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LOS AMIGOS RANCH PARTNERSHIP
2929 County Road 114
Glenwood Springs, CO 81601
April 1, 1994
Garfield County Commissioners
c/o Mark Bean
Garfield County Planning
109 8th Street
Glenwood Springs, CO 81601
Re: Final Plat Submission Filings 3 and 4, Subdivision II, Los Amigos Ranch, PUD:
Gentlemen:
Los Amigos Ranch Partnership hereby requests review and approval of the Final Plat of Filings 3
and 4, Subdivison II, Los Amigos Ranch, PUD, which contains twelve single family lots.
If Los Amigos Ranch Partnership can provide further assistance, please contact me at 945-6399.
Respectfully submitted,
Greg`S. ecker
Manager, Los Amigos Ranch
GSB/als
1
TO: Garfield County
RE: Response to Preliminary Plat Conditions and Final Plat Requirements.
DATE: April 1, 1994
Condition No.1: The representations of applicant shall be considered conditions of
approval.
Response: Applicant so stipulates.
Conditions No. 2: The Homeowner's Association shall be incorporated.
Response: See. (Exhibit A, Final Plat Submission, Filing 2, Subdivision 2, Los Amigos
Ranch PUD).
Condition No.3: Submittal of Subdivision Improvements Agreement.
Response: See Exhibit A attached hereto.
Condition No.4: Submittal of Improvement Plans.
Response: See Construction Documents.
Condition No.5: All utilities shall be placed underground.
Response: See Construction Documents.
Conditions No. 6: Submittal of Revegtation Plan.
Response: See Exhibit A, Subdivision Improvements Agreement setting forth funds
for revegetation.
Condition No. 7: Demonstrate established procedures for road maintenance and snow
removal.
Response: See (Exhibit E, Final Plat Submission, Filing 2).
Condition No. 8: Plat Notes
Response: See Final Plat and Supplemental Declaration (Exhibit D, Final Plat
Submission, Filing 2).
Condition No. 9: Submittal of Protective Covenants, Articles and By -Laws of Homeowner's
Association.
Response: See (Exhibits A, B, C, and D, Final Plat Submission, Filing 2).
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Condition No. 10: Plat and Covenants shall prohibit re -subdivision of lots.
Response: See Final Plat and Covenants (Exhibit C, Final Plat Submission, Filing 2).
Condition No. 11: Roadways shall be constructed in accordance with design standards.
Response: See Construction Documents.
Condition No.12: Adequate easements for utilities shall be provided on the Final Plat.
Response: See Final Plat.
Condition No. 13: Required road signage is to be provided.
Response: See Exhibit A, Subdivision Improvements Agreement.
Condition No. 14: Provision of north -bound left hand turn pocket on CR -114.
Response: Covered by County Resolution. Not specifically applicable to this filing.
Condition No. 15: Restriction of woodstoves to one open hearth and one Colorado certified
woodstove per single family dwelling unit.
Response: See Supplemental Declaration (Exhibit D, Final Plat Submission, Filing2).
Condition No. 16: Provision of emergency access easement.
Response: See Final Plat.
Condition No. 17: No more than two adult dogs shall be allowed per single family lot.
Response: See Supplemental Declaration (Exhibit D, Final Plat Submission, Filing2).
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GARFIELD COUNTY SUBDIVISION FINAL PLAT REQUIREMENTS:
1) Section 5:21 through 5:25
Final Plat Documentation
Response
See Final Plat
2) Section 5:31
Supplemental Information A through I.
Response
A. See Construction Documents and Exhibit A, Subdivision Improvements Agreement.
B. See Exhibits A and B, Subdivision Improvements Agreement and Consent to Vacate.
C. See Exhibit C, Tax Certificate to be furnished later.
D. See Covenants and Supplemental Declaration (Exhibits C and D, Final Plat
Submission, Filing 2).
