of record. Upon final connection 5 1 1 1 1 a 1 1 1 1 1 1 1 1 1 1 1 1 1 f 111111 VIII 111111 IIII1111111IIIA VIII III 11111 11111111 591636 11/08/2001 02;17P 61301 P756 M ALSDDRF 6 of 23 R 115.00 D 0.00 GARFIELD COUNTY CO of the Blue Creek Facilities, AEE, AEEHOA and Blue Creek shall also convey to the Water Association any and all easements and rights-of-way necessary for the Water Association to enter onto the AEE Property andlor Blue Creek Ranch for purposes of operating, maintaining, improving and repairing the Water System Infrastructure. AEE, AEEHOA and Blue Creek shall also convey, transfer and/or assign to the Water Association any and all well permits, water court approvals, water rights, replacement water sources and Basalt Water Conservancy District contracts utilized or associated with the provision of treated water to the AEE Property and Blue Creek Ranch, with the exception of any rights, contracts, permits or approvals related to the Pinto Well for use on the Equestrian Lot, which well and associated rights shall be owned and held separately by AEE. The Water Association shall thereafter be responsible for operating, maintaining, repairing and replacing the Plant and all other related facilities and Water System Infrastructure, and any and all obligations of AEE, AEEHOA and Blue Creek in connection with the Water System Infrastructure, unless otherwise set forth herein, shall become those of the Water Association. The Water Association shall be obligated to obtain and maintain property and liability insurance related to the Water System Infrastructure in the minimum amount of 51,000,000 and 52,000,000, respectively, and shall cause AEE, AEEHOA, Blue Creek and Blue Creek Homeowners Association (when formed) to be named as co-insured on the liability insurance. The foregoing conveyances by AEEHOA shall be subject to AEE's retained rights to offer water service to third parties as set forth in Paragraph 14 below. 8. Water Service to Blue Creek. Ranch and AEE Property. Upon the completion of the final connection of the Blue Creek Facilities to the Plant, the Water Association shall provide treated water service to Blue Creek Ranch and to the AEE Property, expressly including the Equestrian Lot, consistent with the provisions set forth in this Agreement. The average annual treated water demand for the AEE Property has been calculated to be 36.4 acre-feet as shown on the attached water requirements table, attached hereto and incorporated herein as Exhibit "D" ("AEE Water Demand"). The average annual treated water demand for Blue Creek Ranch has been calculated to be 34.2 acre-feet as shown on the attached water requirements table, attached hereto and incorporated herein as Exhibit "E" ("Blue Creek Water Demand"). Either development may exceed its respective Water Demand so long as there is capacity available in the water system. The AEE Property shall have the first right and priority of service up to 36.4 acre-feet of annual water demand produced from the AEE Water Rights. Blue Creek Ranch shall have the first right and priority of service up to 34.2 acre-feet of annual water demand produced from the Blue Creek Water Rights. To the extent both AEE Water Rights and Blue Creek Water Rights are utilized, it is assumed and agreed that AEE Water Rights are utilized first for the service of AEE Water Demand and then Blue Creek Water Demand; and the Blue Creek Water Rights are utilized for the service of any additional demand. Any substantial increase to the AEE Water Demand or Blue Creek Water Demand will require amendment of this Agreement. Except with respect with AEE's retained rights as set forth in Paragraph 14 below, water service by the Water 6 1111111111111111111111111111111111111111111111111111111 591638 11/08/2001 02:17P 81301 P757 M ALSDv 7 of 23 R 115.00 0 0.00 GARFIELD COUNTY CO Association hereunder shall be appurtenant to the AEE Property and Blue Creek Ranch and shall not be transferable by AEE, AEEHOA, Blue Creek or a Blue Creek homeowners' association to any other development or property. The obligations contained in this Paragraph shall be delegated to and assumed by the Water Association, so long as the Water Association remains in existence. 9. Water Service Fees. Following connection of the Blue Creek Facilities to the Plant and conveyance of the Blue Creek Facilities to the Water Association, the Water Association shall charge water service fees to all AEE Property and Blue Creek Ranch lot or parcel owners. All lot or parcel owners within the AEE Property and Blue Creek Ranch shall be charged the same basic water service rate as set by the Water Association, which charges for water service shall be submitted directly by the Water Association to each lot or parcel owner within both developments. The Basic Rate shall be established in an amount per EQR used that covers all costs associated with the Plant and Water System Infrastructure, including, without limitation, operations, permitting, maintenance, repair and replacement of the Plant and Water System infrastructure, including a reasonable reserve. For purposes of establishing the basic water service fee, each single family residential lot on AEE Property and Blue Creek Ranch shall be assumed to require one EQR, defined as 350 gallons per day (based on 3.5 people each using 100 gallons per day) and water demand for up to 2,500 square feet of lawn and garden irrigation. The basic water service fee for non-residential uses shall be established by comparing the estimated (or actual, if the information is available) water requirement for such use to the water requirement for one EQR and adjusting the service fee accordingly. The Water Association shall have the power to charge a surcharge water service fee for water usage by a lot or parcel owner over the set water amount associated with the basic water service fee for such user. The Water Association shall also have the power to shut-off or curtail such over -usage by a lot or parcel owner. The Water Association may charge a stand-by fee to residential lot owners where a water line is installed and ready for connection to the residential lot but is not so connected. 10. Use of Water. Upon delivery of water to residences or other uses within the AEE Property and Blue Creek Ranch, use of water by the individual homeowners andlor other users shall be monitored by individual water meters installed on each residence and/or water -using structure. Such individual meters shall be required by the parties hereto. Each water user within both developments shall thereafter be obligated to pay for the amount of water delivered to the respective lots or structures as recorded by its individual meter pursuant to the rates and regulations adopted by the Water Association in accordance with the above Water Service Fees. Each lot owner and water user within Blue Creek Ranch and the AEE Property shall enter into a water service contract with the Water Association which shall set forth specific terms and provisions related to water delivery, water usage, payment obligations, and other related matters. Blue Creek intends to provide raw water to Blue Creek Ranch through its irrigation water rights and associated ditch system for the additional irrigation of lands within Blue Creek 1111111 11111 111111111111111111111 111111 1111 111111111111 11111 10 n 591.636 11/08/2001 02:17P 81301 P758 tT ALSDORF 8 of 23 R 115.00 D 0.00 GARFIELD COUNTY CO Ranch. Blue Creek will assure that there will be no cross -connections between the Blue Creek Facilities and other treated water facilities owned by individual residences and the raw water irrigation system. 11. Water Supply to PIant; Legal Water Approvals and Rights. It is understood that the source of water supplied to the Plant to serve Blue Creek Ranch and the AEE Property shall be from two wells located upon the AEE Property known as the Appaloosa Well and the Arabian Well, permitted under SEO Well Permit Nos. 053322-F and 053323-F, respectively (the "AEE Water Rights"). The AEE Water Rights are covered by Basalt Water Conservancy District Contract #343 (the "Contract"). At the time of the execution of this Agreement, the Appaloosa Well is constructed and. operational, while the Arabian Well was not contemplated to be constructed and made operational until such time as the AEE Property reached fifty percent (50%) of build out. If and when it becomes necessary to drill and connect the Arabian Well, in the discretionary opinion of the Water Association, the cost of constructing the Arabian Well and connecting it to the Plant shall be borne solely by Blue Creek or the Blue Creek homeowners' association. The parties hereto recognize and agree that it will be necessary to re -permit and/or obtain "second" well permits for the AEE Water Rights, as well as, an amendment to the Contract or an additional Basalt Water Conservancy District water allotment contract, in order to obtain legal authorization to service Blue Creek Ranch ("Re -permitting Requirements"). The fees and costs for such Re -permitting Requirements shall be borne solely by Blue Creek. AEE shall assign the Appaloosa and Arabian Well Permits and the Contract, as amended, to the Water Association subsequent to the formation of the Water Association, and subsequent to completion of the Re - permitting Requirements, after which the Water Association shall at all times keep the Contract and well permits current and in full force and effect. The Water Association shall be responsible for securing other Basalt Water Conservation District water supply contracts or other sources of augmentation for the AEE Water Rights, including obtaining Water Court decreed water rights and obtaining a Water Court plan for augmentation for the AEE Water Rights, if such actions are necessary or required in the future. To the extent fees are incurred or paid in connection with such other contracts, permits or Water Court approvals, the Water Association shall pass the costs of the same to the consumers in both developments as a part of the water service rates. The parties hereto agree that the Water Association shall have a first right of use of the AEE Water Rights and the water produced thereby upon formation of the Water Association and continuing for the duration of this Agreement. 12. Additional Water Supply. In the event of an emergency, water shortage, or any other situation which results in the AEE Water Rights not producing sufficient physical water to provide the water service to both Blue Creek Ranch and the AEE Property as provided herein, the parties agree and acknowledge that the parties shall be obligated to construct one or two wells, as needed, on Blue Creek. Ranch in order to provide a back-up supply of water to Blue Creek Ranch and the AEE Property ("Blue 11111 11111 111111 11111111111 1111111111 111 11111 11111111111 1111 991636 11/08/2001 02:17P 51301 P759 11 ALSDORF 9 of 23 R 115.00 D 0.00 GARFIELD COUNTY CO Creek Water Rights"). Such determination of insufficient physical supply shall be made by the Water Association. To the extent such well(s) are required to be constructed, the cost of construction and connection thereof, in addition to the cost of any required legal and engineering work, and permitting, contracting or Water Court approvals in connection with the well(s), shall be split equally between the two parties. Blue Creek shall cooperate with the Water Association to provide reasonable access to the Water Association for connection to the Blue Creek Water Rights and for the connection of such rights to the Plant. To the extent the Blue Creek Water Rights are not sufficient enough to provide an adequate supply of water to the Blue Creek Ranch and/or the AEE Property upon a failure of the AEE Water Rights to do so, -AEE and Blue Creek shall be obligated to secure any and all other water rights or sources in order to ensure adequate water supply to Blue Creek Ranch and the AEE Property, and the costs the-eof shall be split equally between the parties. 13. Operation_ . Maintenance and Repair. Upon installation of the Blue Creek Facilities by Blue Creek, the Water Association shall thereafter be solely responsible for operating, maintaining, repairing, improving, and replacing the PIant and the Water System Infrastructure and any facilities required to be constructed in the future as contemplated herein, and for collecting for all costs associated therewith. AEE and Blue Creek shall provide in the protective covenants of its respective homeowners' associations that such associations shall include as a cost of which they can place a lien on the lots of their respective members, the charges payable under this Agreement by an owner who is delinquent in the payments to the Water Association and shall upon request of the Water Association, foreclose such lien and collect such delinquent payments, together with interest thereon at the rate of eighteen percent (18 % per annum) and collect costs and attorney fees. Unless set forth otherwise in this Agreement, the costs associated with the obligations set forth above shall be assessed equally to the parties hereto and/or the homeowners within such developments by the Water Association. In the event it is ever determined by a qualified engineer that a third pump should be added to the Plant in order to continue to provide the water service to the AEE Property and. Blue Creek Ranch as provided herein„ or to expand such service as may be agreed upon by the parties, Blue Creek agrees that it or its successors and assigns shall be responsible for paying for such pump and its installation at the Plant. The Water Association shall keep the Plant and the Water System Infrastructure and all future facilities in good working order at all times and ensure that the Plant is at all times capable of providing the AEE Property and Blue Creek Ranch treated water supply. 14. Additional Water Users. The parties agree that nothing herein shall prevent AEE from making the Plant, distribution lines or other water infrastructure located on AEE Property or the Common Areas of the AEEHOA available for providing treated water to other properties and for receiving compensation therefore provided however, AEE agrees that it shall provide competent engineering that shows that any such additional service through the Plant demonstrates that such additional usage shall 111111111111111111111111111111111111111111 111111 III 111I 591636 11/08/2001 02:17P B1301 P760 M ALSDORF 10 of 23 R 115.00 D 0.00 GARFIELD COUNTY CO not have an adverse impact upon the ability of the Plant to provide sufficient treated water to Blue Creek Ranch or the AEE Property as provided herein. If such additional water service is to be considered, the parties agree that as a condition to AEE offering such service, the third party must contribute and provide sufficient physical and legal water supplies to support such additional water service, similar in scope and extent as required of the parties herein. If it is determined that such additional water service will be provided, Blue Creek shall not be responsible for any payment for any improvements or upgrades to the Plant to increase its capacity to avoid any such adverse impact. Notwithstanding any provisions in Paragraph 12 to the contrary, such improvements shall include the purchase and installation of a third pump or written determination from a competent engineer that such pump is not necessary to maintain the level of service provided to Blue Creek Ranch and the AEE Property prior to the additional service. Blue Creek and/or a Blue Creek homeowners' association and AEEHOA shall have no obligation in the future to pay through increased service fees for any expansion, upgrade or other improvements to the Plant or infrastructure due to the expanded use thereof, or to provide or make available the Blue Creek Wells for any additional user of the Plant. Notwithstanding the above, the parties agree that should a third party hereafter connect to the Plant and receive water service, Blue Creek shall be entitled to recover from such third party its actual costs and fees associated with constructing and installing the Arabian Well and/or a third pump, if such additional service utilizes or in any way increases the demands upon the Arabian Well and/or the third pump; and if such additional service does so use or increase such demand, both Blue Creek and AEEHOA shall be entitled to recover its respective share of the actual costs and fees associated with constructing and installing one or more of the Blue Creek Wells. All recoverable costs and fees may be escalated at the rate of 3% per year from the date of completion of these structures. Nothing herein is to be construed as consent by Blue Creek, its successors and assigns, to a third party connecting to Blue Creek Facilities or water infrastructure located on or traversing Blue Creek Ranch in order to receive water service from the Plant, such consent to be given, if at all, in the sole and absolute discretion of Blue Creek and upon such terms and conditions as Blue Creek may require. 15. Representations and Warranties of AEE and. AEEHOA. AEE and AEEHOA hereby represent and warrant to Blue Creek, as of the date hereof and again as of the date that Blue Creek connects to the Point of Delivery, that to the best of their knowledge: a. AEE and AEEHOA have full right, power and authority to grant the water service contemplated herein to Blue Creek and to enter into this Agreement and the various other agreements and documents contemplated herein, and that the provision of the water service and the entering into of this Agreement and such other agreements and documents shall not violate any other agreement, arrangement, restriction or other matter to which AEE and/or AEEHOA are a party; and b, Subject to AEE's retained rights in Paragraph 14 above, AEEHOA owns the Plant, water rights, water permits, easements and other water system 10 1111111111111111111111111111111111111111111111111111111 591636 11/08/2001 0217P 81301 P761 M ALS 11 of 23 R 115.00 D 0 00 GARFIELD COUNTY CO improvements located on the AEE Property free and clear from any and all encumbrances and liens of any kind, or in the alternative, has or will within sixty (60) days fallowing execution of this Agreement, obtained a release or sufficient subordination(s) in recordable form from any senior lienholder(s) releasing or subordinating such liens or interests to AEEHOA ownership and to this Agreement. The parties hereto shall not encumber the Plant, the easements, the water rights or other water system improvements with any debt or obligation of any kind following the execution of this Agreement by the parties except if such debt or obligation is subject to the terms of this agreement or if the encumbering party obtains the consent of the other non -encumbering parties to this Agreement. AEE, AEEHOA and Blue Creek agree that neither of them shall undertake any action or, to the extent they are affirmatively obligated to prevent an action to occur to allow any condition to exist that interferes with the uninterrupted delivery of water to either of their properties. 16. Breach of Contract Default. In the event of a breach of any of the terms and conditions of this Agreement, the non -breaching party shall give the party or parties in default written notice of said breach and a thirty (30) day right to cure; provided, however, that if it is determined in any of the parties sole discretion that the cure of any breach by the other party is immediately necessary in order to protect the health, safety, and welfare of any of the water users, the 30 -day cure period set forth above shall not apply. In the event the breaching party has not cured said default within the 30 -day period, or begun the diligent undertaking of good faith efforts to cure the default, within the 30 day period, the non -breaching party may bring an action in the Garfield County District Court for damages, mandatory injunctive relief, andlor specific performance and, if determined to be the prevailing party, shall be entitled to recover from the other party reasonable attorneys' fees and costs expended in connection with such action. 17. Assignment, Blue Creek shall have the right, without the consent of AEE and AEEHOA, to assign all or a portion of its right, title and interest in this Agreement to any other party that is a successor in ownership to all or any portion of Blue Creek Ranch, and to any homeowners' association formed to govern all or any portion of Blue Creek Ranch, so long as any such assignee shall assume in writing Blue Creek's obligations hereunder and, to the extent that all of such obligations are assigned, Blue Creek is released from any responsibility for such obligations subsequent to the assignment thereof. AEE shall have the right, without the consent of Blue Creek, to assign all or a portion of its right, title and interest in this Agreement to any other party that is a successor in ownership to all or any portion of the AEE Property, and to any homeowners' association formed to govern all or any portion of the AEE Property, so long as any such assignee shall assume in writing AEE's obligations hereunder and, to the extent that all of such obligations are assigned, AEE is released from any responsibility for such obligations subsequent to the assignment thereof. AEEHOA shall have the right, without the consent of Blue Creek or AEE, to assign all or a portion of its right, title and interest in this Agreement to any other party that is a successor 11 111111111111111111111111111111111111111 1111111111111111 591636 11/08/2001 02:17P 81301 P762 M PLSOORF 12 of 23 R 115.00 0 0.00 GARFIELD COUNTY CO organization or homeowners' association, so long as any such assignee shall assume in writing AEE's obligations hereunder and, and has the power and authority to meet those obligations, and to the extent that all of such obligations are assigned, AEEHOA is released from any responsibility for such obligations subsequent to the assignment thereof. 18. Termination of Water Association. The parties recognize that the provision of water service to Blue Creek Ranch and the AEE Property is a vital necessity. Therefore, it is understood that in the event the Water Association is terminated, dissolved or caused to cease existence for any reason, the Water Association shall convey undivided interests to Blue Creek (or the Blue Creek homeowners' association, if formed) and AEEHOA, their successors and assigns, without any consideration, the various components of the Water System Infrastructure, the Plant, and the water rights/interests, respectively, together with any and all easements and other assets and rights of the Water Association in order that the parties can continue to provide water service to the homeowners within each development. Thereafter, the AEE homeowners association and the Blue Creek homeowners association shall be equally responsible for operating, maintaining, repairing, improving and replacing the Water System Infrastructure. In such event, the respective homeowners' associations shall abide by the obligations and agreements contained in this Agreement until such time as this Agreement is terminated or amended to provide otherwise_ 19. No Conveyance or Encumbrance. Neither AEE nor Blue Creek shall sell, convey, transfer, hypothecate, lease, loan, or encumber the AEE Water Rights or the Blue Creek Water Rights, respectively, without the express written consent of the other party. 20. Indemnification. The parties agree to indemnify, defend, and hold the other harmless from any and all claims, liabilities, injuries, deaths, suits, causes of action or losses of any nature whatsoever incurred by either party resulting from any activity undertaken by such party on the property of the other pursuant to this Agreement. The parties hereto intend not to duplicate any legal services or other costs associated with the defense of any claims against either party described in this section. Therefore, the parties hereto agree to cooperate in full to prevent duplicative expenses incurred as a result of the indemnification herein described. 21. Notice. All notices required under this Agreement shall be in writing and shall be hand -delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt. All notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to 12 1111111111111111111111111111111111111 lil i3 inni s iii 591836 11/08/2001 02 13 of 23 R 115.00 D 0.00 GARFIELD COUNTY CO which future notices shall be sent. Notice to Blue Creek: With Copy To: Notice to AEE: With Copy To: Blue Creek Land Holdings, LLC c/o Rob Cumming 3220 County Road 100 Carbondale, CO 81623 Arthur J. Schiler, Esq. Lane Industries, Inc. One Lane Center 1200 Shermer Road Northbrook, Illinois 60062 Aspen Equestrian Estates, LLC c/o Jay Weinberg PO Box 4788 Aspen, CO 81612 Klein-Zimet P.C. c/o Herb Klein, Esq. 201 N. Mill St. #203 Aspen, CO 81611 Phone: (970) 925-8700 Fax: (970) 925-3977 22. Miscellaneous Provisions. a. This Agreement shall be construed under, and in accordance with, the laws of the State of Colorado. b. This Agreement shall be binding upon and inure to the benefit of Blue Creek, AEEHOA and AEE and their respective legal representatives, successors and assigns. c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 13 11111111111111111111111111111 11111111111111111111111111 591636 11/08/2001 02:17P B1301 P764 f1 ALSDORF 14 of 23 R 113.00 D 0.00 GARFIELD COUNTY CO d. This Agreement constitutes the sole and only agreement of Blue Creek, AEEHOA and AEE with respect to the Plant, Water System Infrastructure and water service herein and supersedes any prior understandings or written or oral agreements between Blue Creek, AEEHOA and AEE with respect to the matters contained herein. This Agreement may not be amended or modified except by written agreement signed by Blue Creek or its successors and assigns, including a Blue Creek homeowners' association, and AEE or its successors and assigns, and AEEHOA or its successors and assigns. e. Blue Creek, AEEHOA and AEE pledge to utilize their best good faith efforts to act in a timely and reasonable manner to fulfill their obligations hereunder. ' f. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. g. The section headings utilized herein are for reference purposes only and are not intended in any way to describe, interpret, define or limit the scope, extent or intent of this Agreement or any part hereof. h. The failure by either Blue Creek, AEEHOA or AEE to enforce against the other party any term or provision of this Agreement shall be deemed not to be a waiver of the right of either Blue Creek, AEEHOA or AEE to enforce against the other party the same or any other such term or provision. 1 1. This Agreement may be executed in multiple originals or counterparts, each of which shall be an original and, when Blue Creek, AEEHOA and AEE have each signed and provided to the other party at least one (1) copy, such copies 1 together shall constitute a fully executed and binding agreement. Signatures transmitted by facsimile shall be binding as original signatures. 1 j. If either Blue Creek (or a Blue Creek homeowners' association), AEEHOA or AEE files any action or brings any proceeding against the other arising out of this Agreement, then as between Blue Creek (or a Blue Creek homeowners' association), AEEHOA and AEE, the substantially prevailing party shall be entitled to recover, as an element of its costs of suit and not as damages, reasonable attorneys' fees to be fixed by the court. A party not entitled to recover its costs shall not recover attorneys' fees. No sum for attorneys' fees shall be counted in calculating the amount of a judgment for purposes of determining whether a party is entitled to attorneys' fees. 1 k. Nothing herein contained shall be deemed or construed by the parties hereto or by any third person to create the relationship of principal or agent or of partnership or joint venture or of any association between AEE, AEEHOA and Blue 1 Creek, except as parties to this Agreement. • 14 11111 11111 111111 1111 1111111 11111 11111 10111111111111 591636 11/08/2001 02:17P B1301 P765 11 ALSDORF 15 of 23 R 115.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, Blue Creek, AEEHOA and AEE have executed this Agreement as of the date first above written. BLUE CREEK: BLUE CREEK LAND HOLDINGS, LLC, a Colorado limited liability company By: LANE INDUSTRIES, INC., a Delaware corporation, its sole manager By: '''',.'S...,:\, _ �`� _ � Name: Arthur J. Schiff _____`, Title: Senior Vice President, Secretary and General Counsel AEE: ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited liability company By: ..._ Name: AEEHOA: ASPEN EQUESTRIAN ESTATES HOMEOWNERS' ASSOCIATION, INC. Attest: 15 1111111111111111111111111111111111111111111111111111111 381636 11/08/2001 02:17P 81301 P766 h ALSDORF 16 0f 23 R 115.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) ss. COUNTY OF -Ac td. ) Acknowledged, subscribed, and orn to before me this day of , 2001, by Irr �r+v i �Q /'` , as . hest " of LANE INDUSTRIES, INC, as Managing Member CREEK LAND HOLDINGS, LLC. ( Witness my hand and official seal. My Commission expires: SEAL STATE OF COLORADO COUNTY OF Acknowledged, 2001, SS. subscribed, by c•j of ASPEN etArk-CV +�� }� • Pa of BLL,,,,•`'...•..., Notary Public and sworn to before me this M day of r(4 Lr1 ii(i,?E EQUESTRIAN ESTATES, LLC. as W' d and official seal. pair fires: va' • (S E ,r ,a ,oUB,0: Q 4r,a�•ra.• Qe STATE ►` . `l`.= --i O ) _4_2_213 ss. COUNTY OFP,.. > ) Acknowledged, subscribed, and sworn to before me this 1,day of 2001, by NJ t 'gj , as of ASP EQUESTRIAN ESTATES HOMEOWNERS' PiOZS ASSOCIA 16 Notary Public 1 111111 1 1111 1111 1111111 11111 1111 111111 1111 r 591636 11/08/2001 02:17P 01301 P767 M ALSDORF 17 of 23 R 115.00 D 0.00 GARF I ELD COUNTY CO LEGAL CESCR 171101 Our Order No. GW234155-3 A PARCEL OF LAND SITUATED lei 1 IIIE UNTIED STATES GOVERNMENT LOTS 1, 2, 6, 7, 11 AND THE NORTHEAST QUARTER SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE V WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, SAID PARCEL 15 LOCATED SOUTHERLY OF COLORADO STATE HIGHWAY NO. 82, EASTERLY OF GARFIELD COUNTY ROAD 100 AND NORTHERLY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT-OF-WAY, AND IS MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID GOVERNMENT LOT 2, SECTION 31, THENCE SOUTH 00 DEGREES 55'02" EAST, A DISTANCE OF 1197.02 FELL TO THE INTERSECTION OF SAID COUNTY ROAD 100 EASTERLY RIGHT-OF-WAY WITH THE SOUTHERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY NO 82, THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID STATE HIGHWAY SOUTHERLY RIGHT-OF-WAY THE FOLLOWING: NORTH 81. DEGREES 01'05" EAST, A DISTANCE OF 7.29 EKE TO THE POGTTION FOR COLORADO DEPARTMENT OF TRANSPORTATION (CDOT), i'VIONUMENT 529 OF PROJECT NO. CX(FC) 24-0032-26 (MISSING), (SAID POINT IS MARKED BY A WETNESS CORNER MONUMENT, A 5/8" STEEL ROD WITH YELLOW PLASTIC CAP MARKED BUETTNER L3166 WC, AT A DISTANCE OF NORTH 81 DEGREES 01'05" EAST, 2.00 Etta FROM THE CDOT MIONUMENT POSITION, SAID WITNESS CORNER MONUMENT IS LOCATED AT THE BASE OF A WIRE FENCE); THENCE NORTH 81 DEGREES 01'05" EAST, A DISTANCE OF 120.91 F i TO A CDOT MONUMENT 530 OF SAID CDOT PROJECT; THENCE NORTH 72 DEGREES 01'13" EAST, A DISTANCE OF 183.31 F r.. f TO THE CDOT MONUMENT 531 OF SAID PROJECT; THENCE SOUTH 84 DEGREES 43'15" EAST, A DISTANCE OF 401.16 FEET TO THE CDOT MONUMENT 532 (MISSING NOW MARKED WITH A 518" STEEL ROD AND YELLOW PLASTIC CAP MARKED BUETTNER 13166), OF SAn) PROJECT; THCE SOUTH 78 DEGREES 30'40" EAST, A DISTANCE OF 332.98 FEET TO A WIRE FENCE CORNER; THENCE DEPARTING SAM STATE RIGHT-OF-WAY SOUTH 00 DEGREES 35'23" WEST, A DISTANCE OF 1834.33 FEET ALONG A WIRE FENCE TO A FENCE CORNER; THENCE SOUTH 89 DEGREES 16'33" EAST, A DISTANCE OF 23L46 Fri TO A FENCE CORNER; THENCE SOUTH 00 DEGREES 10' 42" EAST A DISTANCE OF EAST, A DISTANCE OF 785.71 1t1.h.i ALONG A WERE FENCE TO A ACTION WITH THE 1 -ENVER AND RIO GRANDE WESTERN RAILROAD NORTHERLY RIGHT-OF-WAY, SAID POINT OF INTERSECTION BEING WITHBN THE ROARING FORK RIVER; THENCE WESTERLY ALONG SAID NORTHERLY RAILROAD RIGHT-OF-WAY, BE NG LOCATED WITHIN THE ROARING FORK RIVER THE FOLLOWING SOUTH 80 DEGREES 27'41" WEST, A DISTANCE OF 230.73 FFJ•.1; SOUTH 83 DEGREES 46'38" WEST, A DISTANCE OF 96.97 F ; SOUTH 84 DEGREES 11'43" WEST A DISTANCE OF 99.20 FEET; SOUTH 84 DEGREES 12'11" WEST, A DISTANCE OF 99.74 FEET; SOUTH 84 DEGREES 12'20" WEST, A DISTANCE OF 99.08 FEET; SOUTH 84 DEGREES 12'45" WEST, A DISTANCE OF 103.09 Iih.h.t; SOUTH 84 DEGREES 06'14" WEST, A DISTANCE OF 97.41 Fi'E1; SOUTH 84 DEGREES 09'08" WEST, A DISTANCE OF 100.70 FEET; LI IHX3 111111111iii 11111111111111111 i1111 11111 ill Ililt1111111 , 1B of�23IR0115.00 D20.00 GARFIELD6COUNTY SCOR IJEGFL L.E.SCR FnC `! Our Order No. GW234155-3 SOUTH 84 DEGREES 53'34" WEST, A DISTANCE OF 96.53 FEET; SOUTH 86 DEGREES 56'14" WEST, A DISTANCE OF 93.61 IE i; NORTH 89 DEGREES 35'50" WEST, A DISTANCE OF 93.75 ; NORTH 86 DEGREES 21'01" WEST, A DISTANCE OF 94.46 FEET; NORTH 82 DEGREES 59'43" WEST, A DISTANCE OF 94.93 FIZI; NORTH 79 DEGREES 59'43" WEST A DISTANCE OF 95.24 EE 1; NORTH 77 DEGREES 47'12" WEST, A DISTANCE OF 97.04 b" I; NORTH 77 DEGREES 19'56" WEST, A DISTANCE OF 99.76 'FEET; NORTH 77 DEGREES 10' 16" WEST, A DISTANCE OF 86.35 FEET TO A LNTERSECTION WTITI THE EASTERLY R1GHT-OF-WAY OF GARFIELD COUNT -TY ROAD 100; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY THE FOLLOWING COURSES AND CURVES: THENCE NORTH 36 DEGREES 10' 38" EAST, A DISTANCE OF 9/37 E'EN.,.; THENCE ALONG A CURVE TO THE LFET 145.86 FEET, JE F, THE RADIUS OF SAID CURVE BENG 340.:.'7 FEET, THE CEYTRAL ANGLE IS 24 DEGREES 33' 37", THE CURVE LONG CHORD BEARS NORTH 34 DEGREES 23' 49" EAST, A DISTANCE OF 144.75 FEET; THENCE NORTH 12 DEGREES 07' 00" EAST, A DISTANCE OF 1490. 00 1~-.1; THENCE ALONG A CURVE TO THE LETT 296.07 1+EE'T, THE RADIUS OF SAID CURVE BEING 1462..39 kEE.I, THE CENTRAL ANGLE 15 11 DEGREES 36' 00", THE CURVE LONG CHORD BEARS NORTH 06 DEGREES 19' 00" EAST, A DISTANCE OF 295.57 FEET; THENCE NORTH 00 DEGREES 30' 48" EAST, A DISTANCE OF 727.56 FEET TO THE TRUE POINT OF BEGINNING COUNTY OF GARFTELD STATE OF COLORADO 11111011111111111111111111111111111111011111111111111 591636 11/08/2001 02:17P B1301 P769 M ALSDORF 19 of 23 R 115,00 D 0.00 GARFIELD COUNTY CO EXHIBIT B Aspen Equestrian Estates Subdivision ACCORD NG TO THE Plat map thereof filed for public record in the office of the Clerk and Recorder of Garfield County, Colorado as Reception No. 564578 located in the County of Garfield, State of Colorado L 11 MO gr 6 El EF, F MEM E= �0 0 16 P 0 06 el:4) tc, m 61 -14 iNi ell IC *4 di 0 X670 B N - t 1.-I m ie N 1 1 1 1 1 1 1 1 1 1 1 1 fla imm1 War Rikm-,41 ith I' Ai. 41,iti.,,.....miiiizit ''"E.411144114. j 1RN li Izi4;1 V. 1: k 111111110,.„,.........---... 4, ,. U EXHIBIT 'SEWLTIEII WATER AND SEWER CONNEC LOCATION DETAIL NOTES:1) BLUE CREEK RANCH AND 'PORTION OF CE, SI]PRIS ENGINEERING. 2) ASPEN EQUESTRAIN ESTATES AND ST. FI DRAWINGS BY HIGH COUNTRY ENGINEERING. 1.4NCANEtLA AND ASTOGIATES, /AC 3) LOCATION, ORIENTATION, SCALING, ETC_ SHOULD NOT BE USED FOR DETAILED DESIG Paw ow e19CIE �om ivCWJE u.Pri000 SPRINCS, CFkc -DO 8442 ONO 9e5-3990 BLUE CREEK RANCH i 13[11 ••• O 0 Mill -A Cal WrIMMIN — • 0 Mill 6.6_ - 4.1 �d SO OM • • w -4 MEM 0 IV -11 esi mem 0-I P-6_ Er 0s•+ MMN - La O '1 num FIGURE NO. 1 20779 MI I MI MI M I l I MI NM lin. NM co 0 i a F- o N v O. a MIM to a � m 43 - 13. • Mom C•4 t9 is •�l9 Ml= ®t5? �ei U) • - co MO M M=I m =EM w N in L.. r• O - tom: Table 2 F'reshana Farms P.U.D. Estimated Water Requirements Water Use Inputs i'T• .°i',f 1, '.r. Damesl)c Demands • •• ! i 41 ,. 14 n *;r, Csmrrierclil Demands °4f i .: 111 .1 ii ',°'''itim-Clther Demands i ea' rort l .• : , . 1 of Residences 59.4 units *of Commercial Units 5.2 Pond Surface Area 0.00 acres 4 persons/residence 3.5 capfunit $ personslunil 3.5 Annual Net Evaporallon 3.00 R 1 gallons/person/day 100 gpcd ■ gallons/person/day 100 gpcd Livestock 30.00 units Percent Consumed 5% Percent Consumed 5% Livestock Consumption 15.00 gpcd Lawn Irrigation 2500 sq-11./unit Lawn Irrigation 2500 eq-ft/unit Irrigated Open Space 0.00 acres Application Efficiency 70% Application Efficiency 70% Application Efficiency 70% Crop brig regmnl (CIR) 1,99 R Crop Irrig regmnl (CIR) 1.99 R Crop irrlg regmnt (CIR) 1.99 ft Water Use Calculations Month 1q.:11.„ Diversion Requlrernerifs' ri A+ '/' e..kl "tirot (6) Total (ac -ft) + ty'log (7) Average'' Flow (gpm) I ` ?1 (6) Domestic In-house (ac -ft) 444,14;Ei (9) Commercial in-house (ac -ft) " a Consum pUye Use !� ,h`qi (10) (11) (12) DomlComm Open Space Live- Irrigation Irrigation stock (ac -f1) (ac -ft) (ac -ft) ?1•. .7: s (13) Total Cacti) :_c' •ri ,'1l :t? 4, (14) Average Flow (gpm) (1) (2) Domestic Commercial In-house In-house (ac -ft) (ac -rt) (3) (4) (6) Dom\Comm Open Space Live- Irrigation irrigation stock (ac -ft) (ac -ft) (ac -R) January 1.978 0.17 0.00 0.00 0.043 2.19 16.0 0.099 0.01 0.00 0,00 0.04 0.15 1.1 February 1.786 0.16 0.00 0.00 0.039 1.98 16.0 0.089 0.01 0.00 0.00 0.04 0.14 1.1 March 1.978 0.17 0,00 0.00 0.043 2.19 16.0 0.099 0.01 0.00 0.00 0.04 0.15 1.1 April 1.914 0.17 0.33 0.00 0.041 2.45 18.5 0.096 0.01 0.23 0.00 0.04 0,38 2.8 May 1.978 0.17 2.00 0.00 0.043 4.20 30.8 0.099 0.01 1,40 0.00 0.04 1.55 11.3 June 1.914 0.17 2.53 0.00 0.041 4.65 35.1 0.096 0.01 1.77 0.00 0.04 1.92 14.4 July 1.978 0.17 2.40 0.00 0.043 4.59 33.5 0.099 0.01 1.68 0.00 0.04 1.83 13.3 August 1.978 0.17 1,56 0.00 0.043 3.75 27.4 0.099 0.01 1.09 0,00 0.04 1.24 9.1 September 1.914 0.17 1,32 0.00 0.041 3.44 26.0 0.096 0.01 0.92 0.00 0.04 1.07 8.1 October 1.978 0.17 0.42 0.00 0.043 2.62 19.1 0.099 0.01 0.30 0.00 0.04 0.45 3.3 November 1.914 0.17 0,00 0.00 0.041 2.12 16.0 0.096 0,01 0.00 0.00 0.04 0.15 1,1 December 1.978 0.17 0.00 0.00 0.043 2.19 16.0 0.099 0.01 0.00 0.00 0,04 0.15 1.1 Annual 23.284 2.04 10.68 0.00 0.50 36.39 22.62 1.16 9,10 7.39 0.00 0.50 9.18 5.65 02-Apr.99 Zenceneiia & Aseoc, inc Water Resources Engineers Glenwood Springs. CO Jobe 07420 equsel.vrk4 a jjiiiii-011 N NMI S ME INN OM N M INV G - - NM in ' Month January February March April May June July August September October November December Annual 00mee86 DertiAd # # of Residential EQRs 50.0 EQRs # persons/EQR 3.5 cap/EQR # gallons/person/day 100 gpcd Percent Consumed 5% Lawn Irrigation 2500 sq-IUEQR. Application Efficiency 7U% Crop Irrig regnsnl (CIR). 1:99 Il Domestic In-house (a c -ft) 1.665 1.504 1.665 1.611 1.665 1.611 1.665 1.665 1.611 1.665 1.611 1.665 Table 2 Blue Creek Ranch Estimated Water Requirements Water Use inputs CarrirmerClel Demaftde # of Commercial EQRs 2 0 EQRs� # persons/EQR # gallons/person/day Percent Consumed Lawn irrigation Applicatiun Efficiency 3.5 cap/EQR 100 gpcd 5% 2500 so-ft/ECM 70% Crop brig reprint (GIRL_ T_ 1.99 ft .. � . � Di�+eraiort,Ftes�ulr;�msnls. . (2) (3) (4) Commercial Dom\Corner Pond in-house Irrigation Evaporation (ac -ft) 0-07 0.06 0.07 0.06 0.07 0.06 0.07 0.01 0.06 0.07 0 06 0.0/ Water Use Calculations Live- Average stock Total Flow (ac -ft) (ac -rt) (ac -ft) (ac -ft) (gprn) 0.00 0.00 0.00 0.27 1.61 2.04 1.93 1.25 1.06 0.34 0.00 0.00 19.600 0.78 8.50 , Zancanerta & Associates, Inc. Water Resources Eng. -leers Glenwood Springs. CO 0.00 0.09 0.18 0.45 0.67 0.89 0.91 0.79 0.53 0.31 0.11 0.00 0.029 0.026 0.029 0.020 0.029 0.028 0.029 0.029 0.028 0.029 0.028 0.029 1.76 t.68 1.94 2.4 2 4.04 4.63 4.60 3.81 3.29 2.41 1.81 1.76 12.8 13.6 14.2 182 29.5 34,9 33.6 27.8 24.8 17.6 13.6 12.8 Other Demands Pond Surface Area Annual Net Evaporation Livestock Livestock Consumption Irrigated Open Space Application Efficiency Crop frig regnvrl (CIRL. Domestic Commercial In-house In-house (ac -ft) (ac -ft) 0.083 0.075 0.003 0 081 0.083 0.081 0.083 0.083 0.081 0.083 0.081 0.083 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 1.90 acres 2.59 fl 20.00 units 15-00 gpud 0.00 acres 70% 1,99 11 __.. Cgnsumptivo Use _ a (10) (11) (12) .._ �. (1.3)., (14)» DanllComrn Pond Live- Average Irrigation Evaporation stock Total Flow (ac -it) (ac -ft) (ac -it) (ac -ft) (gpm) 0.00 0.00 0.00 0.19 1,13 1.43 1.35 0.80 0.74 0.24 0.00 0.00 4.93 0.34 34.15 21.12 0.98 _-- ----0.04 5.95 Units 10 Single Family Affordable Units 20 Singh, Family Freernarkel Units 10 Single Family Large lots 10,000 Sq Ft Contrnerclal Total 0' 1.00 1.25 ® 1.50 0.00 0.09 0.18 0.45 0.67 0.89 0.91 0.79 0.53 0.31 0.11 0.00 0.029 0.026 0.029 0.028 0.029 0.026 0.029 0.029 0.026 0.029 0.028 0.029 0.12 0.19 0.30 0.75 1.92 2.43 2.37 1.79 1.38 0.66 0.22 0.12 4.93 0.34 12.23 EQRIUnit EQR/Unil EQH/Uni1 Tolal EQRs 10.00 25.00 15.00 2.00 52.00 0.8 1.6 2.2 56 14.0 18.3 17.3 13.0 10.4 4.8 1.6 0.0 7.55 m -i-ro -xxlm 03/08/01 Zancanella & Associales, Inc. EQR tluecreek2.123 1 1191116111111111/M10/111110021.911 2310111 11 111 11112101011,1 P749 COUNTY CO BILL OF SALE KNOW ALL BY THESE PRESENTS, that ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited tiability Company, whose address is PO Box 4788 Aspen, CO 81612 (Seller) for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid; at or before the ensealing or delivery of these presents by ASPEN EQUESTRIAN ESTATES HOMEOWNERS ASSOCIATION, INC. (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: wells, well structures, casings, casing heads, water storage tanks, distribution lines, service lines, pipes, pumps, pump houses, pressure tanks, valves, treatment plant or tanks, and any other personal property, equipment or hardware affixed to our used in connection with the water supply and wells known as the Appaloosa Well and the Arabian Well, permitted under SEO Well Permit Nos. 053322-F and 053323-F, respectively, and covered under Basalt Water Conservancy District Water Allotment Contract #343 and all other facilities associated with and/or appurtenant to Aspen Equestrian Estates Subdivision, located upon the real property as described on the plat map (the "Plat") for the Aspen Equestrian Estates Subdivision (hereinafter "Subdivision"), filed for public record in the office of the Clerk and Recorder of Garfield County, Colorado as Reception No. 564578 located in the County of Garfield, State of Colorado. 