E. See Final Plat.
F. Not applicable.
G. See Augmentation Letter (Exhibit I, Final Plat Submission, Filing 2).
H. Not applicable.
I. See Supplemental Declaration (Exhibit D, Final Plat Submission, Filing 2).
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(303) 945-1004
FAX (303) 945-5948
• • EXHIBIT A (SIA)
SCM
SCHMUESER
GORDON MEYER
ENGINEERS
SURVEYORS
118 West 6th, Suite 200
Glenwood Springs, CO 81601
LEGAL DESCRIPTION
LOS AMIGOS RANCH SUBDIVISION NO. 2, FILINGS NO. 3 AND 4
(Revised April 1, 1994)
A parcel of land situate in Sections 5 and 6, Township 7 South, Range 88 West
of the Sixth Principal Meridian, Garfield County, Colorado, being more
particularly described as follows, to wit:
Beginning at the northwest corner of Lot 16, Los Amigos Ranch Subdivision No.
2, Filing No. 2, the true point of beginning; thence along the following
twenty five (25) courses:
1) North 02 degrees 59 minutes 04 seconds East (N 02°59'04" E), a
distance of 235.02 feet;
2) thence North 23 degrees 14 minutes 09 seconds East (N 23°14'09" E),
a distance of 396.19 feet:
3) thence South 68 degrees 26 minutes 30 seconds East (S 68°26'30" E),
a distance of 809.47 feet;
4) thence South 87 degrees 51 minutes 55 seconds East (S 87°51'55" E),
a distance of 384.48 feet;
5) thence South 70 degrees 37 minutes 26 seconds East (S 70°37'26" E), a
distance of 196.56 feet;
6) thence South 53 degrees 53 minutes 09 seconds East (S 53°53'09" E),
a distance of 171.90 feet;
7) thence North 33 degrees 04 minutes 24 seconds East (N 33°04'24" E),
a distance of 342.86 feet;
8) thence North 41 degrees 34 minutes 45 seconds East (N 41°34'45" E),
a distance of 60.00 feet;
9) thence South 48 degrees 25 minutes 15 seconds East (S 48°25'15" E),
a distance of 34.28 feet;
10) thence along a curve to the right having a radius of 486.05 feet, arc
length of 337.75 feet, delta angle of 39 degrees 48 minutes 49
seconds (39°48'49"), a chord bearing of South 28 degrees 30 minutes
51 seconds East (S 28°30'51" E), and a chord length of 330.99 feet;
11) thence South 08 degrees 36 minutes 26 seconds East (S 08°36'26" E),
a distance of 239.81 feet;
12) thence along a curve to the left having a radius of 429.60 feet, arc
length of 493.60 feet, delta angle of 65 degrees 49 minutes 54
seconds (65°49'54"), a chord bearing of South 41 degrees 31 minutes
23 seconds East (S 41°31'23" E), and a chord length of 466.89 feet;
13) thence along a curve to the right having a radius of 680.42 feet, arc
length of 305.04 feet, delta angle of 25 degrees 41 minutes 10
seconds (25°41'10"), a chord bearing of South 61 degrees 35 minutes
45 seconds East (S 61°35'45" E), and a chord length of 302.49 feet;
14) thence South 48 degrees 45 minutes 10 seconds East (S 48°45'10" E),
a distance of 76.50 feet;
15) thence along a curve to the right having a radius of 484.23 feet, arc
length of 335.00 feet, delta angle of 39 degrees 38 minutes 18
seconds (39°38'18"), a chord bearing of South 28 degrees 56 minutes
01 seconds East (S 28°56'01" E), and a chord length of 328.36 feet;
16) thence South 09 degrees 06 minutes 52 seconds East (S 09°06'52" E), a
distance of 52.34 feet;
17) thence South 82 degrees 55 minutes 00 seconds West (S 82°55'00" W),
a distance of 60.04 feet;
18) thence North 09 degrees 06 minutes 52 seconds West (N 09°06'52" W), a
distance of 50.22 feet;
19) thence along a curve to the left having a radius of 424.23 feet, arc
length of 293.49 feet, delta angle of 39 degrees 38 minutes 18
seconds (39°38'18"), a chord bearing of North 28 degrees 56 minutes
01 seconds West (N 28°56'01" W), and a chord length of 287.67 feet;
20) thence North 48 degrees 45 minutes 10 seconds West (N 48°45'10" W),
a distance of 76.50 feet;
21) thence along a curve to the left having a radius of 620.42 feet, arc
length of 278.14 feet, delta angle of 25 degrees 41 minutes 10
seconds (25°41'10"), a chord bearing of North 61 degrees 35 minutes
45 seconds West (N 61°35'45" W), and a chord length of 275.82 feet;
22) thence along a curve to the right having a radius of 489.60 feet, arc
length of 45.52 feet, delta angle of 05 degrees 19 minutes 36 seconds
(05°19'36"), a chord bearing of North 71 degrees 46 minutes 32
seconds West (N 71°46'32" W), and a chord length of 45.50 feet;
23) thence South 20 degrees 42 minutes 44 seconds West (S 20°42'44" W),
a distance of 158.15 feet;
24) thence North 81 degrees 38 minutes 00 seconds West (N 81°38'00" W),
a distance of 410.74 feet;
25) thence South 23 degrees 23 minutes 38 seconds West (S 23°23'38" W),
a distance of 103.54 feet to the northeast corner of Lot 10, Los
Amigos Ranch Subdivision No. 2, Filing No. 1 (As amended);
thence North 81 degrees 38 minutes 00 seconds West (N 81°38'00" W), a distance
of 642.14 feet along the northerly boundary of Los Amigos Ranch Subdivision
No. 2, Filing No. 1 to the northwest corner of Lot 9, said corner being a
point on the easterly boundary of Los Amigos Ranch Subdivision No. 2, Filing
No. 2; thence along the easterly and northerly boundary of said subdivision
the following five (5) courses:
SCHMUESER GORDON MEYER, INC
1) thence North 08 degrees 04 minutes 57 seconds West (N 08°04'57" W),
a distance of 104.27 feet;
2) thence North 81 degrees 38 minutes 00 seconds West (N 81°38'00" W),
a distance of 148.91 feet;
3) thence North 21 degrees 14 minutes 45 seconds West (N 21°14'45" W),
a distance of 275.69 feet;
4) thence North 67 degrees 52 minutes 41 seconds West (N 67°52'41" W),
a distance of 430.39 feet;
5) thence North 85 degrees 59 minutes 11 seconds West (N 85°59'11" W), a
distance of 528.57 feet to the northwest corner of Lot 16, Los Amigos
Ranch Subdivision No. 2, Filing No. 2, the true point of beginning.
Said parcel contains 35.722 acres, more or Tess.
SCHMUESER GORDON MEYER, INC
• .
May 10, 1994
MAY:1 6 1994.
of
GokfiFt.tiLD (i. 41 Y
BENEFICIARY: Board of County Commissioners, Garfield County,
State of Colorado
RE: IRREVOCABLE STANDBY LETTER OF CREDIT #1241
AMOUNT: $94,659.00
EXPIRES: OCTOBER 10, 1994
Dear Commissioners,
We hereby open our Irrevocable Stand-by Letter of Credit in your
favor available by your drafts at sight drawn on the Pitkin County
Bank and Trust Company, 534 East Hyman Avenue, P.O. Box 3677,
Aspen, Colorado, 81612, at sight, for any sum, not exceeding in
total $94,659.00 U.S. Dollars for the account of Westbank Mesa Ltd.
Partnership.
For the purpose of guaranteeing construction of public improvements
required by the County of Garfield, State of Colorado, pursuant to
that certain Subdivision Improvements Agreement dated 5/11/94
between the County of Garfield, Colorado and Westbank Mesa Ltd.
Partnership, relative to Westbank Ranch P.U.D. Filing #4
Resubdivision.