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 Seller and Buyer filed for public record in the Office of the Clerk and Recorder of Garfield County, Colorado at Book/ Page fiJ3. and Reception No. 5976.53 , and specifically excepts and reserves unto Seller the right to jointly use, operate, maintain, access, repair, replace, alter, modify, enlarge, expand, locate and relocate the property described above. EXHIBIT a \O 111101111111111111111111111111111111111111111111111111 391633 11/08/2001 0209P B1301 P750 M ALSDORF 2 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO IV WITNESS day of/7 jm/12 REOF the Seller has executed this Bill of Sale this ,2001. COUNTY OF ) STATE OF COLORADO The foregoing was 2001, by Aspen Equestrian Witness my hand My commission e Aspen Equestrian Estates, LLC By JAY N. WEINBERG, Manage ss. acknowledged before me this 64_ day of Ok;9jfj ., Estat _..�.,� N. Weinberg, its Manager. weinberglpreshlblu-bill of sale -water -2- 1:1111111111111111111111111111! 1111 IIIII� I�� 11111 IIII 1111 591634 11/08/2001 02:06P B1301 P746 M ALSDORF i' 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Herbert S. Klein, Esq. Klein-Zimet, P.C. 201 North Mill Street, Suite 203 Aspen, Colorado 81611 GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT, for and in consideration ofthe sum of Ten Dollars ($10.00) in hand paid and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the undersigned Aspen Equestrian Estates, LLC, a Colorado Limited Liability Company, (the "Grantor") being the record owner of the land known as the Equestrian Lot (the "Grantor's Property") as described on the plat map (the "Plat") for the Aspen Equestrian Estates Subdivision (hereinafter "Subdivision"), filed for public record in the office of the Clerk and Recorder of Garfield County, Colorado as Reception No. 564578 located in the County of Garfield, State of Colorado, for itseif and its administrators, successors and assigns, hereby grants, transfers, sells, conveys and assigns unto Aspen Equestrian Estates Homeowners Association, Inc. (the "Grantee"), and its administrators successors and assigns, the following perpetual non-exclusive easements over and across the real property situated in the southwest comer of Grantor's Property and described on the Plat as "Easement for Potable Water System" (the "Water System Area") The easements are as follows: (a). an easement twenty (20) feet in width centered upon all water lines and pipes appurtenant to the potable water storage and treatment facilities located within the Water System Area; and (b). an easement which includes the water storage and treatment facilities, other than the lines and pipes referred to in (a) above, located within the Water System Area and extending ten feet around the perimeter of said facilities. The easements may be used by Grantee and its assigns to provide potable water and fire flows only to the subdivided residential lots in the Subdivision, its Common Areas and the Equestrian Lot. Any use ofthe easements to serve property other than as set forth above shall require the consent of Grantor, which consent may be withheld in Grantor's sole and absolute discretion, for any reason or no reason at all. The burdens and benefits of the easements shall run with the title to the Grantor's Property and the subdivided residential lots in the Subdivision and its Common Areas as provided for herein. 11111 111111111111111111111111111111111111111111111111 59 634 11/08/2001 02:06P 81301 P747 M ALSDORF II2 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 This conveyance is expressly made subject to the terms and conditions of the Memorandum of Agreement executed by Grantor and Grantee filed for public record in the Office of the Clerk and Recorder of Garfield County, Colorado at Book( Paged and Reception No which includes certain reservations of Grantor and retained rights with respect to the use of the water system which provides potable water to the Subdivision. 37/455 The easements conveyed and accepted hereby are covenants running with the lands of the Grantor and the Grantee and a benefit and a burden to the properties and persons identified herein. In the event of any breach of the terms of this agreement, the prevailing party in any litigation shall be entitled to an award of reasonable attorney fees and costs. IN WITNESS WHEREOF, the Grantor and Grantee have executed this Grant of Easement as of this 5 day of Seiognif200L GRANTOR: COUNTY OF Aspen Equestrian Estates, LLC STATE OF COLORADO ) ) SS. Jay N. Weinberg, Manager The foregoing was acknowledged before me this �y,day o,3� __'! Z0O1, by Aspen r•-�� .,� .�• �-•,� les LLC, Jay N. Weinberg, its Manager. fix......, HF ". ssAmy'nana .t'; • official seal. y comr is ionle es: g • • •G • 0: v t -.o `S 'pU$' .. ••¢�' 'Notary Public reDFCu- -2- 1 11111111111111111111111111111111111111111111111 Illi 1111 591634 11/08/2001 02;06P 01301 P748 M ALSDORF 3 of 3 R 19.00 D 0.00 GARFIELD COUNTY CO GRANTEE: 1 1 1 1 COUNTY OF STATE OF COLORADO Aspen Equestrian Estates Homeowners Association, Inc. ss. ay N. Weinberg, President 1 The as acknowledged before me this &. day o, 2001, by Aspen E •: a`' ► Homeowners Association, Inc., by Jay N.. Weinberg, its President. „�N". 01} A , tp �i1t'c0 OiTnd :a rtti 45.B0'Tm& ovccry 1 1 r 1 1 1 1 1 1 1 weinbcrepeeshlea:. o t cial seal. -3- Notary Public I1NI�II1111IIIIII 1111 IIIIIIIIIII 111111 III IIIII IIIIIIII 7` 1 of 13 R 6'3.00 D 0.00 GARF IELD COUNTY CO RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Herbert S. Klein, Esq. Klein-Zimet, P.C. 201 North Mill Street, Suite 203 Aspen, Colorado 81611 MEMORANDUM OF AGREEMENT (Water System) Parties The parties to this Agreement are ASPEN EQUESTRIAN ESTAIhS, LLC, a Colorado limited liability Company, whose address is PO Box 4788 Aspen, CO 81612 ("AEE") and ASPEN EQUESTRIAN ESTATES HOMEOWNERS ASSOCIATION, INC., a Colorado Nonprofit Corporation (hereinafter "Association"), Recitals WHEREAS, the Association is a homeowners association formed pursuant to the Colorado Common Interest Ownership Act Colo. Rev. Stat. §§ 38-33.3-101, et. seq. and is comprised solely of lot owners within the Aspen Equestrian Estates Subdivision (hereinafter "Subdivision"), a subdivision located in Garfield County, Colorado and more particularly described on the plat (the "Plat") filed for public record in the office of the Clerk and Recorder of Garfield County, Colorado as Reception No. 564578. WHEREAS, AEE is the developer of the property encompassing the Subdivision and owner and/or holder of: (1) the Appaloosa Well, Arabian Well and Pinto Well structures and all appurtenances, including well pumps ("AEE Wells"), and water storage and water treatment facilities for the domestic water system ("the Plant") which serves the Subdivision; (2) the land upon which the Plant is located known as the Equestrian Lot as shown on the Plat; (3) Water Allotment Contract No. 343 from Basalt Water Conservancy District ("BWCD"); and (4) the following water rights and/or well permit approvals (the "Water Rights") for the domestic water supply to the lots within the Subdivision, to wit: Appaloosa Well permitted under SEO Well Permit No. 053322-F; Arabian Well permitted under SEO Well Permit Nos. 053323-F; and Pinto Well permitted under SEO Well Permit No. 53232. Said Water Rights are entitled to divert individually or cumulatively up to 36.4 acre-feet of groundwater annually for use within 47 single family dwellings and three employee dwellings, the irrigation of 3.4 acres of gardens and lawns, the watering of livestock, and commercial uses associated with the Equestrian Lot. 1 1111111111111111111111111111111111111111111111111111111 391633 11/08/2001 02:01P B1301 P734 M ALSDORF 2 of 13 R 68.00 D 0,00 GARFIELD COUNTY CO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WHEREAS, Association is the owner of the water system distribution lines located within the Common Areas (the "'Common Areas") of the Subdivision pursuant to a deed therefore recorded as Reception No. 564583, Book 1191 at Page 277 in the office of the Clerk and Recorder of Garfield County, Colorado. WHEREAS, Garfield County has required as a condition to subdivision approval that the Plant, AEE Wells and water system distribution lines and all appurtenances (collectively, the "Water System") and Water Rights, in an amount sufficient to provide the Subdivision with an uninterrupted year-round domestic water supply, be conveyed by AEE to the Association. This requirement has been incorporated and made a part of the Subdivision Improvements Agreement (hereinafter "SIA") executed by AEE and Garfield County on the 6th day of June, 2000 and filed for public record in the Office of the CIerk and Recorder of Garfield County, Colorado as Book 1191 Page 230 and Reception No.564581 WHEREAS, the Water System, in physical capacity and yield, exceeds that required to supply the Subdivision with an uninterrupted year-round supply of domestic water. WHEREAS, AEE has agreed to convey and/or transfer to the Association an undivided interest in the Water System and its ownership in and to the Water Rights, along with the BWCD Contract #343, to meet its obligation under the Subdivision Improvements Agreement above described. WHEREAS, the parties have agreed that AEE shall, as hereinafter set forth, retain and have the right to utilize all excess physical capacity in the Water System following Subdivision use, to divert, store, treat, transport and/or otherwise apply groundwater to beneficial use for itself or for any third party to whom AEE chooses to make the water available. 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. 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. AEE shall, pursuant to quit claim deed and assignment in the form attached hereto as Exhibit "A," convey and assign to the Association the Water Rights with express reservation of the rights to expand and/or jointly use the AEE Well structures associated with the Water Rights for AEE's use or for AEE making such structures available to third parties at AEE's sole discretion. 2 u1111111 11111 111111 111111111111111 111111111 11111 11111111 591633 11/08/2001 02:01P 61301 P735 M ALSDORF 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3 of 13 R 55.00 D 0.00 GARFIELD COUNTY CO 2. AEE shall, pursuant to Grant of Easements in the form attached hereto as Exhibit "B," convey to the Association, easements of the following description for the purpose of operating, repairing, replacing and maintaining the Water System, with express reservation of the rights to expand and/or jointly use the easements to provide water for AEE's use or for AEE making such easements available to third parties at AEE's sole discretion: a. a width of twenty (20) feet centered upon all water lines and pipes appurtenant to the Plant above described which are located upon the Equestrian Lot within the Subdivision. b. a radial width of ten (10) feet around the perimeter of water storage tank appurtenant to the Water System above described and located upon the Equestrian Lot within the Subdivision. 3. AEE shall, pursuant to Bill of Sale in the form attached hereto as Exhibit "C," transfer to the Association all physical components and appurtenances to the Water System, with express reservation of the rights to expand and/or jointly use the Water System for AEE's use or for AEE making such structures available to third parties at AEE's sole discretion. 4. Upon providing (10) days advanced written notification to the Association, AEE shall have the right, in a manner which does not unreasonably interfere with Subdivision use, to connect to the Water System and utilize the excess capacity of the Water System not required for Subdivision use, to divert, store, deliver and otherwise apply groundwater to beneficial use from the AEE Wells or other well sources of water supply constructed within the Common Areas or outside the Subdivision ("Additional Sources"). For the purpose of this paragraph, the cessation in the delivery of domestic water to the Subdivision for time periods not exceeding (4) continuous hours and resulting from construction activities incident to those initiated by AEE pursuant to paragraphs 4 and 5 herein, shall not constitute unreasonable interference with Subdivision use. As used in this paragraph, "excess capacity" shall be defined as follows: a. groundwater withdrawals over and above 36.4 acre-feet of water annually from the AEE Wells, in combination ("Subdivision Water Demand"). b. storage, treatment and distribution capacity over and above that required to meet Subdivision Water Demand. tank. c. equal shared use of 180,000 gallons of fire flow capacity in the water storage 3 I 1111111111111111111111111111111111111111111111111111111 591633 11/08/2001 02:01P 61301 P736 Ml ALSDORF 4 of 13 R 65.00 D 0.00 GARFIELD COUNTY CO d. equal shared use of the gpm pumping rate from the AEE Wells so long as storage, treatment and distribution capacity are available in accordance with the above. 6. The Association shall allow AEE access to the Common Areas for the purpose of the construction, operation, maintenance, repair, renovation, expansion, relocation and replacement of the Water System, the AEE Wells or Additional Sources, water lines, and/or other facilities necessary to the diversion, delivery and application to beneficial use of the water produced from the AEE Wells and/or Additional Sources. 7. In the event it should become necessary for AEE to drill and construct additional wells upon any portion ofthe Common Areas or on property located outside the Subdivision, the Association shall waive its right to object and shall affirmatively provide its consent to the placement of said wells within (600) feet of any well owned by the Association. 8. AEE shall be responsible for obtaining the necessary State Engineer and/or Water Court approvals to allow for increased diversions through the AEE Wells above the Subdivision Water Demand. The Association shall not object to any water court proceedings, well permit requests or other such approval measures and shall waive its right to object, and shall affirmatively provide its consent, to 600 foot well spacing and the obtaining of well permits for the increased withdrawals from the AEE Wells. 9. In the event it is necessary to relocate or replace any of the AEE Wells or any Additional Sources, the Association shall not object to such relocation or replacement and the terms of this Agreement shall apply as if the relocated or replaced well was as originally drilled. AEE shall be responsible for any such relocation or replacement, shall reasonably restore the land to its former condition, and take whatever actions are necessary legally or physically to effectuate the change. 10. Prior to the time at which AEE first utilizes the Water System under its retained rights and this Agreement, the Association shall be responsible for the operation and maintenance of the Water System and the payment of all costs and expenses incurred thereto. "First utilizes the Water System" under this Agreement shall mean actual calling for and receiving of treated water from the Plant. 11. Subsequent to the time at which AEE first utilizes the Water System under its retained rights and this Agreement, the parties shall be responsible, in accordance with their proportionate water use therein, for all costs/expenses incurred incident to the operation and maintenance of Water System, unless the parties agree to share the costs under a separate arrangement. For the purpose of this paragraph, the proportionate water use of the parties shall equal the respective amounts of water delivered through the Water System to the parties, divided by the total amount of water delivered through the Water System during the applicable billing period. 1111111111111111111111111111111111111111111111111111111 591633 11/08/2001 02:01P B1301 P737 M ALSDORF 5 of 13 R 65.00 D 0.00 GARFIELD COUNTY CO 12. This Memorandum of Agreement may be relied upon by BWCD or other parties as a "well sharing agreement" between the parties for all purposes. 13. 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 It is expressly acknowledged that AEE shall have the right to assign, transfer or convey all or a portion of its rights and . obligations under this Agreement to third parties for the purposed of extending water service through the Plant to such third parties, and may receive compensation therefore. 14. This Agreement contains the entire agreement between the parties and supersedes all prior understandings, agreements, negotiations and representations written and oral not contained herein. 15. 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. 16. 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 1N WITNESS WHEREOF the parties have signed this Memorandum of Agreement on the day and year set forth herein. COUNTY OF STATE OF COLORADO ) Aspen Equestrian Estates, LLC . ay N. Weinberg, Manager ss. The foregoing was acknowledged before me this day of 1, by Aspen Equestrian Estates, LLC, Jay N. Weinberg, its tness my hand and official seal. fres: • . e 1111111 11111 111111 1111111111 1111111111 111 11111 1111111 11111 111111 111 1111111 1111 111111 111 11111 1111 n 591633 11/08/2001 02201P 81301 P738 M RLSDORF 6 of 13 R 65 00 D 0.00 GARFIELD COUNTY CO Aspen Equestrian Estates Homeowners Association, Inc. COUNTY OF STA IF. OF COLORADO ) - Weinberg, President The foregoing was acknowledged before me this day of Lei 2001, by Aspen Equestrian Estates Homeowners Association, Inc., by Jay N.. W President. j\N•Qt��f- . • `O o 11-6- OF C° tness my hand and official seal. y co r� -scion expires: . Notary Public welrib erg \ pre sk memorandumofagreemen taee“eehoa . f 6 1111111111111111111111111111111111111111111111111111111 591633 11108/2001 02:01P 81301 P739 !1 ALSDORF 7 of 13 R 65.00 D 0.00 GARFIELD COUNTY CO 1 QUIT CLAIM DEED AND ASSIGNMENT KNOW ALL BY THESE PRESENTS, that ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited liability Company, whose address is PO Box 4788 Aspen, CO 81612 (Grantor) for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid; at or before the ensealing or delivery of these presents by ASPEN EQUESTRIAN ESTATES HOMEOWNERS ASSOCIATION, INC. (Grantee), the receipt of which is hereby acknowledged, has granted, bargained, sold, conveyed, quit claimed, confirmed and assigned and by these presents does grant, bargain, sell, convey. quit claim, confirm and assign unto the said Grantee, its successors and assigns, to the following real and personal property, to -wit: 1 1. State Engineer's Office Well Permit No. 053322-F and water rights associated with the Appaloosa Well, together with any applicable well drilling logs, pump installation reports and statements of beneficial use. 2. State Engineer's Office Well Permit No. 053323-F and water rights associated with the Arabian Well, together with any applicable well drilling Iogs, pump installation reports and statements of beneficial use. 3. Any and all interest in Basalt Water Conservancy District Water Allotment Contract #343. EXCEPTING AND RESERVING therefrom, the right of Grantor to jointly use, operate, maintain, access, repair, replace, alter, modify, enlarge, expand, locate and relocate the structures associated with the wells, water rights and structures described 1 above. This conveyance is expressly made subject to the terms and conditions of the Memorandum of Agreement executed by Grantor and Grantee filed for public record in the Office of the Clerk and Recorder of Garfield County, Colorado at Book Page 1 and Reception No. TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, forever. IN WITNESS WHEREOF the Grantor has executed this Quit Claim Deed and 1 Assignment this day of , 2001. 