WORK TO BE COMPLETED
WORK ITEM COST
Chip and seal pavement on roads $64,250.00
Landscaping 10,409.00
Tank painting 10,000.00
Final cleanup and miscellaneous 10,000.00
TOTAL WORK TO BE COMPLETED $94,659.00
534 E. IIYMAN AVE. • I'OS'I' OFFICE BOX 3677 • ASPEN, COLORADO 81612 • I'IIONE 303/925-6700
• •
Drafts must be accompanied by the following:
1. A signed statement of an authorized representative of
Board of County Commissioners stating that they have
invoiced Westbank Mesa Ltd. Partnership and that the
invoices are past due and have not been paid.
2. Photocopy of unpaid invoices(s).
Partial drawings are permitted. Each draft must bear on its face
the clause "Drawn under Letter of Credit No. 1241, dated May 10,
1994, of the Pitkin County Bank and Trust Company."
Except so far as otherwise expressly stated herein, this Letter of
Credit is subject to the "Uniform Customs and Practice for
Documentary Credits 1983 Revision, International Chamber of
Commerce Brochure Number 400."
We hereby agree with you that drafts drawn under and in compliance
with the terms of the Letter of Credit will be duly honored if
presented to our office located at 534 East Hyman Avenue, Aspen,
Colorado, 81611 on or before the close of business on October 10,
1994.
truly yours,
►►
ack Lavold
ice President
JL/mc
• •
GARFIELD COUNTY TREASURER & PUBLIC TRUSTEE
GEORGIA CHAMBERLAIN
P.O. BOX 1069
GLENWOOD SPRINGS, CO 81602
945-6382
APRIL 27, 1994
TO WHOM IT MAY CONCERN:
PER CLEARANCE OF THE CHECK GIVEN TO THIS OFFICE ON APRIL 25, 1994
IN THE AMOUNT OF $16,972.52 THE FOLLOWING TAXES FOR 1993 PAYABLE
IN 1994 ARE PAID.
THE PROPERTIES ARE ASSESSED TO LOS AMIGOS RANCH PARTNERSHIP.
SCHEDULE #011346 - $ 106.68
SCHEDULE #011347 - $ 127.22
SCHEDULE #111509 - $2283.84
SCHEDULE #011549 - $ 229.16
SCHEDULE #050064 - $2909.05
SCHEDULE #060013 - $1008.87
SCHEDULE #060014 - $1513.30
SCHEDULE #012024 - $ 157.25
SCHEDULE #120029 - $1276.95
SCHEDULE #111782 - $2326.63
SCHEDULE #111783 - $1160.90
SCHEDULE #111860 - $ 964.20
SCHEDULE #111865 - $ 964.20
SCHEDULE #111866 - $ 964.20
SCHEDULE #111867 - $ 964.20
SCHEDULE P000121 - $ 15.87
141 eilk-AtArpateA1-44.,&
GEORGIA CHAMBERLIAIN
GARFIELD COUNTY TREASURER
Ci" -VIEW COUNTY
•
WATER DELIVERY AGREEMENT
THIS AGREEMENT is made and entered into this day of
199_, by and between RED CANYON WATER COMPANY, a Colorado
Corporation (hereinafter "the Company") and
(hereinafter "Purchaser").
RECITALS
A. The Company is the lessee of certain underground water
rights, more particularly described as the Los Amigos Well No. 5
originally decreed in Case No. W-2156 in the District Court of
Garfield County, Colorado (decree absolute), and the Rancho Los
Amigos Well No. 6 as originally decreed in Case No. 3873 in the
District Court of Garfield County, Colorado (decree conditional).
Such rights, which are subject to conditions and stipulations on
file in the records of the District Court for Water Division No. 5,
State of Colorado, including those in Case No. W-3893 and which are
included within and subject to an augmentation plan filed by Basalt
Water Conservancy District in Case No. 87CW155 in the District
Court for Water Division No. 5, State of Colorado, such plan
including other parties and rights to the beneficial use of water,
are hereinafter referred to as the "Leased Water Rights".