1 1 1 1 1 Aspen Equestrian Estates, LLC By JAY N. WEINBERG, Manager 1111111111111111111111111111111111111111111111111111111 991633 11/08/2001 02:01P 81301 P740 M ALSDORF 8 of 13 R 85.00 0 0.00 GARFIELD COUNTY CO COUNTY OF ) STATE OF COLORADO ) ss. The foregoing was acknowledged before me this day of , 2001, by Aspen Equestrian Estates, LLC, Jay N. Weinberg, its Manager. Witness my hand and official seal. My commission expires: Notary Public W:1Weinberg1487 A\Docs\Quit Claim Deed and Assignment_doc 1 1 !11111111111111111111111111111111111111111111111111111 591633 11/08/2001 02:01P B1301 P741 M ALSDORF 9 of 13 R 63.00 D 0.00 GARFIELD COUNTY CO 1 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Herbert S. Klein, Esq. Klein-Zimet, P.C. 201 North Mill Street, Suite 203 Aspen, Colorado 81611 GRANT OF EASEMENT 1 KNOW ALL MEN BY THESE PRESENTS: THAT, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the undersigned Aspen Equestrian Estates, LLC, a Colorado Limited Liability Company, (the "Grantor") being the record owner of the land known as the Equestrian Lot (the "Grantor's Property") as described on the plat map (the "Plat") for the Aspen Equestrian Estates Subdivision (hereinafter "Subdivision"), filed for public record in the office of the Clerk and Recorder of Garfield 1 County, Colorado as Reception No. 564578 located in the County of Garfield, State of Colorado, for itself and its administrators, successors and assigns, hereby grants, transfers, sells, conveys and assigns unto Aspen Equestrian Estates Homeowners Association, Inc. (the "Grantee"), and its administrators successors and assigns, the following perpetual non-exclusive easements over and across the real property situated in the southwest comer of Grantor's Property and described on the Plat as "Easement for Potable Water System" (the "Water System Area") The easements are as follows: (a). an easement twenty (20) feet in width centered upon all water lines and pipes appurtenant to the potable water storage and treatment facilities located within the Water System Area; and (b). an easement which includes the water storage and treatment facilities, other than the lines and pipes referred to in (a) above, located within the Water System Area and extending ten feet 1 around the perimeter of said facilities. The easements may be used by Grantee and its assigns to provide potable water and fire flows only to the subdivided residential lots in the Subdivision, its Common Areas and the Equestrian Lot. Any use of the easements to serve property other than as set forth above shall require the consent of Grantor, which consent may be withheld in Grantor's sole and absolute discretion, for any reason or no reason at all. The burdens and benefits of the easements shall run with the title to the Grantor's Property and the subdivided residential lots in the Subdivision and its Common 1 Areas as provided for herein. 5331111110l2h01111 1 10 of 13 R 65.00 D 0.00 GARFIELD COUNTY CO This conveyance is expressly made subject to the terms and conditions ofthe Memorandum of Agreement executed by Grantor and Grantee filed for public record in the Office of the Clerk and Recorder of Garfield County, Colorado at Book _, Page . and Reception No which includes certain reservations of Grantor and retained rights with respect to the use of the water system which provides potable water to the Subdivision. The easements conveyed and accepted hereby are covenants running with the lands of the Grantor and the Grantee and a benefit and a burden to the properties and persons identified herein. In the event of any breach ofthe terms of this agreement, the prevailing party in any litigation shall be entitled to an award of reasonable attorney fees and costs. ME WI NESS WHEREOF, the Grantor and Grantee have executed this Grant of Easement as of this day of 5e/ti-:16 f2001. GRANTOR: COUNTY OF Aspen Equestrian Estates, LLC STATE OF COLORADO 3 3 55. Jay N. Weinberg, Manager The foregoing was acknowledged before me this ,,day o 5-4-,e,,. 2001, by Aspen-••�':i� ,, tes, LLC, Jay N. Weinberg, its Manager. i ss my d • • official seal. L.y commission x es: :0 • Cr. v -17''s or Opti _2_ 1111111 1111111131111111111111 1111111111 111111111111 591633 11/08/2001 02:01P B1301 P743 1't ALSDORF 11 of 13 R 65.00 D 0.00 GiRFIEL.D COUNTY CO GRANTEE: COUNTY OF STATE OF COLORADO The fore 2001, by Aspen E President. Aspen Equestrian Estates Homeowners Association, Inc. By SS. ay N. Weinberg, President acknowledged before me this 5/4 day o(15;19--,2, Homeowners Association, Inc., by Jay N.. Weinberg, its w6nbcrtpreahkb..h2Q. i cial seal. -3- Notary Public 1111111 lull 1111111111111111111111111111111111111111111 891633 11/08/2001 02:01P 81.301 P744 M ALSDORF 12 of 13 R 63.00 D 0.00 GARFIELD COUNTY CO BILL OF SALE KNOW ALL BY THESE PRESENTS, that ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited liability Company, whose address is PO Box 4788 Aspen, CO 81612 (Seller) for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid; at or before the ensealing or delivery of these presents by ASPEN EQUESTRIAN ESTATES HOMEOWNERS ASSOCIATION, INC. (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: wells, well structures, casings, casing heads, water storage tanks, distribution lines, service lines, pipes, pumps, pump houses, pressure tanks, valves, treatrnent plant or tanks, and any other personal property, equipment or hardware affixed to our used in connection with the water supply and wells known as the Appaloosa Well and the Arabian Well, permitted under SED Well Permit Nos. 053322-F and 053323-F, respectively, and covered under Basalt Water Conservancy District Water Allotment Contract #343 and all other facilities associated with andlor appurtenant to Aspen Equestrian Estates Subdivision, located upon the real property as described on the plat map (the "Plat") for the Aspen Equestrian Estates Subdivision (hereinafter "Subdivision"), filed for public record in the office of the Clerk and Recorder of Garfield County, Colorado as Reception No. 564578 located in the County of Garfield, State of Colorado. 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 Seller and Buyer filed for public record in the Office of the Clerk and Recorder of Garfield County, Colorado at Book —, Page . and Reception No. , and specifically excepts and reserves unto Seller the right to jointly use, operate, maintain, access, repair, replace, alter, modify, enlarge, expand, locate and relocate the property described above. 111111111111111111111111111111111111111111111111111 I1RF1 591633 11/08/2001 02:01P 51301 P745 M AL 13 of 13 R 65.00 D 0.00 GARFIELD COUNTY CO 1N WITNESSREOF the Seller has day of C p7 n&�, 2001. COUNTY OF ,9.(T, .c.1 STATE OF COLORADO The foregoing was 2001, by Aspen Equestrian Witness my hand My commission e, weinberglpresh\blu-bill of sale -water 3 ss. 3 executed this Bill of Sale this Aspen Equestrian Estates, LLC By ��JAY N. WEINBERG, Maria acknowledged before me this c-74. day of OtkeriPy Estat . _,..., N. Weinberg, its Manager. N R. G14 . Oyu des. 0.S.923 • cora -2- QUIT CLAIM DEED TH1S DED, made this 2801 day of Scptarrrber , 2000 between WILLIAM J. GILLIGAN AND JAYNE M. GILLIGAN grantor. whose street address is; 3400 ADAMS ROAD, OAK BROOK. IL f 0513 County of , State of Illlrots for the consideration of To Dotlrlrt mod other rood _Bid valuabltt eoasl(tItoa Dollars in hand paid. hereby sells and quitclaims to: BLUE CREEK LAND HOLDINGS, L_L.C., A COLORADO LIMITED LIABILITY COMPANY grantee. whose stmt address is: t 935 HIGHWAY 11, CARBONDALE, CO 11423 County or Garfield , State of Colorado , the following legally described water rights' SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF Appurtenant to' SEE EXHIBIT "3" ATTACHED HER$TO AND MADE A PART THEREOF. st above writen. State of AIImoIs )ss. County of I ) The foregoing instrument was acknowledged before me this 1Etts 2000 by WILLIAM J. GILLIGAN AND JAYNE NI Witness my hand and utt'ctal seal My commission epi rs• „ L1r r tt- tr., .. ._ 'BITA M Whe Itecort ,,aror :ti • v. to : o+o.+ Q rs YATIMACA (6.6.41) Return to: GILLIGAN day of September u+ s uviol llLtlii CREHK LAND HOLDI1IGS L.L.C. A COLORADO LIMITED LIABILITY COMPANY 19351 HIGHWAY 12 CARBONDALE, CO 11623 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EXHIBIT „A,. WATER RIGHTS 26.51150`" of ail right, title and interest originally acquired by T.O. Ranch Company of Colorado in and to Basin Ditch No. 45. under original Priority Nos. 49 and 108, that being an amount of 0.176 c.f.s. in each priority, and 26.51150'" interest in 33.2 c.f.s. under Priority No. 294. That being 5.865 c.f.s, (said original interest in T.O. Ranch Company of Colorado being an undivided 1/5 interest in and to said Priority Nos. 49 and 1(18).. 2. An undivided 1 1138"` interest in and to all right. title and interest originally acquired by T.O. Ranch Company of Colorado in and to Middle Ditch No. 68, under original priority No, 83, that being 0.96 c.f.s.. (said original interest ofT.O. Ranch Company of Colorado being an undivided 1/3 interest therein). 3, 37173`" interest of all right, title and interest originally acquired by T.U. Ranch Company of Colorado in and to Lower Ditch No. 21 under original priority No 23. that being 0.365 c.f.s., (said original interrss of T O. Ranch Company of Colorado being an undivided one-half interest in and to priority No. 23). and a 451134'" interest as to priority No. 721. that being 3 996 c.f.s.. (said interest being the entire original interest acquired by T 0 Ranch Company of Colorado). 4. Underground water rights in'T.O. Well," identified as Colorado State Engineer's No. 10560, with priority Mate of June 5, 1941. described in Case No. W-849. in the District Court in and for Water Division No. 5. State of Colorado, estimated to be 0.1 l c. f.s. 5. All of applicant William J. Gilligan's right. title and interest in and to the C.C.Cerise Gilligan Ditch. decreed for 3.0 c.f.s. in Case No. 90W196 in Water Division No. 5 on August 3 I. 1992, with an appropriation date of February 2U. 1988. EXHIBIT B A PARCEL OF LAND SITUATZD IN THE UNITED STATES 0OVZRNWINT LOTS 1, 2, 6. 7. 11 AND THE NORTHEAST QUARTER SOUTHWEST QUART!' Or SICTION 31, TOWNSHIP 7 SOUTH. RANCE 17 W12T OF TH1 SIXTH PRINCIPAL W.X.IDIGARFIELD COUNT!. COLORADO, SAID ?ARC1L 19 LOCAT1ts S017THTRLY 07 COLORADO STATE EI0HMAY Q. 1I. EASTERLY or GARFIELD COUNTT ROAD 100 AND NORTHERLY OF TRI DrHvu AND RIO CRANIA WESTIRN RAILROAD RICHT-Or-NAY, AND IS WORE SULLY DrSCII3TD AE FOLLOWS' COMMENCING AT THE NORTHWEST7RLT MANIA 0T SMD COV19.NWINT LOT 2, SECTION 31. THINCS SOUTH 00 DIORTIS 55'02" ZXST. A DIST)J4C'I Or 1197.02 1111 TO THE INTIRSLCT1ON 0r SAID COUNTY ROAD 100 1AJTIRLY RIGHT-OF-WAY WITH 1141 HOVTR$RLY RIGHT -OT -WAY Or COLORADO STATE HIGHWAY NO. 62, THI TRU'! POI211' OF SZGINNING: THINCI EASTERLY ALONG SAID STATE HIGHWAY SOUTHERLY RICHT-Or-NAT TEL 7OLLDNING' NORTH 11 DIGRESS 01'05• LAST. A DI9TANC1 OT 7.19 1711 TO THI POSITION YOR COLORADO DLPAATHENT Or TRANSPORTATION {COOT). Re7NV141N7 529 OF PROJECT NO. C3ETC] 24-0093-26 (MISSING), (SAID r0INT I9 MAUZD DY A WITNESS CORNER MONUMENT, A 511" STEEL ROD mini YELLOW PLASTIC CAP MARKED IUTITNII 13166 WC, AT A DISTANCE Or NORTH 91 0701112 01'05" LAST. 2.00 7721 7/40)4 THE COOT KONUMRI:cT POSITION. SAID WITNZSS CORNER NUN/HUNT IS LOCATED AT TH1 BASE Or A NIR! TIHC171 T)1NC1 NORTH )40fi'JMINT 530 THENCE NORTH NONt1?RZ13T 531 THENCE SOUTH MOWUNENT 531 S1 0101118 01'05` EAST. A DISTANCE Or 130.11 771T TO A C00T Or SAID COOT PROJECT; 72 0701118 01':3" LAST, A DISTANCE OF 111.61 PIET TO THS CDOT OF SAID PROJ1CT; 14 DE0R11S 43'15' LAST. A DISTANCE Of 401.16 1111 TO THI CDOT iWI3SIN0 MOM KARXID WITH A 511. 1111 ROD AM1 YELLOW PLASTIC CAP KARIIO 3U1TTHIR 13161). 0r SAID PROSECT: THING SOUTH 78 DEGREES 30'40• BAST. A DISTANCE 07 312.31 7IIT TO A WIRE ?INCE CORNER+ T1S7NC1 DEPARTING SAID STATE RICHT-01-WAY SOUTH 00 D7GR11S 35'23" KIST. A DI5TA1107 07 1134.33 TEST ALONG A WIRE TINCT TO A 11D1C1 CORNER, TR1NCI SOUTH 19 0709112 16'31" EAST. A DISTA1C1 Or 231.46 TEXT TO A TiNCI CO R 7412 THE/ICI SOUTH 00 DECREES 10' 42" EAST A DISTANCE Or LAST, A DISTANCE Or 785.71 FEET ALONG A NIR7 FENCE TO A INT1R87CTION WITH TEI DENVER AND RIO ORtAXDI WESTERN RAILROAD NORTHERLY RIGHT -Or -NAY, SAID POINT 0r INTIRIECTION !WINO WIT74I1 THE RoAsuNG TORR RIV'!ttr T3[1HC7 WIWT!RLY ALONG SAID NORTHERf.. RAILROAD RIC7{T-Or-WAY. 1i1IX0 LOCATED WI171IN THI ROARING 7077 RIVER T11 FOLLOWING' SOUTH S0 DIGRESS 27'41' WEST, A DISTANCE Or 130.73 PIET: SOUTH 63 DECRIES 41'38" NEST, A DIITANCI OP 96,97 TELT: SOUTH 14 DIGRl12 11'43" NEST A DIITA3LC1 OF 19.20 717Ti SOUTH 64 D70R118 12'1.1" HIST, A DISTANCE Or 19.74 FRIT; SOUTH 84 0101129 11'20" NM. A DISTANCE OF 99.00 722T, SOUTH 84 DECREES 12'45" WEST, A DISTANCE 0I 103.09 TILT: SOUTH 14 01011!5 06'14` WEST, A DISTANCE Or 97.41 MT) SOUTH 84 07021IS 09'08' MIST. A DISTANCE 01 100.70 TEXT; SOUTH 04 DECREE 53'34" NEST. 16 DISTANCE Or 96.53 ?LST; SOUTH 06 DECREES 56'14• NIST. A DISTANCE 07 93.61 TIES, NORTH 81 D7OR173 35'50" !NIST. A DISTANCE Or 93.75 ?111, WORTH 66 O10777S 21'01' W2'1, A DISTANCE or 94.46 77171, KOAT1 82 077(1113 39'43• WEST. A 022TAN01 Or 14.93 71!1, NORTH 79 DEGREES 59'43• MIST A DISTANCE OI 95.24 TSB':; WORT) 77 DECRIES 47'12" WEST, A DISTANCE 0r 97.04 FEET, NORTH 77 DEGREES 19'56' WEST, A DI5TANC1 OF 99.76 71111 NORTH 77 DIGRESS 10' 16' wl3T. A DISTANCE Or 96.35 PITT TO A INTIRSICSION WITH T141 EASTERLY RICHT-Or-NAY 0r CARTI1LD COLUTT ROAD 100: THENCE NORTHERLY AL0N0 9AID EASTERLY RI0RT-Or-71.1 T111 TOLLOwI)0 COS5R919 AND C•JRVI3 . 'MINCE NORTH 31 0!01775 10' 38" EAST, A ,DISTANCE' 07 97.37 FRET' -MINCE ALON0 A CURVI TO THI LEFT 145.06 EXIT, TRI RADIUS OF SAID CURVI BEING 140.27 MT, 1:41 CI."+C-.RAE. Ai4C.3 19 24 07017(5 33' 37", TNI CURVE LONG CHLD BEARS NORTH 24 DECRIES 23' 49" !AST. A 0ISTANCE 07 144.75 FIST, MINCE NORTH 12 DEGREES 07' 00' EAST. A DISTANCE Of 1490. 00 PITT; ZZEIDIT a THINCZ ALONG A CURVT TO Til! Li?T 2]6.07 itr?. TRW RADIUS Oi SAID CURV; BRING 1442.79 IIIT, THIS CIXTRAL ANGLI IS 11 OIDAIXS 36' 00", THZ cURV* LONG CHORD /MARS NORTH 04 DIORISS 15,' 00" LAST, A DISTANCt OF 295.37 ?ZrtI THING'S NORTH 00 DIGRESS 30' 46" RXST, A DIffTJUICt 01 727.34 ?ZIT TO TNI TRU$ POINT 07 BROWNING. ING. couwrr 01 GA.R?IULD STATE 07 COLORADO NU Y " Llil1 T STATE OF COLORADO Bill Owens, Governor line E. Norton, Executive Director fiedfcated to protecting and ,rowing he health and environment of rhe people of Colorado 4300 Cherry Creek Dr. S. Denver. Colorado 80246-I 530 Phone (303) 692-2000 TDD Lime 13031691.7700 Located in Glendale. Colorado November 21, 2001 Laboratory and Radiation Services Division B100 Lowry Blvd, Denver, Colorado 3023o-6928 13031 692-3090 B1uc Creek Land Holdings, LLC c/o Robert Cummings, Jr. 19351 Highway 82 Carbondale, CO 81623 Re: Site Application 44565 Garfield County Dear Mr. Cummings: t4,iora io °Tan:ruwt al -Public Health and Environment The Water Quality Control Division has reviewed and evaluated your site application and supporting documentation far construction of a wastewater treatment facility to be located in the NW 1/4 of the SE 1/4 of Section 31, T7S, R87W, to serve Blue Creek Ranch, and to discharge to the Roaring Fork River. Prior to the operation of the facility, a discharge permit will be required which will specify the final conditions and limitations of the operations of the facility. Enclosed is an application for the permit. We find your application to be in conformance with the Water Quality Control Commission's "Regulations for the Site Application Process". Therefore, the site application i9 approved with the following conditions listed below. 1. Based upon application information, the system design will be for Average Daily flow Capacity — 0.020 mgd Organic Loading Capacity — 50 lbs. B0D,lday Treatment Processes to be used — Individual septic tanks, lift station, recirculating sand filter, and UV disinfection 2, Preliminary Effluent Parameter Values:. B0D5— 30/45 mg/1 (30-dayt7-day average) Suspended Solids — 30/45 mg/1(30-day/7-day average) Fecal Coliform — 6,000/12,000 #/100 rnl (30-day/7-day geometric mean) Design for values in excess of those contained in conditions 1 and 2 above, or failure to comply with any other conditions contained herein, will render this approval void and another site application will have to be processed. 3. This site approval will expire one year from the date of this lettcs if the construction of the project has not commenced by that date. If expiration occurs, you must apply for a new site approval. Construction is defined as entering into a contract for the erection or physical placement of materials. equipment, piping, earthwork, or buildings that are to be a part of a domestic wastewater treatment works. — APPENDIX 12 Blue Creek Land Holdings, LLC c/o Robert Cummings, Jr. November 21, 2001 Page 2 of 2 4. The design (construction plans and specifications) for the treatient works must be approved by the Division prior to commencement of construction and all construction change orders initiating variances from the approved plans and specifications must be approved by the Division. 5. The applicant's registered engineer must furnish a statement prior to the commencement of operation stating that the facilities were constructed m conformance with approved plans. specifications, and change orders. In accordance with Colorado Water Quality Control Commission regulations, this approval is subject to appeal as stated under Section 22.8 (7) of "Regulations for the Site Application Process". inns approval does not relieve the owner from compliance with all local regulations prior to construction nor from responsibility for proper engineering, construction, and operation of the facility. Sincerely, t J. David 072‘41 irrt Director Water Quality Control Division rDf tlb cc: Garfield County Planning Department — Attn. Mark Bean Zancanella & Associates — Attn. Torn Zancanella Somas Bennett, Environmental Protection Specialist, WQCD Dwain Watson, Enviromnental Protection Specialist, WQCD-Grand Junction Susan Nachtrieb, Per -nits Unit Manager, WQCD Bill McKee, Upper Colorado Watershed Coordinator. WQCD Plant Operator Certification Board, CDPH&E APPENDIX 13 BYLAWS OF ASPEN EQUESTRIAN ESTATES AND BLUE CREEK RANCH WATER ASSOCIATION ARTICLE I. ADOPTION OF BYLAWS The following Bylaws are effective as of the day of , 2002, and were adopted for the regulation and management of the affairs of Aspen Equestrian Estates and Blue Creek Ranch Water Association (the "Water Association") at a meeting of the Board of Directors held on said date. The Water Association was formed under the Colorado Revised Nonprofit Corporation Act, as amended (the "Act") by the filing of Articles of Incorporation with the Colorado Secretary of State on , 2002. These Bylaws are controlled by and shall always be consistent with the provisions of the Act and the Articles of Incorporation of the Water Association, as either of the foregoing may be amended from time to time. ARTICLE II. OFFICES A. Principal Office. The principal office of the Water Association shall be located at , Colorado . The Board of Directors may change the principal place of business at any time. The Water Association may also have offices at other places within Colorado as the Board of Directors may from time to time approve. B. Registered Office and Agent. The Act requires that the Water 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 Water Association. The initial registered office and the initial registered agent are specified in the Articles of Incorporation of the Water Association but may be changed by the Water 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. ARTICLE III. WATER ASSOCIATION'S MAILING ADDRESS Payment of service charges and all correspondence to the Water Association (other than correspondence and notices from the Secretary of State to the Water Association) shall be sent to Aspen Equestrian Estates and Blue Creek Ranch Water Association, Byla ws Aspen Equestrian Estates and Blue Creek Ranch Water Association 1 ARTICLE IV. NONPROFIT STATUS A. Net Earnings. No part of the income or net earnings of the Water Association shall inure to the benefit of or be distributable to any Member, Director or officer of the Water Association or any other corporation or private individual; however, reasonable compensation may be paid for services actually rendered to or for the Water Association and any officer, Director, agent or employee or any other person or corporation may be reimbursed for expenses advanced or incurred for the Water Association's benefit upon authorization of the Board of Directors. No Member, Director or officer of the Water Association, nor any other corporation or private individual, shall be entitled to share in any distribution of any of the corporate assets upon dissolution of the Water Association or otherwise except as expressly set forth herein or in the Articles of Incorporation. B. Dissolution. In the event of the dissolution of the Water Association, the assets of the Water Association shall be distributed to all. Members and all lienholders as their interest may appear as provided by section 501(c)(12) of the Internal Revenue Code of 1986 and Colorado law then in effect. The proceedings for dissolution shall be conducted in accordance with Article 134, Title 7 of the Colorado Revised Statutes, as the same may be amended. C. Prohibited Income. Notwithstanding any other provision hereof, this Water Association shall not conduct or carry on any activities nor permit or receive any income which is prohibited under the applicable provisions of Section 501 of the Internal Revenue Code as amended. ARTICLE V. MEMBERS AND MEMBERSHIP RIGHTS A. Members. The Members of the Association are Aspen Equestrian Estates Homeowners' Association and Blue Creek Ranch Homeowners Assocation. B. Private Water System. The Water Association's Water System is a private, domestic water system. Only the Members of the Water Association in good standing shall be entitled to and shall receive water service from the Water Association's Water System as set forth herein. For purposes of these Bylaws, reference to the Water Association's "Water System" shall refer but not be limited to the water storage tank, water treatment plant and related facilities located upon the Aspen Equestrian Estates Homeowners' Association Common Area (the "Plant") and all treated water supply, storage, transmission and distribution facilities and improvements within both Aspen Equestrian Estates and Blue Creek. Ranch (the "Water System Bylaws Aspen Equestrian Estates and Blue Creek Ranch Water Association Infrastructure"), all as more particularly described in the Water Supply and Connection Agreement by and between Blue Creek Land Holdings, LLC, Aspen Equestrian Estates, LLC and Aspen Equestrian Estates Homeowners' Association dated September 5, 2001 and recorded in the Office of the Garfield County Clerk and Recorder on November 8, 2001 in Book 1301 at Page 752 as Reception No. 591636 (the "Water Supply and Connection Agreement"). C. Rights, Preferences and Obligations. The designations, preferences, rights and obligations of Membership in the Water Association, and the limitations thereof, are as follows: 1. Membership shall entitle the Member(s) to utilize the Water Association's Water System. 