B. The Company owns certain improvements and facilities for
the withdrawal, treatment, pumping, transmission, and delivery of
water to water users in the Spring Valley area of Garfield County,
including the Los Amigos Ranch Planned Unit Development.
C. Purchaser is the owner of certain residential real
property situated within the Los Amigos Ranch Planned Unit
Development, Garfield County, Colorado, and more particularly
described as follows:
D. Purchaser desires the Company to provide water service to
said residential real property and hereby reserves/purchases a
residential tap for this purpose.
• •
NOW, THEREFORE, for and in consideration of the foregoing
recitals and of the mutual terms, covenants, and conditions
contained herein, the parties agree as follows:
1. Definitions.
a. "Residence" means the residential real property
described in Paragraph C above, and all permissible
improvements thereon, owned by Purchaser.
b. "Water meter" means any flow measurement device
installed at the Residence which measures the flow
of water delivered thereto.
c. "Potable water" means water of sufficient purity to
satisfy maximum contaminant levels allowed under the
Safe Drinking Water Act, Publ.L. 93-523, as of the
date of the execution of this Agreement, and all
applicable mandatory drinking water standards of the
State of Colorado in effect on the date hereof.
d. "Point of Delivery" means the property line of the
Residence or an adjoining utility easement.
e. "Water Facilities" means all physical improvements
and facilities reasonably necessary or desirable for
delivery of potable water to the Residence at the
Point of Delivery. Water Facilities are or will be
owned, constructed, maintained, and operated by the
Company. Water Facilities include, but are not
limited to, wells or other water source facilities,
water treatment facilities, storage facilities,
pumps and pumping stations, and major transmission
lines.
2. Term.
a. This Agreement shall be for a primary term of ten
(10) years from the date hereof.
b. Purchaser shall have the right to renew this
Agreement for eight (8) successive five (5) year
terms following the primary term upon the same terms
and conditions, except for the rates provided for in
Paragraph 3.c., below. The Basic Charge and the
Supplemental Water Charge shall be set at the
beginning of each five-year renewal period at a rate
that will provide to the Company an amount equal to
Purchaser's proportional share (based on Purchaser's
percentage usage of the Company's Water Facilities
and leased water rights) of the Company's actual
cost for operation and maintenance, together with a
2
• •
reserve for replacement, together with a profit of
fifteen percent (15%) per annum; provided, however,
that the Basic Charge and the Supplemental Water
Charge shall in no event be less than the amount
charged at the end of the primary term or at the end
of any renewal term.
c. Upon the expiration of the primary term and the
renewal terms, the Company and Purchaser may renew
this Agreement upon terms and conditions mutually
acceptable to both parties.
d. In order to connect the Residence to the Company's
Water Facilities, Purchaser must pay to the Company
a tap fee in the sum of two thousand, two hundred
dollars ($2,200.00) which sum shall be adjusted
annually in accordance to Paragraph 4 of this
Agreement if not paid in full by October 31, 1991.
The receipt of $ is hereby acknowledged.
e. Prior to connecting the Residence to the Company's
Water Facilities, Purchaser shall pay to the Company
a monthly standby charge in the amount of twelve
dollars ($12.00) for the fixed cost of operating and
maintaining the Water Facilities, including the
transmission system to the Residence (hereinafter
"Standby Charge"); provided however, that if the tap
fee is paid in full at the time this Agreement is
executed, said monthly Standby Charge shall not be
imposed for three years following the date hereof.
3. Delivery of Water.
Upon full payment of the tap fee pursuant to Paragraph
2(d) above and the Company's approval of the service
connection and water meter installed to serve the
Residence, (See Paragraph 11 below), the following terms
shall apply:
a. The company agrees to provide to the Residence at
the Point of Delivery an amount of water sufficient
to serve the reasonable domestic and residential
needs of the Residence; provided, however, that in
no event shall the Company be obligated to provide
water to the Residence: (1) for or to any use of
the Residence or Purchaser or others located outside
the boundaries of the Residence, or (2) in a monthly
volume which, as measured at the Residence water
meters, is greater than the monthly basic allotment
of Fifteen Thousand gallons (15,000 gal.)