2. Each Member shall enter into a water service contract with the Water Association which shall set forth specific terms and provisions related to water delivery, water usage, payment obligations, and other related matters. 3. All Members of the Water Association shall be subject to and shall comply With all accounting and reporting requirements, and any other obligations imposed by the Water Association pursuant to its authority under these Bylaws and its Articles of Incorporation, regarding the use of water utilities. Failure of a Member to comply with the provisions of such requirements or obligations may result in suspension of service to such Member. D. Membership Appurtenant to Real Property. The Members shall only provide water from the Water System to the owners of fee simple title to a lot in Aspen Equestrian Estates or Blue Creek Ranch. This provision is intended to prevent injury to property owners which could result from any Member transferring water available through its Membership for use of the Water Association's Water System. ARTICLE VI. MEETINGS OF MEMBERS A. Annual Meeting. The Members shall not be required to hold annual meetings.. B. Special Meetings. Special meetings of the Members may be called at any time by resolution of a majority of the Board. Such special meeting shall be held in or near _ , Colorado, at the time and place stated in the notice thereof, and the business of such meeting shall be limited to that set out in such notice. C. Notice of Meetings. Notice of any meetings, annual or special, shall specify the time, place and purpose of the meeting and shall be delivered, either personally, by mail or by facsimile, to all Members. Notice for meetings shall be sent Bylaws Aspen Equestrian Estates and Blue Creek Ranch Water Association 3 not less than ten (10) and no more than sixty (60) days prior to such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail, postage prepaid, addressed to the Member at his or her or their address as it appears on the record books of the Water Association. D. 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. ARTICLE VII. SERVICE CHARGES A. Purposes. The Board of Directors sets service charges for the purposes of compensating the Water Association for water services provided and for keeping the Water Association's property in good repair: for the purposes of constructing, repairing, replacing, enlarging, maintaining, and improving the Water System: for the purpose of adjudicating water rights and augmentation or exchange plans; for the purpose of obtaining well permits: for the purpose of acquiring additional water, water rights, change of water right decrees, rights-of-way and water storage reservoirs; for the purpose of paying obligations or indebtedness: for the legal and other costs of organizing and carrying out the business of the Water Association; for the payment of compensation to employees, agents, officers, Directors or other parties engaged by the Water Association in the furtherance of its purposes; for the purpose of creating such reserve or contingent funds as the Board of Directors may deem from time to time necessary and proper for the financial stability and welfare of the Water Association; and for any other purpose as set out in its Articles of Incorporation and these Bylaws; provided, however, that: 1. Notwithstanding the Board's right to create a capital reserve or contingent fund, service charges for operating, repairing, maintaining and replacing the Water Association's Water System shall be limited to actual or projected expenses, and shall be equally made against all Memberships. For purposes of this paragraph, ordinary operating, repair, maintenance and replacement expenses shall consist of the cost of insurance and the repair and maintenance of the Water System and appurtenant facilities. 2. Service charges for capital improvements (those improvements other than operating and maintenance activities and repair or replacement of existing facilities or structures) shall be made only upon the affirmative vote of seventy-five percent (75%) of the Directors. Service charges for capital improvements shall be equally made against all outstanding Memberships. Bylaws Aspen Equestrian Estates and Blue Creek Ranch Water Association 4 3. Service charges for administrative, engineering, legal and professional services, compensation to the Water Association's employees and/or agents, and reserve and contingent funds deemed necessary by the Board of Directors shall be equally made against all outstanding Memberships without regard to the individual Member's position in the Water Association's Water System. B. Basic Rate. The Basic Rate for water service charges shall be established in an amount per EQR used that covers all costs associated with the Water System, including, without limitation, operations, permitting, maintenance, repair and replacement of the Water System, including a reasonable reserve. For purposes of establishing the basic water service fee, each single family residential lot on Aspen Equestrian Estates and Blue Creek Ranch property shall be assumed to require one EQR, defined as 350 gallons per day (based on 3.5 people each using 100 gallons per day) and water demand for up to 2,500 square feet of lawn and garden irrigation. The basic water service fee for non-residential uses shall be established by comparing the estimated (or actual, if the information is available) water requirement for such use to the water requirement for one EQR and adjusting the service fee accordingly. C. Surcharge for Over -Usage. The Water Association shall have the power to charge a surcharge water service fee to a Member for water usage by a lot or parcel owner over the set water amount associated with the basic water service fee for such user. The Water Association shall also have the power to shut-off or curtail such over -usage by a lot or parcel owner without Member consent. D. Use of Water. Upon delivery of water to a residence or other uses within Aspen Equestrian Estates or Blue Creek Ranch, use of water by the individual homeowners and/or other users shall be monitored by individual water meters installed on each residence and/or water -using structure. Such individual meters are required pursuant to the terms of the Water Supply and Connection Agreement. E. Minimum Service Charge. To encourage the timely and cost-effective collection of service charges by the Water Association, the minimum service charge amount collected by the Water Association, for either monthly or special service charges, shall be dollars ($ ) per Membership, or the amount set by the Board of Directors. F. Payment of Service Charges. The Water Association shall cause monthly service charges on Memberships thereof to be levied on a pro rata basis as hereinabove provided, and to be payable in money. Any monthly service charges imposed shall be paid in full within fifteen (15) days of the date of the invoice for such charges. G. Determination of Service Charges. The rate structure for service charges shall be determined by the Board of Directors at the annual meeting or any Bylaws Aspen Equestrian Estates and Blue Creek Ranch Water Association 5 special meeting called for that purpose. In the event the monthly service charge set by the rate structure shall prove to be insufficient to meet the requirements of the Water Association for the year for which such rate structure was established, the Board of Directors, without a vote of the Members, may at any time amend the rate structure for the purpose of providing for any deficiency in revenue. The service charge set by the amended rate structure shall be paid as determined by the Board and collected in a like manner as the monthly service charge previously in effect. H. Notice of Service Charges. Upon authorization of the annual rate schedule for service charges by the Board as set forth herein, the Secretary of the Water Association shall notify all of the Members of such rate schedule and monthly service charges no later than one month after its effective date. All notices of service charges shall state the time and manner of payment, the amount due and shall be deposited in the United States Post Office, postage prepaid, directed to the last known mailing addresses of the Members as shown on the books of the Water Association. I. Failure to Pay Service Charges. In the event any Member fails, within 60 days after receipt of written notice, sent certified mail, return receipt requested, to pay any service charge for its Membership, the Water Association shall have the following remedies: 1. Termination of Service. The Water Association may withhold or terminate the delivery of water utility services to the Member until such service charge is paid. 2. Civil Action. In addition thereto, or in lieu thereof, the Water Association may commence a civil action against such delinquent Member to recover the amount of any service charge which may remain unpaid, together with interest, court costs and reasonable attorney's fees. 3. Other. In addition to all of the above listed remedies, the Water Association may take such other actions as are allowed under Colorado law. J. Interest on Delinquent Service Charges. Interest at the rate of eighteen percent (18%) per annum, with a minimum charge of Twenty -Five Dollars ($25.00), shall be charged on any monthly service charges not paid in full on or before thirty (30) days after the date of invoice, or on any special or other service charge not paid in full within sixty (60) days after said service charge is due and payable. Interest charges imposed on the Members of the Water Association shall be collected in the same manner as prescribed in these Bylaws for the non-payment of service charges. ARTICLE VIII. DIRECTORS Bylaws Aspen Equestrian Estates and Blue Creek Ranch Water Association 6 A. Directors. The Water Association shall have a Board of Directors consisting of four (4) members and (2) alternative members. Directors shall not be required to be residents of the State of Colorado, but must be Members of the Water Association to serve. Two (2) members and one (1) alternate member of the Board of Directors of the Association shall be appointed by the Board of Directors of Aspen Equestrian Estates Homeowners' Association, and two (2) members and one (1) alternative member of the Board of Directors of the Association shall be appointed by Blue Creek Land Holdings, LLC, or, upon its formation, by the Board of Directors of Blue Creek Ranch Homeowners Association. Directors shall serve a term of one (1) year or until their successors are appointed and qualified. A Director may be reappointed and there shall be no limit on the number of terms a Director may serve. B. Resignation. 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. C. Vacancies. Vacancies on the Board of Directors shall be filled for the unexpired term of the predecessor in office by the alternative director appointed by the homeowners' association from which the predecessor in office was appointed. The applicable homeowners' association shall then appoint a new alternative director at any meeting of the Board of Directors, or by an action without a meeting pursuant to C.R.S. § 7-128-202, to fill the vacancy created in the alternative director position for that homeowners' association. D. Power of the Directors. The Board of Directors shall govern, control, maintain, operate and manage the affairs, property and business of the Water Association and, subject to these Bylaws, may adopt such rules and regulations for such purpose and for the conduct of its meetings as the Board of Directors may deem proper, provided that all such decisions are applied evenhandedly to all Members regardless of class. Such powers shall include, but not be limited to, the following: 1. Operate, maintain, improve, repair, replace and take such other necessary and prudent actions with respect to the Water System, including the water storage tank, water treatment plant and related facilities located upon the Aspen Equestrian Estates Homeowners' Association Common Area and all treated water supply, storage, transmission and distribution facilities and improvements within both Aspen Equestrian Estates and Blue Creek Ranch; 2. Decide and act upon all Water System infrastructure matters, including, but not limited to, proposals for water system infrastructure or facilities, repair, replacement, maintenance, construction, extension, cleaning, operation, monitoring and management; 3. Appoint and remove the officers of the Water Association specified Bylaws Aspen Equestrian Estates and Blue Creek Ranch Water Association 7 herein; 4. Call special meetings of the Members whenever such meeting is necessary in the manner and form herein provided; 5. Appoint and remove at pleasure all employees and agents of the Water Association, prescribe their duties, fix their compensation and, when they deem it necessary, require security for the faithful performance of their duties; 6. Make, adopt, amend, repeal, and enforce Rules and Regulations not inconsistent with the laws of the State of Colorado, the Articles of Incorporation of the Water Association and these Bylaws for the use and enjoyment of the Water System and for the guidance of the officers and the management of the affairs of the Water Association, including the administration of the Water System and the provision of water services to the Members. Such Rules and Regulations shall be effective upon adoption by resolution of the Board of Directors, and copies of the currently effective Rules and Regulations shall be made available to each Member upon written request and payment of the reasonable expense of copying the same; 7. Establish the rate structure and bill all Members an equal service charge for use of the Water Association's Water System and reserve for replacement costs and as otherwise necessary to carry out the objects and purposes of the Water Association as expressed in the Articles of Incorporation and these Bylaws, and provide the time of payment of such service charges and the manner of collecting the same; 8. Pursue remedies against delinquent Members; 9. Grant easements where necessary for the Water System to serve Aspen Equestrian Estates and Blue Creek Ranch; 10. Adopt budgets, approve any and all bills, payrolls and items of expense against the Water Association; 11. Incur such indebtedness as they may deem necessary for carrying out the objects and purposes of the Water Association and authorize certain officers to execute any documents necessary to incur such indebtedness; 12. Determine what compensation, if any, shall be paid to Board members and officers of the Water Association; and 13. Create and accrue such capital reserve or contingent fund as the Board of Directors may deem from time to time necessary and proper for the financial stability and welfare of the Water Association. E, Limitation on Powers of the Directors. The Board of Directors will not Bylaws Aspen Equestrian Estates and Blue Creek Ranch Water Association 8 have the authority to adopt any rule or regulation, adopt or modify any bylaw, approve any rate structure, or take any action that would discriminate in favor of or against any Member. F. Duties of Board of Directors. The duties of the Board of Directors shall include, but not be limited to, the following: 1. Cause to be kept a complete record of all meetings and acts, present full statements at the regular annual meetings of the Members showing in detail the assets and liabilities of the Water Association and the condition of its affairs in general; and 2. Supervise all the acts of the officers and employees, require the Secretary or Secretary -Treasurer to keep full and accurate books of account and prescribe the form and mode of keeping such books. G. Ratification of Board of Directors. No contract by any officer or Director of the Water Association shall be valid as against the Water Association without the previous authorization or subsequent ratification of the Board of Directors. ARTICLE IX. MEETINGS OF DIRECTORS A. Annual Meeting. The annual meeting of the Board of Directors shall be held on such date and at such hour and place in or near Colorado as the Board shall designate in the notice therefor. If for any reason the annual meeting should not be held in , it may be held at any subsequent date and time upon giving notice of such meeting as hereinafter provided. The meeting will be held for the purpose of electing officers, appointing committees and for the transaction of any other business as may properly come before the Board of Directors. No notice shall be required for the annual meeting of the Board of Directors. B. Special Meetings. Special meetings of the Board of Directors may be called by or at the direction of the President, a majority of the Board or the chairperson of the Board. C. Notice of Meetings. Notice of the time and place of any meeting of the Board of Directors shall be given, either written or orally, no more than ten (10) days prior to the meeting. Neither the business to be transacted at nor the purpose of any regular or special meeting need be specified in the notice or waiver of the meeting, except as otherwise provided in these Bylaws or in the Articles of Incorporation. D. Proxies. Directors shall be entitled to vote by proxy at any meeting of Directors. Bylaws Aspen Equestrian Estates and Blue Creek Ranch Water Association 9 E. Quorum. At all meetings of the Board of Directors, seventy-five percent (75%) of the Board of Directors shall constitute a quorum for the transaction of business. In the event there is not a quorum at any meeting, those Directors present may adjourn the meeting to an agreed upon date upon giving notice to the absent Directors of such adjournment. F. Voting. All Board of Directors decisions, including, but not limited to, all infrastructure matters described in Article VIII, Section D, Paragraph 2 above, and all management, control and operation decisions, shall be made by not less than a seventy-five percent (75%) vote of the Board of Directors. If a seventy-five percent (75%) vote cannot be reached on a matter or question submitted for a vote, then the matter shall be submitted to a qualified, third -party engineer or hydrologist for an independent determination. The engineer or hydrologist recommendation shall be binding and shall have the same effect as if action on the proposed matter received a seventy-five percent (75%) affirmative vote of the Board of Directors. If the Board cannot agree upon the selection of the engineer or hydrologist, the Aspen Equestrian Estate Board members shall nominate an engineer or hydrologist and the Blue Creek Ranch Board members shall nominate an engineer or hydrologist and the selection of the hydrologist from the nominees shall be made by a coin toss. G. 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. H. Action Without Meeting. Any action which might be taken at a meeting of the Board of Directors may be taken without a meeting if a consent in writing, setting forth the action taken, is signed by all of the Directors entitled to vote. ARTICLE X. OFFICERS AND DUTIES A. Officers. The officers of the Water Association shall consist of a President, a Vice President, a Secretary and a Treasurer. They shall be elected by the Board of Directors at its annual meeting, and shall hold office for one (1) year or until their successors are elected and qualified. The officers may be members of the Board of Directors. The offices of Secretary and Treasurer may be combined. B. 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 Water Association stating the effective date of such resignation. Acceptance of such resignation shall not be necessary to make the resignation effective. Bylaws Aspen Equestrian Estates and Blue Creek Ranch Water Association 10 C. 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. D. President. The President shall, subject to the direction and supervision of the Board of Directors, be the chief executive officer of the Water Association and shall have general and active control of its affairs and business and general supervision of its officers, agents and employees. The President shall report to the Board of Directors any negligence or misconduct of any such officers, agents and employees. The President shall preside at all meetings of the Members and the Board of Directors (unless the Board elects a Chairman). The President shall have the authority to sign all contracts and other instruments on behalf of the Water Association, except as the authority may be restricted by resolutions of the Board of Directors adopted from time to time. It shall be the responsibility of the President to make sure that the Water Association's Water system is in adequate condition to provide adequate water service to Aspen Equestrian Estates and Blue Creek Ranch. E. Vice President. The Vice President shall perform the duties of the President in case of his absence or inability to act and shall perform such other duties as the Board shall direct. F. Secretary and Treasurer. The Secretary shall act as secretary of all Members' and Directors' meetings and shall preserve the minutes thereof, unless a Secretary -Treasurer shall perform such duties. The Secretary or Secretary -Treasurer shall maintain the Member ledger book of the Water Association, which ledger shall indicate the Memberships issued and transferred, the date of all transactions, and the names and addresses of all Members. The Secretary shall submit a full report of the activities of his/her office to the Members at their annual meeting. The Secretary shall give written notice of all Members' and Directors' meetings as required by law or by the Board. The Treasurer or the Secretary -Treasurer, if such has been designated, shall collect all monies due the Water Association and shall keep all corporate funds in an account or accounts of the Water Association in FDIC insured banking institutions as the Board of Directors may from time to time designate. After the appropriate authorization by the Board of Directors as set forth herein and in any Rules and Regulations then in effect, any accounts of the Water Association shall be withdrawn to pay the Water Association's debts by check only. The Treasurer or the Secretary -Treasurer shall keep accurate accounts of all financial transactions of the Water Association, shall submit a complete financial statement and report of the Water Association for the past year, and shall keep the books available and open to inspection of all Directors or Members at their annual meeting, and to the Directors as they shall require. The Treasurer/Secretary-Treasurer shall show in full all receipts and disbursements to the date thereof, and such other information of the Bylaws Aspen Equestrian Estates and Blue Creek Ranch Water Association 11 Treasurer/Secretary-Treasurer's office as the Directors may require. ARTICLE XI. INDEMNIFICATION A. Obligations of Water Association. The current and former Directors, officers, employees, fiduciaries, agents and Members of the Water Association, and the legal representatives of any such persons, shall not, as such, be personally liable for the Water Association's acts, debts, liabilities, or obligations. B. Breach of Fiduciary Duty. The personal liability of a Director to the Water Association or its Members for monetary damages for breach of fiduciary duty as a Director is limited to the full extent provided by Colorado law, except that the foregoing shall not eliminate or limit such Director's liability to the Water Association or to its Members for monetary damages for the following: (a) any breach of such Director's duty of loyalty to the Water Association or to its Members, (b) any of such Director's acts or omission not in good faith or which involve intentional misconduct or a knowing violation of law, (c) acts specified in C.R.S. § 7-128-403 or 7-128-501, as those sections now exist or hereafter may be amended (regarding a Director's assent to a distribution made in violation of C.R.S. § 7-133-101 or participation in the making of any loan by the Water Association to any Director or officer of the Water Association), or (d) any transaction from which such Director derived an improper personal benefit. If the Act hereafter is amended to authorize the further elimination or limitation of the liability of Directors, then the liability of a Director of the Water Association, in addition to the limitation on personal liability provided herein, shall be further eliminated or limited to the fullest extent permitted by the Act. Any repeal or modification of this Article XIII shall be prospective only and shall not adversely affect any right or protection of a Director of the Water Association existing at the time of such repeal or modification. ARTICLE XII. INSURANCE The Water Association shall obtain and at all times maintain comprehensive property and general liability insurance, in such amounts deemed sufficient in the judgment of the Board of Directors of the Water Association, but in the minimum amount of $1,000,000 and $2,000,000, respectively, to provide for the repair and replacement of the Water System infrastructure and to protect the Water Association and its officers, Directors, employees, fiduciaries, and agents from liability relating to the ownership and operation of the Water System and associated water rights, appurtenances and easements, and the diversion and storage of water in connection therewith. The Water Association shall cause Aspen Equestrian Estates, LLC, Aspen Equestrian Estates Homeowners' Association, Blue Creek Land Holdings, LLC and Blue Creek Ranch Homeowners Association (upon its formation) to be named as co-insured on the liability insurance. Further, the Water Association shall make every effort to obtain said insurance from an insurance company rated at least A+ in Best's Bylaws Aspen Equestrian Estates and Blue Creek Ranch Water Association 12 Insurance Guide. To the extent insurance is available, it shall cover the Water System and the Water Association and its officers, Directors, and employees, fiduciaries, agents and Members all as additional named insureds. A certificate (and a copy of the policy) evidencing such insurance shall be provided to each Member upon written request. ARTICLE XIII. ASSETS A. Ownership of Assets. The Water System facilities and all water rights and appurtenances thereto, and all other property and assets of the Water Association, shall constitute assets of the Water Association and not of the Members, and the Members shall have no right to partition of such assets. B. Objections to Use. No Member shall object to another Member's use of water services from the Water System to which such other Member is entitled by virtue of its Membership in the Water Association, so long as such use is in compliance with the Articles of Incorporation, these Bylaws and any duly adopted Rules and Regulations. ARTICLE XIV. CORPORATE SEAL The design of the corporate seal shall be in the usual form, containing the words "Aspen Equestrian Estates and Blue Creek Ranch Water Association" and the word "Colorado" around the margin of the circle, with the word "Seal" in the middle thereof. Said seal be kept with the record books to be maintained by the Secretary. ARTICLE XV. AMENDMENT OF BYLAWS Except as otherwise provided herein, the Board of Directors shall have the power to alter, amend or repeal the Bylaws of the Water Association from time to time in the manner set forth in the Colorado Revised Nonprofit Corporation Act. CERTIFICATE I, the Secretary of the Aspen. Equestrian Estates and Blue Creek Ranch Water Association, do hereby certify that the above and foregoing is a true, correct and complete copy of the Bylaws of said Water Association and such Bylaws were adopted Bylaws Aspen Equestrian Estates and Blue Creek Ranch Water Association 13 and approved by the Board of Directors at a meeting held at Colorado, on the day of 2002. Secretary Bylaws Aspen Equestrian Estates and Blue Creek Ranch Water Association 14 Prima Plant Services Inc. 90 ArIian Rd. Carbondale, CO. 81623 Phone & FAX (970) 963-6113 prirnaps@sopris.net Glen Horn Davis Horn, Inc. 215 S. Monarch, Suite 104 FAX 925-5180 APPENDIX 14 October 11, 2002 RE: Weed Management Plan for the Blue Creek Ranch PUD, Garfield County Dear Glen, 1 met with Gavin and Lee at the ranch property last week. Lee and I walked extensively through the areas proposed for development. The bulk of the parcel is in good -to -excellent condition with irrigated pasture, wetlands, and ponderosa / shrub forest. In the areas we passed I saw the following weeds which are on the Garfield County noxious weed list: plumeless thistle, canada thistle, houndstongue, common tansy and burdock. Fortunately, the infestations are light to moderate in patches, and located on ditches, along fencelines, or where there has been limited ground disturbance in the past. Until such time that actual development is commenced, the owner should continue his efforts to treat the individual patches of weeds either by selective spot spraying or mechanical means (cutting) at least twice during the growing season to prevent flowering and seed production. It is much easier to control a light infestation than to play catch-up after the weed population grows unchecked for several seasons. 1 noticed in the development approval document that there are already requirements for stockpiling native topsoils and revegetation requirements for disturbed areas. These are important pro -active measures to limit future weed problems. Reclamation efforts should include installation of a sprinkler system to allow the grass seedlings to make as much headway as possible during the first couple of growing seasons. The goal is to produce a healthy and competitive cover of desirable species right away so weeds will have less chance to become problematic. I am pleased to see that the Homeowners Association and individual parcels will include covenants requiring weed control. I presume there will be some "teeth" in the covenants to assure action by all owners. During the first growing season a very selective spot treatment of newly emerging weeds should be done at least two times, after the grasses have matured to recommended levels. A backpack sprayer is ideal for this purpose. Digging the weeds out is not recommended as this can cause additional soil disturbance which continues the cycle of weed seeds invading bare dirt. For several seasons after development, noxious weed control (cutting and/or selective spot spraying) should take place twice yearly in the disturbed areas until the desirable species have become well established and densely cover the bare soil. Colorado Department of Agriculture Licensed Pesticide Applicator Member of the international Society of Arboriculture - Rocky Mountain Chapter and the Colorado Association of Lawn Care Professionals In the areas which are not to be disturbed by construction such as the pasture and wetlands areas, weed scouting and control are still necessary at least twice each season. As it is not known if grazing or haying activities will continue, the pasture land should still be managed as needed (fertilirirng, irrigation, cutting) to promote healthy competitive vegetation to limit weed intrusion. As some of the property borders live water or marshy areas, proper and sensitive use of chemical controls should be a top priority. The Colorado Department of Agriculture requires that commercial applicators be properly licensed. If there are any questions you might have about this report, please contact me. Sincerely, M — MO!-- i r MI r— M— NM MI MN £Z91,9 00 `aiepu'vgae3 -pa uE!JJV 0600 S33IA133S IN'dld 411N�?�d BLUE CREEK RANCH PUD: ILLJSTRATIVE SITE PLAN 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 701-0311 • Fax (970} 704-0313 I 1 1 f 1 1 1 1 1 1 1 1 1 1 FEB -04-1900 23:31 Fred Jarman Garfield County Building and Planning 109 831 St, Suite 303 Glenwood Springs, CO 81 601 Re: Blue Creek Ranch I'UD, Revegetatio SE Job No. 20089.01 Dear Fred: area P. 02 September 30, 20021 APPENDIX 15 It has been the intent of our design and the owner to protect as much of the native vegetation as possible. We have estimated that 7.68 acres will require revegetation. The majority of the proposed revegetabon will be a native mountain grass seed. We have proposed drilling the grass wherever possible and hydroseednig the grass if drilling is not possible. Some of the area within the revegetation may be replaced with landscaping as an upgrade from the native grass seed. All areas will meet the intent to help control erosion of the soils. We are anticipating that all area between the asphalt and the edge of the utility easements v. -ill require revegetation. We also anticipate that other utility lines and the sewage treatment plant will require revegetation. We anticipate using the lot areas at Lots 2-14 and 40-48 as a staging area for construction and revegetating them at the end of the construction phase. Existing vegetation is limited in these Lots because of their previous use as corrzis. We anticipate using the areas at Lots 37-39 for soils staging. These Lots are currently a grassy area and will be revegetated after the staged soil is removed. The proposed areas to be revegetated are as follows: North Staging 229,150 SF South Staging 28,280 S1 Sewage Treatment 9,450 SF Utilities 6,970 SF Road Sides 60,760 SF Total 7.68 acre If proposed buildings are approved before the project is comp1etc the revegetation within the buildirg envelope of those lots will be delayed until final residential landscaping. Refer to the attached drawing with proposed revegetation shaded. Please call if you need any additional information. Sincerely, SOPRIS EN G RING ;e2,7zz Mark A. Butler, P.E. Project Engineer Cc; Davis Hom Inc. Blue Creek Land Holdings S0PRIS ENGINEERING • LLC 1 Civil consultants 2og / i/ 3 /o 7 v e rz .-C[ 4 4- REVEGETATION AREA UTILITIES 10' WIDE REVEGE TA PON AREA NORTH STAGING is Fr. unrummaraorkgraw J SEWAG% TREATME REVEGE 10` EACH ASPHALT C tr s.. 1 x: TION AREA SLOE OF OAUS TYP. O M DM e tai ar R VEGETA TI A SOU APPENDIX 16 iJ G -] 3220 County $oad [00 Carbnnd2 e, Co 21623 • Phone (970) 704-9007 • ray (970) 704-9006 MEMORANDUM To: Glenn Horn From: Leigh Sheldrake Date: Friday, October IS, 2002 Subject: Final Plat Issues #8 and #9 8. The applicant shall provide a map or narrative, prior to final plat that quanrifies the area, in terms of acres, co be disturbed and subsequently reseeded on road cut and utility disturbances. The applicant shall follow the revised Revegetation Guidelines from the Garfield County Weed Management Plan (adopted on May 7, 2001) as to the following: 7.68 acres will be disturbed and subsequently reseeded on road cut and utility disturbances. The applicant has also designated staging areas within building envelopes for revegatatsan and included these areas in the 7-68 teres. See enclosed map. a) Plant material list Plant marrerial shall consist of the following: 30% Ephraim Crested Wheat grass 25% Dwarf Perennial Ry egrass 20% .Blue Fescue 15% Rueben's Canada Bluegrass 10% Chewing's Fescue b) Planting schedule Planting shall follow application of Road Asphalt, by contract with Infrastructure Contractor not to occur after June 1, 2003. c) A map of the areas impacted by soil disturbances (outside of the building envelopes). Enclosed d) A revegitation bond or security shall be submitted at Ficial Plat and appropriate language regarding its release shall be included and discussed in the Subdivision Improvements Agreement (SIA). e) Provisions for salvaging onsite topsoil_ Page I of 2 It- A N c FT 322.0 Coney Road 100 ` Carbondale, CO 81623 " ?boor: (970) 7ri49oo7 ' Fr+G (97V) 704-9006 On -sire topsoil will be stored and sorted east of Tract10 [between tract 10 and Lot28_], and on Lots 3,9,10. f} A timetable for eliminating topsoil and/or aggregate piles. Topsoil and aggregate piles will be eliminated by September 1, 2003. g) A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. All topsoil and aggregate piles not eliminated by September 1, 2003 will be seeded with native grass to carat.l vl e.ros.iou. 9. The applicant shall include estimates for the reclamation efforts. The estimates should include costs for seeding, mulching, and other factors that may aid In plant establishment. Engineer's estimate, $1,000, as per infrastructure hid package. Page 2 of 2 r.t�x July 8, 2002 Davis Horn Incorporated 215 South Monarch, Suite 104 Aspen, CO 81611 Re.. Preliminary Plan Review Comments Blue Creek Ranch Subdivision, Sketch Plan and PUD SE Job No. 20089.01 Dear Glen: 1.0 INTRODUCTION APPENDIX 17 We have taken a closer review of our storm water detention design as proposed in the Drainage Study dated October 10, 2001 and determined that the detention method proposed is not feasible because of the variable amount of irrigation water and off site storm water that must be conveyed within the same basin and ditches as the on site storm drainage. We do feel however that the methods we have proposed will be efficient in decreasing and delaying the storm water peak. 2.0 IRRIGATION AND OFFS1TE STORM VOLUME Based on the Basin and Middle ditch flows, listed below, the Blue Creek drainage area below the pond is currently able to carry 10 cfs irrigation water and up to 33 cfs of on and off site storm water_ The post development discharge increase was determined to be 2cfs. The total change 2 cfs/43 cfs is only a 5% increase without any detention or peak reduction. All storm water is routed to the Roaring Fork River, either directly across the southern section of the site or through the Blue Creek drainage area. The Blue Creek drainage area is within the 100 -year flood plain and connects to St. Finnbarr where the basin is also in the 100 -year flood plain. Because no construction is allowed within the 100 -year flood plain and all Roads must account for a 100 year flood this drainage arca should have unobstructed flow to the Roaring Fork River. Ditch flows shown on the Sopris Engineering letter dated June 3, 2002. Basin Ditch: 18 cfs total, irrigation _6 cfs, Off site storm -10 cfs, on site storm - 2 cfs Middle Ditch 15 cfs total, irrigation - 4 cfs. Off site storm, - 9 efs, on site storm - 2 cfs Lower Ditch 11 cfs total, Irrigation —11 cfs 3.0 STORM PEAKING DELAY Of the 4.0 cfs an site post development storm water fifty percent will route through the pond and exit over the 22' broad creased weir into the wetlands. The effective peak flow will be lowered from 2 cfs to 1.4 cfs and the peak runoff will be delayed by 12 hours. The continuous irrigation flow between 1 and 10 cis keep the pond at a constant level the storm water will only cause a slight increase in pond surface level over the 22' wide. stone weir. Detention is not required when property is adjacent to a major river. We have provided 5700 c.f. of detention by Lots 28-39 to protect flooding of the Lower ditch as it enters Sr. Finnbarr. We have provided a means of routing storm water and reduced the peaking. The increased peak flow will not be significant and to cause any long-term, adverse impacts to the development or any property between the site and the Roaring Fork river. 