3
• •
b. The Company agrees to provide to the Residence
supplementary volumes of water in excess of the
monthly basic allotments set forth in subparagraph
(a) above, provided the following two conditions are
met: (1) such additional water is available to the
Company under the Leased Water Rights after the
Company fulfills all other contractual water
delivery obligations and without any further
expense, cost, or outlay by the Company and without
securing or constructing any additional water
source, water right, or Water Facilities; and (2)
the additional water is reasonably needed to serve
the reasonable domestic and residential needs of the
Residence and will not be used or put to any use
located outside the boundaries of the Residence. In
the event that supplementary volumes of water will
be unavailable for delivery to the Residence
pursuant to this subparagraph, the Company will give
Purchaser notice of such nonavailability no later
than the tenth (10th) day of each month for which
supplementary water will be unavailable. After
notifying Purchaser of the nonavailability of
supplementary water, the Company shall be entitled
to curtail service to the Residence after the
monthly basic allotment has been delivered to the
Residence.
c. Upon connecting the Residence to the Company's Water
Facilities, Purchaser shall pay to the Company a
monthly charge in the amount of twenty-two dollars
($22.00) for the available use of water (hereinafter
"Basic Charge") delivered by the Company pursuant to
subparagraph (a) above, adjusted annually in
accordance with Paragraph 4 of this Agreement. In
addition to the Basic Charge, Purchaser shall pay to
the Company a monthly charge for any water delivered
pursuant to subparagraph (b) above (hereinafter
"Supplemental Water Charge") calculated at the rate
of two dollars ($2.00) per thousand gallons used,
such rate also to be adjusted annually in accordance
with Paragraph 4 of this Agreement.
• •
4. Modification of Fees and Charges.
a. The tap fee, any partially paid tap fee as set forth
in Paragraph 2d, and the monthly charges established
pursuant to Paragraph 3 shall be automatically
adjusted annually by the Company beginning on
November 1, 1991 to reflect the change in the
purchasing power of the dollar. Such adjustments
shall be on the following basis: The Consumer Price
Index ("Index"), published by the Bureau of Labor
Statistics shall be the basis of computation. The
Index number for the United States as a whole in the
column entitled "All Items" for the month of June,
1990, shall be the "Base Index Number" and the
corresponding Index number for the month of June in
each succeeding year shall be the "Current Index
Number". The Current Index Number shall be compared
with the Base Index Number, and the monthly charges
shall be adjusted (either decreased or increased) in
the same ratio that the Current Index Number bears
to the Base Index Number. The new charges so
computed shall remain in effect from the annual date
of adjustment hereunder for on year, at which time
the fees and charges will again be automatically
adjusted according to this formula:
(i)
If publication of the Consumer Price Index, in
its entirety, or as necessary for the
adjustment herein, shall be discontinued, the
parties hereto shall thereafter accept
comparable statistics on the cost of living as
computed and published by an agency of the
United States or by a responsible financial
periodical of recognized authority then to be
selected by the parties hereto or, if the
parties cannot agree upon a selection, by
arbitration.
(ii) In the event the Index shall hereafter by
converted to a different standard reference
base or otherwise revised, the parties shall
use such conversion factor, formula, or table
for converting the Index as may be published by
the Bureau of Labor Statistics for said
purpose, or failing such publication, by any
other recognized publisher or similar
statistical information selected by the parties
hereto, or, if the parties cannot agree upon a
selection, by arbitration.