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENGINEERING • LLC civil consultants If you have any questions or need any additional information please give us a call. Sincerely, SOPRIS ENGINEERING 0/;-xef, Mark A. Butler, P.E. Project Engineer Cc; Rob Cummings SE. JOB 20089.01 July 8, 2002 Page 2 TOTAL P.02 tE: Blue Creek Ranch PUD - Condition 410 for Final Plat Subject: RE: Blue Creek Ranch PUD - Condition #10 for Final Plat Date: Thu, 14 Nov 2002 09:13:39 -0700 From: "Fred Jarman" <farman@garfield-county.com> To: <merion@resource-eng.coan>, <ghorn@rof.net> Thanks Michael, I will duly note this email as should Glenn for reference when we move into Final PI Fred -----Original Message From: Michael Erion [mailto:mesion@resource-eng.com] Sent: Thursday, November 14, 2002 10:18 AM To: Fred Jarman; ghorn@rof.net Subject: Blue Creek Ranch PUD - Condition #10 for Final Plat Dear Fred and Glenn: I have reviewed Condition #10 of Resolution 2002-82 (Blue Creek Ranch Preliminary Plan), the July 8, 2002 letter from Sopris Engineering to Davis Horn, and my files. From a technical perspective, I believe that Condition #10 has been adequately addressed for the Final Plat. Please call if you have any questions or need additional information. Sincerely, Michael Michael J. Erion, P.E. RESOURCE ENGINEERING, INC �'f 1 11/14/2002 4:35 PM APPENDIX 18 DITCH REALIGNMENT and MODIFICATION AGREEMENT and GRANT OF EASEMENT THIS AGREEMENT is made and entered into this day of , 2002 by and between BLUE CREEK LAND HOLDINGS, LLC, a Colorado limited liability company ("Blue Creek"), or its assigns, and ST. FINNBAR HOMEOWNERS' ASSOCIATION, a Colorado nonprofit corporation ("St. Finnbar"). WHEREAS, Blue Creek is the developer of approximately 82 acres of land, more particularly described in Exhibit "A" attached hereto (hereinafter "Blue Creek Ranch"), and certain water rights decreed to the Lower Ditch appurtenant thereto; WHEREAS, St. Finnbar is the owner of water rights decreed to the Lower Ditch and used upon the land more particularly described on the Final Plat of the St. Finnbar Ranch as recorded on at Reception No. , Plat Book , Page at the office of the Clerk and Recorder of Garfield County (hereinafter "St. Finnbar Property"); and; WHEREAS, Blue Creek is the upstream user of water from said Lower Ditch and desires to repair and maintain the Ditch as it crosses Blue Creek Ranch and desires to realign, improve and pipe portions of the Ditch on Blue Creek Ranch; and WHEREAS, St. Finnbar wishes to protect its property interests in the Lower Ditch, including its structures, easement, water rights, and the water delivered thereby, and any harm that may be caused by said improvements or realignments of the Ditch; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. PREAMBLE The parties hereto recognize that the Lower Ditch easement, structure and water rights delivered thereby are valuable property rights which must be protected from any harm that may ensue from realignment and/or construction of proposed improvements within the ditch easement. The parties hereto further recognize that this agreement establishes contract duties, rights, and remedies for the purpose of protecting property rights in the Ditch easement, structure, and water rights delivered thereby and it is the parties' express expectation that the proposed realignment and improvements be constructed in a timely, safe and proper manner so as to accomplish the above stated purposes of this Agreement. 2. OWNERSII(IP OF WATER RIGHTS The table below sets forth the parties' understanding of their respective ownership in the water rights decreed to the Lower Ditch: 1 1 1 1 1 1 1 1 f 1 1 1 1 1 1 Water Right Decreed Amt. Adj. Date Appr. Date Blue Creek St. Finnbar Lower Ditch # 23 1.5 c.f.s. 5/11/1892 4/15/1882 0.73 c.f s 0.77 c.fs Lower Ditch # 721 11.9 c.f.s. 11/5/1971 4/15/1882 4.0 c.f.s. 7.9 c.f.s. Total 13.4 els. 4.73 c.f.s. (35%) 8.67 c.f.s. (65%) 3. APPROVAL OF PLANS ATTACHED AND ANY CHANGES THERETO Blue Creek has provided to St. Finnbar the following documents, plans and drawings: (1) "Blue Creek Ranch PUD Lower Ditch Plan and Profile" prepared by Sopris Engineering, LLC, dated October 14, 2002; (2) "Final Plat of Blue Creek Ranch Planned Unit Development" prepared by Sopris Engineering, LLC, undated; and (3) Letter from Zancanella and Associates, Inc., dated October 30, 2002, with attached engineering drawing labeled "Splitter Box Modifications" dated October 28, 2002. Together, these documents comprise Exhibit "B" attached hereto and incorporated herein by reference. St. Finnbar and its engineers and attorneys have approved the plans and engineering drawings as they relate to the proposed Lower Ditch realignment, ditch modifications, structures and improvements as shown and detailed on the documents of Exhibit "B" ("Realignment and Improvements"). In addition to construction of the Realignment and Improvements, Blue Creek shall construct at its expense, bridge or culverts over or within the ditch easement where the ditch crosses the three portions of Tract 4 Private Common Open Space, as shown on the document labeled "Final Plat of the Blue Creek Ranch PUD," attached to Exhibit "B." St. Finnbar also consents to and approves any other reasonable culverts or bridges to be constructed within or across the realigned Lower Ditch for crossings of the ditch, subject to the provisions ofthis Agreement. Such bridge and culvert improvements shall be incorporated within the meaning of "Realignment and. Improvements" as used in, and for purposes of, this Agreement. Any such culverts (but not bridges) shall be reviewed and approved by St. Finnbar prior to installation in the same manner as other approvals called for in this Agreement. St. Finnbar reserves the right to review, approve, disapprove, or approve with conditions, any changes, modifications or revisions to the Realignment and Improvements prior to any construction related to any such modification, change or revision to the approved Realignment and Improvements. Any approved changes, modifications or revisions pursuant to this paragraph shall become incorporated within the meaning of "Realignment and Improvements" as used in, and for purposes of, this Agreement. St. Finnbar reserves the right to require restoration, alteration or remedial efforts to meet St. Finnbar's approval for the Realignment and Improvements. St. Finnbar covenants and agrees that it shall not unreasonably withhold any approvals called for by this paragraph and that St. Finnbar shall provide said approvals or the reasons for the denial thereof in writing within thirty (30) days from Blue Creek's written request therefore. 4. TIMELY CONSTRUCTION AND COMPLETION OF IMPROVEMENTS Construction and completion of the proposed Realignment and Improvements shall be accomplished outside of the irrigation season, considered to be April 15 through November 1 of each year, unless otherwise expressly consented to in writing by St. Finnbar. 5. ACCESS TO INSPECT THE IMPROVEMENTS IN THE DITCH EASEMENT St. Finnbar and its engineers and attorneys are hereby granted a right of access on and over the private roads and the three portions of Tract 4 Private Common Open Space located south of Bristlecone Drive, as shown on the document labeled "Final Plat of the Blue Creek Ranch PUD," attached to Exhibit "B," for ingress and egress to the ditch easement, to inspect the Realignment and Improvements prior to, during and after construction of the proposed realignment and improvements. 6. PROPER CONSTRUCTION OF THE IMPROVEMENTS Construction of the Realignment and Improvements will be accomplished in a workman -like manner, in strict compliance with the representations and plans and specifications attached as Exhibit "B" and shall ensure that the ditch channel profile, channel slope, ditch carrying capacity, volume of water flow, velocity of water flow, amount of water seepage from and through the Ditch will be maintained at values consistent with values prior to construction of the realigned Ditch structure and/or construction of improvements within the ditch easement. In furtherance of the above, the parties agree and understand the entire realigned Lower Ditch to St. Finnbar shall be constructed and. improved to conform to the details of the "Typical Earthen Irrigation Ditch Cross Section" as shown on the "Blue Creek Ranch PUD Lower Ditch Plan and Profile" prepared by Sopris Engineering, LLC, dated October 14, 2002, attached as part of Exhibit "B." In addition, any bridges and/or culverts installed over or within the ditch shall be designed and constructed to hydraulically match the performance of the remaining open ditch. To ensure compliance with this Agreement, Blue Creek shall include construction of the Realignment and Improvements within its general performance and completion bond provided to Garfield County for the construction of Blue Creek Ranch PUD pursuant to the Subdivision Improvements Agreement between Blue Creek and Garfield County. Upon completion of the realignment and all improvements, Blue Creek's professional engineer shall certify in writing to St. Finnbar that all improvements and ditch structures have been located within the realigned easement and constructed in a workmanlike manner in strict conformity with the plans and specifications approved by St. Finnbar. Blue Creek shall warrant all construction and performance of the realigzunent and all improvements for a period of two (2) years from the date of said certifications. 7. MAINTENANCE AND REPAIR OF THE IMPROVEMENTS Blue Creek shall be responsible to operate, maintain, repair or replace (referred to herein as "OM&R") the realigned Lower Ditch structure and any improvements and structures located thereon, therein or thereover, as such are located within the Blue Creek PUD ("Irnprovements"). In the event Blue Creek fails to OM&R the Improvements, then St. Finnbar shall notify Blue Creek in writing, which notice shall specify with particularity the nature of the failure to OM&R. In the event Blue Creek after said notice fails to remedy the failure to OM&R within seventy-two (72) hours after its receipt of the notice, then St. Finnbar may proceed to cure said failure and the costs of such OM&R performed by St. Finnbar shall be reimbursed to St. Finnbar. St. Finnbar shall be permitted to alter or remove all or any portion of the Improvements and reconstruct such within the area of the Ditch easement as relocated pursuant to this Agreement, at. Blue Creek's expense, if such action is reasonably required for St. Finnbar to deliver water in historic timing, quantity, quality and manner through the Ditch. Blue Creek agrees that it shall reimburse St. Finnbar within thirty (30) days after Blue Creek receives an itemized statement from St. Finnbar for any expenses St. Finnbar incurs to OM&R the Improvements. Reimbursements made to St. Finnbar after thirty (30) days will include an additional payment of interest accrued on the unpaid amount at the annual percentage rate of 18% (1.5% per month). St. Finnbar shall be given the same rights of access as described in Paragraph 5 above for purposes of exercising its rights under this paragraph. St. Finnbar shall be permitted to use such equipment and vehicles, including heavy equipment and machinery, that are reasonable and customary to exercise its OM&R rights under this paragraph. It is anticipated that Blue Creek will convey its water rights and ditch rights in the Lower Ditch to a homeowners' association to be known as the Blue Creek Ranch Homeowners' Association ("BCRHOA") after completion of the Realignment and Improvements and those matters called for to be performed by Blue Creek. Upon conveyance of the Lower Ditch rights to BCRHOA and Blue Creek's sale of all lots to third parties, BCRHOA shall be deemed to have assumed and shall be responsible to perform all of Blue Creek's OM&R obligations and responsibilities as contained in this Agreement. Upon such conveyance and sale of such lots, St. Finnbar agrees to look to BCRHOA and the owners of the lots in the Blue Creek Ranch Subdivision of the PUD and not Blue Creek for performance of these obligations and responsibilities so long as there is first written acceptance of such obligations and responsibilities by said Association. 8. GRANT OF REALIGNED DITCH EASEMENT AND ABANDONMENT OF EXISTING ALIGNMENT St. Finnbar hereby consents and agrees to the realignment of the Lower Ditch as described in Exhibit "A." Blue Creek hereby sells, conveys and grants to St. Finnbar an easement for the Lower Ditch being 30 feet wide and in the location as shown on the Final Plat of the Blue Creek Ranch Planned Unit Development, a copy of such Plat attached with Exhibit "B" ("Easement"). The Easement is granted for the purposes of carrying and conveying St. Finnbar's water rights, and for access to the Lower Ditch for operation, maintenance, repair or replacement of the Ditch. The Easement shall be binding on and shall inure to the benefit of the parties hereto, their heirs, successors, assigns, and personal representatives, and shall run with the lands benefited and burdened hereby. A plat note will be included on the Final Plat of the Blue Creek Ranch PUD as actually recorded with Garfield County that states, as follows. Easements identified on the within Plat as being for a specific, identified irrigation ditch are hereby dedicated and set apart for the use and benefit of the owner(s) of said ditch and the water and water rights decreed thereto. The existing Lower Ditch alignment has been surveyed and is described on the documents titled, "Blue Creek Ranch PUD Existing Conditions, Center Utility Irrigation and Drainage" prepared by Sopris Engineering, LLC, dated January 14, 2002, as attached hereto and incorporated. herein by reference as Exhibit "C" ("Old Alignment"). Upon final construction of the Realignment and Improvements in accordance with this Agreement, St. Finnbar shall deliver to Blue Creek a quitclaim deed, in the form attached hereto as Exhibit "D," signed by St. Finnbar, which vacates the Old Alignment and conveys all right, title and interest of St. Finnbar in the Old Alignment to Blue Creek. 9. INDEMNITY Blue Creek expressly agrees to indemnify and hold harmless St. Finbar from any and all liability due to untimely or improper construction, use, maintenance or repair of the Realignment and Improvements by Blue Creek within the realigned Ditch easement and also any damage resulting from flooding, erosion, sedimentation, blockage, or other malfunction of the ditch resulting from untimely or improper construction, use, maintenance or repair of the Improvements by Blue Creek within the realigned ditch Easement. Such indemnity shall be construed broadly and shall cover all fees, costs, expenses, judgments or damages incurred by St. Finnbar whether such are the result of an action filed or threatened. In addition, Blue Creek shall indemnify and hold St. Finnbar harmless from any liability, including court costs and attorney fees, for St. Finbar"s use of the Easement and any resulting damage to encroachments erected or constructed within the Easememt by property owners in the Blue Creek PUD. The within obligation to indemnify St. Finnbar shall be assignable to the Blue Creek HOA, upon the written acceptance thereof by said Association. St. Finnbar shall promptly notify Blue Creek in the event that any action, claim or lawsuit occurs for which St. Finnbar seeks indemnification pursuant to this paragraph. This notice to Blue Creek shall be in writing and shall provide a written statement explaining and describing the liability or damage and related events for which St. Finnbar seeks indemnification. 10. LIEN WAIVER IN ADVANCE Blue Creek expressly agrees to waive, in advance, its (and its contractors and subcontractors) rights to any lien(s) arising out of the construction of the realignment and improvements within the Lower Ditch Easement and to obtain lien waivers, in a form reasonably acceptable to St. Finbar, from all other laborers or materialmen. 11. BREACH 1 REMEDIES In the event one or more of the parties deem it necessary to take legal action to enforce or defend any part of this Agreement the prevailing party shall be entitled to recover their attorneys fees and costs. This Agreement does not alter the legal rights and liabilities incumbent on any of the parties under applicable statutes and case law concerning malfunction or failure of the Ditch. 12. REIMBURSEMENT OF COSTS AS PARTIAL CONSIDERATION St. Finnbar's attorney fees incurred with Leavenworth and Karp, P.C., and engineering costs incurred with Wright Water Engineers, Inc., in connection with this Agreement, which include the review and approval of plans, inspections and negotiation of this Agreement, and which shall be documented to Blue Creek at or prior to the time of the signing of this Agreement, total and shall be reimbursed at the signing of this Agreement as partial consideration for the Agreement. Blue Creek shall have the continuing responsibility to timely pay St. Finnbar's reasonable legal and engineering fees for construction inspection and monitoring compliance with this Agreement incurred from the execution date hereof. St. Finnbar shall document and provide to Blue Creek copies of all applicable bilis, invoices, statements, etc., for which St. Finnbar seeks reimbursement pursuant to this paragraph. 13. INCORPORATION OF EXHIBITS Exhibits "A," "B," '"C," and "D" are incorporated herein by reference and expressly made a part of this Agreement. 14. NOTICE All notices required under this Agreement shall be in writing and shall be hand -delivered or sent by facsimile transmission or regular mail, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt. All notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to Blue Creek: With Copy To: Notice to St. Finnbar: Blue Creek Land Holdings, LLC c/o Rob Cumming 3220 County Road 100 Carbondale, CO 81623 Scott C. Miller, Esq. c/o Patrick, Miller & Kropf, P.C. 730 East Durant St., Ste. 200 Aspen, CO 81611 Phone: (970) 920-1028 Fax: (970) 925-6847 Jim Mindling c/o Loyal E. Leavenworth, Esq. 1011 Grand Avenue P.O. Drawer 2030 Glenwood Springs, CO 81602 (970) 945-2261 (970) 945-7336 15. BINDING AGREEMENT This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto including purchasers of the lots in the Blue Creek subdivision of the PUD. This Agreement shall impose an easement in the location as shown on the Final Plat of the Blue Creek Ranch PUD and covenants running with the land in the Blue Creek Ranch subdivision of the PUD. Deeds to subsequent owners of property or lots in the Blue Creek Ranch subdivision of the PUD shall provide notice of this Agreement and the obligations contained herein. 16. ENTIRE AGREEMENT OF THE PARTIES This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, offers, acceptances and understanding of the parties with respect to the subject matter hereof. All prior and contemporaneous conversations, negotiations, possible alleged agreements, representations, covenants and warranties concerning the subject matter hereof are merged herein. 17. RECORDATION Following execution of this Agreement by the parties hereto, St. Finnbar or Blue Creek may cause this Agreement or a memorandum thereof to be recorded in the County Clerk and Recorder's Office of any applicable county and in any applicable government office. 18. COUNTERPARTS This Agreement may be executed in multiple counterpart copies by the parties, which taken together shall constitute the agreement between the parties. WHEREFORE, the parties indicate their acceptance of the terms and conditions of this Agreement by affixing their respective signatures hereto. BLUE CREEK LAND HOLDINGS, LLC ST. FINNBAR HOMEOWNERS' ASSOCIATION By: WINDRIVER DEVELOPMENT COMPANY, LLC Member and Manager By: By: Title: Title: Attest: STATE OF COLORADO COUNTY OF ) ) ) Acknowledged, subscribed, and sworn to before me this day of , 2002, by , as of WINDRIVER DEVELOPMENT COMPANY, LLC, as Member and Manager of BLUE CREEK LAND HOLDINGS, LLC. Witness my hand and official seal. My Commission expires: (SEAL) STATE OF COLORADO COUNTY OF ) ) ) Notary Public Acknowledged, subscribed, and sworn to before me this day of , 2002, by as of ST. FINNBAR HOMEOWNERS' ASSOCIATION. Witness my hand and official seal. My Commission expires: (SEAL) Notary Public WALANE&CUMMING'591 A1DOCS\DITCH RELOCATION AND GRANT OF EASEMENT AGREEMENT 11-27-02 FINAL -DOC rrum Lana I i L ie t,uaraniee %-umpany Heu Aug }u 14:44:44 4uuu r ag e V V I J..L. Our Order No. GW234155-3 LECI6L CESCF11511CN A PARCEL OF LAND SITUATED IN THE UNITED 'STATES GOVERNMENT LOTS 1, 2, 6, 7, 11 AND THE NORTHEAST QUARTER SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, SAID PARCEL IS LOCATED SOUTHERLY OF COLORADO STATE HIGHWAY NO. 82, EASTERLY OF GARFIELD COUNTY ROAD 100 AND NORTHERLY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT-OF-WAY, AND IS MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY Y CORNER OF SAID GOVERNMENT LOT 2, SECTION 31, THENCE SOUTH 00 DEGREES 55'02" EAST, A DISTANCE OF 1197.02 FEET TO THE INTERSECTION OF SAID COUNTY ROAD 100 EASTERLY RIGHT-OF-WAY WITH THE SOUTHERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY NO. 82, THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID STATE HIGHWAY SOUTHERLY RIGHT-OF-WAY ltir. FOLLOWING: NORTH 81 DEGREES 01'05" EAST, A DISTANCE OF 7.29 FEEL' TO THE POSITION FOR COLORADO DEPARTMENT OF TRANSPORTATION (CDOT), MONUMENT 529 OF PROJECT NO. CX(FC) 24-0082-26 (MISSING), (SAID POINT I5 MARKED BY A WITNESS CORNER MONUMENT, A 5/8" STEEL ROD WITH YELLOW PLASTIC CAP MARKED BUETTNER 13166 WC, AT A DISTANCE OF NORTH 81 DEGREES 01'05' EAST, 2.00FEET FROM THE CDOT MONUMENT POSITION, SAID WITNESS CORNER MONUMENT IS LOCATED AT THE BASE OF A TRE FENCE); THENCE NORTH 81 DEGREES 01'05" EAST, A DISTANCE OF 120.91 EEE l TO A CDOT MONUMENT 530 OF SAID CDOT PROJECT; THENCE NORTH 72 DEGREES 01'13" EAST, A DISTANCE OF 188.81 E'E.E:r TO THE CDOT MONUMENT 531 OF SAID PROJECT; THENCE SOUTH 84 DEGREES 43'15" EAST, A DISTANCE OF 401.16 FEE 1 TO THE CDOT MONUMENT 532 (MISSING NOW MARKED WITH A 5/8" STEEL ROD AND YELLOW PLASTIC CAP MARKED BUETI'NER 13166), OF SAID PROJECT; THENCE SOUTH 78 DEGREES 30'40" EAST, A DISTANCE OF 38/98 FEET TO A WIRE FENCE CORNER; THENCE DEPARTING SAID STATE RIGHT-OF-WAY SOUTH 00 DEGREES 35'23" WEST, A DISTANCE OF 1834.33 FLEA ALONG A WIRE FENCE TO A FENCE CORNER; THENCE SOUTH 89 DEGREES 16'38" EAST, A DISTANCE OF 231.46 'EE:1 TO A FENCE CORNER; THENCE SOUTH 00 DEGREES 10' 42" EAST A DISTANCE OF EAST, A DISTANCE OF 785.71 FEET ALONG A WIRE FENCE TO A INTERSECTION WITH THE DENVER AND RIO GRANDE WESTERN RAILROAD NORTHERLY RIGHT-OF-WAY, SAID POINT OF INTERSECTION BEING WITHIN THE ROARING FORK RIVER; THENCE WESTERLY ALONG SAID NORTHERLY RAILROAD RIGHT-OF-WAY, BEING LOCATED WITHIN THE ROARING FORK RIVER THE FOLLOWING: SOUTH 80 DEGREES 27'41" WEST, A DISTANCE OF 230.73 FEET; SOUTH 83 DEGREES 46'38" WEST, A DISTANCE OF 96.97 FEET; SOUTH 84 DEGREES 11'43" WEST A DISTANCE OF 99.20 FEET; SOUTH 84 DEGREES 12'11" WEST, A DISTANCE OF 99.74 FEET; SOUTH 84 DEGREES 12'20" WEST, A DISTANCE OF 99.08 FEET; SOUTH 84 DEGREES L2'45" WEST, A DISTANCE OF 103.09 WE1; SOUTH 84 DEGREES 06' 14" WES'T', A DISTANCE OF 97.41 FEET SOUTH 84 DEGREES 09'08" WEST, A DISTANCE OF 100.70 E'E.k.l; EXHIBIT A From Land Title Guarantee Company Wed Aug 30 14:42:44 2000 Page 7 of 11 Our Order No. GW234155-3 !B_ CESCRPTICN SOUTH 84 DEGREES 53'34" WEST, A DISTANCE OF 96.53 FEET; SOUTH 86 DEGREES 56'14" WEST, A DISTANCE OF 93.61 FEET; NORTH 89 DEGREES 35'50" WEST, A DISTANCE OF 93.75 Ichk,1; NORTH 86 DEGREES 21'01" WEST, A DISTANCE OF 94.46 FEET; NORTH 82 DEGREES W43" WEST, A DISTANCE OF 94.93 FEET; NORTH 79 DEGREES 59'43- WEST A DISTANCE OF 95.24 FEET; NORTH 77 DEGREES 47'12" WEST, A DISTANCE OF 97.04 MEI; I; NORTH 77 DEGREES 19'56" WEST, A DISTANCE OF 99.76 FEET; NORTH 77 DEGREES 10' 16" WEST, A DISTANCE OF 86.35 FEET" TO A IN'FERSEGI'ION WITH THE EASTERLY RIGHT-OF-WAY OF GARFIELD COUNTY ROAD 100; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY THE FOLLOWING COURSES AND CURVES; THENCE NORTH 36 DEGREES 10' 38" EAST, A DISTANCE OF 92.37 FEET; THENCE ALONG A CURVE TO THE LEFT 145.86 FST, THE RADIUS OF SAID CURVE BEING 340.27 FEET, THE Cir ITRAL ANGLE IS 24 DEGREES 33' 37", THE CURVE LONG CHORD BEARS NORTH 24 DEGREES 23' 49" EAST, A DISTANCE OF 144.75 FEET; THENCE NORTH 12 DEGREES 07' 00" EAST, A DISTANCE OF 1490. 00 FEET; THENCE ALONG A CURVE TO THE LEFT 296.07 FEET, THE RADIUS OF SAID CURVE BERG 1462.39 FEET, THE CENTRAL ANGLE IS 11 DEGREES 36' 00", THE CURVE LONG CHORD BEARS NORTH 06 DEGREES 19' 00" EAST, A DISTANCE OF 295.57 FEET; THENCE NORTH 00 DEGREES 30' 48" EAST, A DISTANCE OF 727.56 FEET TO THE TRUE POINT OF BEGINNING COUNTY OF GARFIELD STATE OF COLORADO EXHIBIT 9 EXHIBIT CS 72 -4 00 z .se ace 2: H P.Q. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 EANC4148A4 AND 4S5"OCIATES, INC ENGNEERING CONSULTANTS October 30, 2002 Mr. Eric angeot Wright ater Engineers 818 Co rado Avenue Glenw • od Springs, CO 81601 RE: Blue Creek Ranch Dear Eric: (970) 945-5700 (970) 945-1253 Fa: 'ad 'ddOI1 '2 831111N `N3I11Vd ZOG L E 130 To address the water split issues with St. Finnbar Ranch, we propose to splitthe water at the concrete check dam at the east end of the property 35% to Blue Creek Ranch and 65% to St. Finnbar Ranch. Historically, the Lower Ditch has diverted a full supply of water, therefore, at this time, we do not propose to consider relative ditch priorities. Your letter dated October 15, 2002 estimated the ditch has diverted approximately 8 cfs. Blue Creek St. Finnbar Ranch Ranch Lower Ditch 1.5 cfs 511111892 4115/1882 0.73 0.77 Lower Ditch 11.9 cfs 11/5/1971 4/15/1882 4.0 7.9 Total 13.4 cfs 4.73 8.67 4.73113.4 = 35% 8.67113.4 = 65% We propose to close the Blue Creek Ranch laterals until after construction has been completed. Therefore, we will not install the splitter until later when construction is completed. Blue Creek Ranch will keep the relocated ditch on line for the benefit of St. Finnbar Ranch during the irrigation season. Blue Creek Ranch may elect to keep all of their water in one lateral and just do a two way split at which time the measurements of the splitter box would be 39 inches to St. Finnbar Ranch and 21 inches to Blue Creek Ranch, however, the most likely alternative is to split the water three ways. Ten and one-half inches in the north lateral for Blue Creek, 39 inches in the center lateral for St. Finnbar Ranch, and 10.5 inches in the south lateral for Blue Creek Ranch, as shown on the attached drawing. We have also attached a copy of the final plat and ditch EXHIBIT B relocation plan, which address as many points in your letter dated October 15, 2002 as possible. I would be happy to meet with you to go over these plans at your earliest available time If you have any questions, please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. � a Pi _ �•�Jl_J Thomas A. Zancanella, P.E. Attachments cc: ark Butler coat Miller Gavin Brooke Rob Cumming Z:120000\20729 Blue Creek Ranchlditches and irrigation\lower ditch split-WWE.wpd WIER BOARD DETAIL 1 in. = 1 ft. 1/4' Plate Steel 4' X 60' Slotted 3' R Redwood 2• x 4' A'It 2' X 2' X 1/4' Angle Irort Existing Concre e Box 0 3' 3_, Nates, 1) Wier box to be Field leveled 2) 2'x2`x1/4 angle to support top of splitter box Wier Board (See Detail This Sheet) 1/4' Plate Steel base plate (field Fab) 2' X 2' X 1/4' Angle Iron 3' 3' North Lateral Blue Creek Ran Central Lateral St. Finnbar NewLI°cation co co Aga o co South Laterol Due Creek Ranch 1/4' Plate Steet 30' X 144' 1/4' Plate Steel 30' X 48' 6' - 12' Rip Rap Scale 1 in. = 3 ft. SPUTTER BOX MODIFICATIONS AS MVOICA1ED DRAM 3Y: R8 01103 RCP HATE s>Or: OCT. 211. 2002 1 aF 1 ar. APO ®l: FRAYING' TAz, ST. FINNBAR / BLUE CREEK RANCH 'A4CAA+irL L A AND AS. t IATES AC £ 1110ERIA1; CCL( 'S'LC TAN,k' Pee ONCE MMIC les - IeMM Okra AMOK (UMW W MMIMiIYL =MOO Me W __ FIGURE NO. 1 P#tt3.0 T: 20729 ,lines ; :� 4 1 ! 1'1101 .4? 1 ■ _¥.|| q ®rr,�!|.! ■% J I T Y l |1, j ,1011;4 ,N■|■|■|i |h|� q |�.| !alb �|| ! ��{ � T i!! ! | ! ! ,1 k 4 /.1,110.; | |N; r _ � | � |� | !ii :: 1: i ! j cAnIQ1 1 ■ | ■ I` k |f m 1 EXHIBIT f 1C,1 E '\1' 014 t a I ! I 0kar&80 Il QUIT CLAIM DEED THIS DEED, Made this day of , 2002, between ST_ FINNBAR HOMEOWNERS' ASSOCIATION, a Colorado nonprofit corporation ("Grantor"), and BLUE CREEK LAND HOLDINGS, LLC, a Colorado limited liability company ("Grantee"): WITNESSETH, That the Grantor, for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, granted, sold, conveyed and QUIT CLAIMED unto Grantee, and by these presents does remise, release, grant, sell, convey, and QUIT CLAIM unto the Grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the real and personal property, together with the improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows: 4 The Lower Ditch easement and structure in its old, historic alignment located in the Blue Creek Ranch PUD, according to the Final Plat thereof recorded at _ , in Plat Book at Page in the office of the Garfield County Clerk and Recorder. It is the intention of the parties hereto that Grantor, by this Quit Claim Deed, hereby vacates, releases, and abandons the old, historic alignment and ditch structure that is no longer utilized as a result of the relocation and realignment of the Lower Ditch by Grantee. The old alignment is described on Exhibit A attached hereto and incorporated herein by this reference and Grantor specifically releases, conveys and quitclaims to Grantee all of its right, title and interest to the property described on Exhibit A attached hereto. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remain- ders, rents, issues and profits thereof: and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained property, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. above. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth By EXHIBIT STATE OF COLORADO ) COUNTY OF ) SS. The foregoing instrument was acknowledged before me this day of , 2002, by as of . Witness my hand and official seal. Notary Public My commission expires: 2 Nov-Lis-ue Form No. GWS -25 API.#CANT OFFICE OF TH1 .TATE ENGINEER COLORADO Di..„,$ION OF WATER RESOURCL. el C.anteertnle +leg„ 1313 3t*eemtan $L. Oaxner. GoIona= 00ZC3 ( o3) e06.3S+ P (J _3 WELL PERMIT NUMBER 0571?2 - DIV. 5 WD 38 DES. BASIN MO BLUE CREEK LAND HOLDINGS LLC 3220 CR 100 CARBONQALE. CO 81623- (970) 70g-9007 PERMIT" s AN 'STING WO tea So, APPROYI„D W EL4. LOCATION GARFIELD COUNTY SE 114 NW 1/4 Section 31 Township 7 S Range 87 W Sixth P.M. DISTANCES FROM SECTON LINES 1826 R. from North Sedan Line 1934 R. knm Weds Sectitlr, Lina UTM COOFFD►NAT> Northing: lasting: ISSUANCE OF THIS PERMIT DOES NOT CONFFFt A WATER RIGI-rr CQNOT1 ONS OF APPROVAL 1) This wMa hull be used in sude a way ass TO rause riO llstsrlaa i»Indra to exissocr water right_ The issuance or this Imnll does not assure Me appriexr t Minna injury wit occur to Another vented water right or prriduda another owner of a vested wale rlghl from seeldnd relief in a civil Court action_ 2) he calm:One r! 111+.9 well shat) be Irl ta7lrr Hiatal with 7 e W t ! Wel( CAr ePtic-don R,lisa 2 CCA .42-2. unless *Wave Of A veiereanCe dial anal granted CY the Stare acerd c! EY9rnloara dwatar Wei conmctinn and Pro Iristajtatiart connctryten arrsroane: wiM Roe IS. 31 Soo/ovate punvsnt to CRS 37-00..+37(2), for en addiavesl uae of an miserly woo cunamrctep under oelrrnit nn 53323-F, aC3rrennrunejf OfirkOrd nreetet tritraE.ry to arra Roae1N2 rak River, as an mamma point of div'ers:in to erne Basal! Conduit cc' ate wltd(uon Mtn dile pons snag De operated onry*sten rte asst Water Conservancy r &rvancy CLStricre SvbzbMe water supply Nan, approved oy tale Stam l ngernSr, le In Ow and when a wales aYarmeit p0AlYac4 between the m7 vwne r and the Raton water Conservancy CiaCiC%fur The retinae of reeracereent water Tram Rurxai Ria&areoir is in effect or unite art approved plan for eugMentation. SWCD contract *303. 4) The use of grand water dream this wag. in orent netlo+ w+ttr any odder malls, =ending ground water Donde. oberating under RWGC darn Ir.= Oa iY irrreteo t7 ordinary ft0utWtdld purDesiee IAMB 50 single F.trmly dwerirce fplr ending arnse wintery "apogee inside 2 aommercet Duo/teems. 7n$ tang#tion of not rnare than 130.000 :.quart felt of onions and lawn& erct trio wetenrg ot 20 dcrr ude end maks. .sJ use of Oils yard sets era MO:Vwd undeSS tRe'weft' +Gannett cantors nr a cewn for aiugrnelrrraSon ip in effect. This ween is known 3:1 Mc Awesome: (OCR) Weal. 51 The simultaneous ensxirnunr puinp.ng +toe of ilia •.eel end Carly other wed opeartung untisc 8WCO Caner= 7FS1:1 snail eat exceed 100 Hanot 131 The combined arrvuai afflOwei of grcaund water to be epprvpredati by dile woad and arty ender welt. extau4in 1 Tilt ground 'AIM ponds. oa,aratlog wnt56r BWCi7 comma +e38.3 SAC/ rot exceed 29.22 etre-r set.. 71 no Qwflef Olt man( the wall In a eurieelasaus place with weN Permit lurniwr(s). name al me aquifer. and elect e134 hurrl0erf,3) as pprfl9rtabe. 714o ororter shat+ take necessary teary and preceuatios to predefve nose nsmrloo03- 3) This well must be loaded not more Oven 200 feet from toe tot:abort soedfiad On Vim pentnn and net low then GOO feet from any calbung wet mel 13 ripe Gone* by etre 3pphesnt, to weld In which a waiver hal not been obteried from Out owner. 31 A 10th rid now Meer must be dnsteilad an Ohl will ane mein tames "n good weeding WSW aarmerI I retards of alt 06.1,1140ns must Ott rnaineaen44 by the =re center (recorded at least smuttily) aetl submitted to vee Division E no rtes er upon recue4t NQT7C.r: rfus Cenhf Daman approved fors eclat of :3 L' rest -rant mowing Qraew d water bonds. of c mbrrrare analuai grex.rtd water :Qe as sObrrx7riateed. n+ocrrfytrtg item 7 on Ole well permit applicotttlrt forret. You are hereby nook* that you rave end r:gnl t0 *wog] tri c ssuartca Of I'S) MOM_ t. oytt[inq a written roguest with ells office mein windy (60) ewe of Qne into of lasu3nea, pursuant to the SMw tcdm:nreVVSUv tsropedtrntS Act (Sea bion 24.4-104 thicu 100, G!l.3., �f1i j,f) APPROVED JSG Ree * Nu. C4F167 3SC Stabs Engineer DATE Issues FEB 2 7 g lCPIRATiON o f 3 3 APPENDIX 19 Nov -25—O2 09:29A Focal No. GOYS -25 APPLICAN r OFFICE OF TNL_,TATE ENGINEER COLORADO D SION OF WATE RESOURC 318 Catternee Bade., 1313 arrermin 7L. Darrow, Cd101afdo 3 (303) 869.3561 1095 MU_ PERMIT NUMBER 0 57121 DTV, 5 WD 3$ DES. BASIN MO BLUE CREEK LAND HOLDINGS LLC 3220 CR 1000 CARBONDALE. CO 81623- (970) 704-9007 POONA T 7n iAll E7CiSTINa WEI„ APPROVE0 WELL LOC.AngN GARFIELD COUNTY SE 1 /4 NW 114 Section 31 Townstlrp 7 S Range 87 W Sfx i P.M. DISTANCES FROM SECTION LINES 1748 FL from North Section line 1767 Ft from West Section Lite r} TM cooyaNATEs NcvtllIng; Eating: 1 ISSUANCE OF 1-i-115 PERMIT DOES NOT CONFER A WATER RIG1.4T ND V ) Thio weal 3Aett be wed in such a way es to case no material Inlury mrenseng waw rains_ The .savanc* of dips aeonit Coes not ensure ere at7plffartt stat no injury wail rsetut to another wasted orale, Ailet or preclude onaher taws mor of a vested well' nght from eeektng moue Ina dvlr coot aaiou 2) me cznawahon or b+ls Amor shish Do ei =mew. with Ola Water Wee C.enblflYlLY! Rule* 2 CCR 402-1 irie-Ts aooretial -(s "3riunta as 544M1 granted by fie Stat' Board of l=Xaltinere of Water Wise Constnrctian asst Pimp lttstailation Contractan Ln accordance AMA algal 1a. 3) Amoved pursuant to CRS 3740037(2). tar an additional use of an ext trig strucied unmoor permit PA 533Z2 -F, aoorceriaring ground %ester it1!iYGIr]''tO the f4oiImg Fort€ tit r, aS aril Mier eft ort QF diVefSiorl to re Olsen Conduit, on the condition "rat Ilse pond Pali tie operated only *hen the Besot: Water Conservancy COM= 2u03011114) water plan. 30Prov'sd by trie State Engineer. Ls in &tett and *nen a mew ailetrnenc cont:aa:t between the well osmole+and IM Basalt woof Consa^^ency OisCfd for the reuse Cf rsPLeCnrneo t vrm'tt°r fhan RLrnai Reaarroir +' to effect or arrear an aeorvved plan for augmentation. RW Cil cont act e363. �) The use of Omand water herr this +Roll. Ifi corrtbinabon wrist orrice/we welts, azedireing geeernd water ponds. door -acing under WCC Corr' act 113a3. to INret'd tq ord(4ary twos' hold tit ++u Wide 50 zingk3 tamity dwetPtngs. for drhtmng ants sanitary woos= 'reale 2 mmmeroal businesses- errs Irrtgadol of not more than 430.000 square feet of garrclanS and lawn'. and ase watering of 2D derne36c arnrnnls. NI use of Vita wall wet ae curgilne urines the water Chechen 4or*s*ci ora pan for augmentalbr .a In effect This well is known as ere ArOptan (Bia) W. 5) The Simatsneet a rnaoamum pumpiwq rate 9f Newell and any o1w Roca curraeng under BWC.i3 contra tsl in ehall net est eed IOC GPM_ 5) The combined anntni amount of ground Waw to be appropftated by chit well and'ny either mit wectU $I Q +ground'molar Ronde. aneraeng under SW= contact a3a3 seam not .steed 29.72 aon 4oOL T) The owner striae meta the well i1 a conspicuous place wrn63 well DernNt nuonder{ij, name or the aquifer, and X7urt case na,trnbans! a.s =mouse Tin crane,. shalt take nbeedaery mow' end we e:meons to preserve Mere mariangs. e1 Tele well mug ba idea not snare xray 2013 feet front Cha location soocired an this pemlit end nos reqs roar, 600 ler from any exratirtg well that Is not Ruwv'd by the aopficane- or wall in which a *carver her not omen obtained from thin oArler- 1 A tis1aJlrtrtg RNw meter must innelb4 an oris well and mahsalnee to good wanking radar. Permanent t records orf 30 diver tone ruler be rttamtarree try the wall miner €nadoeded at IeaCf arinuatiy1 and subreirtap to the t7iv:eicet Engineer upon mount hyo rca: This oemltt has been approved for a WaI of 29.'22 acre -fest nstktualeg ground water ponds, of cssm&thee annual (maul voter to ese aopropralso. rnois,fiying It 7 on the wed pernut agoaC20011 tire. el. YOU arty Witty netted that you neve the right so appeal ate issuance of this Rennet by veil a *Annan roouast with tea office trnthiri sixty (150) days of the date of lsauancc. pursuant to the State Admtniatratvrt Procedures Ala- {See Secrlo i 2aa-tt tlsrvuQtri ge. C.R.3.p ,? (a.. /eon APPROVED Jac Receipt NO. 04867350Istq�` ISA I5s m UT +FEB 2_7 _ EXPIIRAT,ON D TE FEB 2? ZUY3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TOBIN Real Estate �s, INC. Mr. Robert M. Cumming, Jr. Wind River Companies 3220 Country Road 100 Carbondale, Colorado 81623 Dear Mr. Cumming: APPENDIX 20 Three Bank One Plaza 70 West Madleon Street Suite 1400 Chicago, Whole 90902-4270 (3121,214-3200 Fax. (312) 214-3110 tobi nreadvinrAcs. com November 26, 2002 BLUE CREEK 3220 COUNTY ROAD 100 UNINCORPORATED GARFIELD COUNTY, COLORADO We appreciate your request for the attached complete self contained appraisal report of the above referenced development m accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation. The purpose and function of our engagement is to express an estimate of market value. and our appraisal wilt be used as a part of the basis for decision regarding development impact fees. In this instance, we have been requested to prepare a complete appraisal estimating the market value of the fee simple interest in the above referenced property. The site was previously zoned for rural residential development and is currently utilized as a ranch, with one large single-family residence and various utility sheds and out buildings, containing approximately 82 acres. The main residence is a two-story single-family home that totals 7,116 square feet. We understand preliminary plan approval has been provided by Garfield County for a project to include 49 single-family cluster sites with nine affordable housing units. Our value estimate is based upon an analysis of the property and research into those factors influencing its value. It is our opinion that the value of the fee simple interest in the underlying real property at Blue Creek, 3220 County Road 100, Unincorporated Garfield County, Colorado as of December 1, 2002, is: FOUR MILLION SIX HUNDRED THOUSAND DOLLARS ($4,600,000) We appreciate this opportunity to be of service to you. I we can be of further assistance, or if you would like to discuss our findings, please call Patrick L. Tobin, MAI at (312) 214-3260. Sincerely, 700771RE/4.d E. 7 /Tr I E; 7:1,7 SCRS. 97/ge INVESTOR ADVISORY PERFORMANCE IMPROVEMENI EIfICAIION SUPPORT