5
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5. Manner of Payment.
a. On or before the tenth (10th) day of every month
during the term hereof, Purchaser shall pay, without
prior demand therefor and without deduction or
setoff, the Basic Charge or the Standby Charge, to
the Company at its address provided in Paragraph 17,
below. The Company shall bill Purchaser for
Supplemental Water Charges on a monthly basis. Such
monthly billing shall be in writing and sent to
Purchaser at its address provided in Paragraph 17,
below, within fifteen (15) days following the end of
each calendar month during the lease term.
b. All monthly charges for Supplemental Water Charges
shall be paid by Purchaser by the 10th day of the
following month. Such payment shall be remitted to
the company at its address provided in Paragraph 17,
below.
c. In the event Purchaser fails to remit the Basic
Charge, Standby Charge, or Supplemental Water
Charges, or fails to reimburse the Company pursuant
to Paragraph 12 below, in the manner and time period
provided for herein, the Company, at its election,
may, in addition to any other remedies provided for
herein or by law:
(i) Assess a late charge not to exceed twenty
percent (20%) or the maximum rate allowed by
law of the unpaid and overdue balance; and/or
(ii) Recover interest at the rate of eighteen
percent (18%) per annum, or the maximum legal
interest rate if greater than eighteen
percent (18%), on the unpaid and overdue
balance; and/or
(iii) Curtail delivery of water under this
Agreement if a sum exceeding $50.00 remains
unpaid by Purchaser.
6. Increased Treatment Standards. In the event that, during
the term of this Agreement, any statute, ordinance,
regulation, or order of any federal, state, or local
government or its agencies is duly enacted, promulgated,
or issued which requires the Company to treat water to be
delivered under this Agreement to an extent greater than
the level and quality of treatment required by this
Agreement or which requires the Company to modify or
supplement the treatment methods or Water Facilities
6
• 1
owned or contemplated by the Company on the date of this
Agreement or as built, the Company agrees to use its best
efforts without unreasonable delay to provide the
additional or modified treatment; provided, however, that
the Company shall be entitled to charge Purchaser a
proportionate share of the cost of providing such
additional or different treatment. The proportionate
cost of the additional or modified treatment borne by
Purchaser shall be based upon Purchaser's percentage use
of all water delivered to water users through the Water
Facilities at the time the company becomes subject to
such additional or modified treatment requirements.
7. Water Rights.
a. In the event that the Company's Leased Water Rights,
shall ever, during the primary term or renewal
term(s) of this Agreement, be or become partially or
wholly inadequate or insufficient, physically or
legally to supply water as set forth in Paragraph
3.a. of this Agreement, the Company agrees to employ
its best efforts to secure such additional sources
of water, water rights, and/or the necessary water
court approvals to permit continual delivery of a
potable water supply to the Residence as herein
provided; provided, however, that the Company shall
be entitled to charge Purchaser a proportionate
share of its additional investment in the manner
similar to that set forth in Paragraph 6 above.
b. The Company shall have no liability to Purchaser or
any third party for losses or damages, whether
direct, indirect, or consequential, that result due
to the failure to deliver water to the Residence due
to the legal or physical inadequacy or insufficiency
of the Leased Water Rights.
8. Facility Maintenance. Except as expressly provided to
the contrary in this Agreement, the Company agrees, at
its expense, to inspect, maintain, operate, and improve
the Water Facilities owned by it in accordance with
accepted engineering practices.
9. Notice of Agreement. Purchaser agrees to notify and
inform all existing and prospective lessees, purchasers,
and lenders of the Residence, of the terms and conditions
of this Agreement.
10. Duty of Care. The Company agrees to exercise reasonable
care and good -faith efforts to furnish potable water to
the Residence. The Company shall not be liable for any
loss or damage, whether direct, indirect, or
7
consequential, for any failure to supply potable water to
the Residence, except in those circumstances where the
Company fails to exercise reasonable care and good -faith
efforts, provided, however, that nothing herein shall
modify or supersede the provisions of Paragraphs 6 and 7.
11. Connections; Water Meters. To ensure no waste hereunder,
Purchaser shall install a water meter previously approved
by the Company on each service connection to the
Residence. Each service connection and water meter shall
be in compliance with all applicable state and local
requirements, if any. The Company shall inspect and
approve the installation of each service connection and
water meter prior to supplying water. Purchaser shall
bear all costs associated with installing and maintaining
the service connection and water meter for the Residence.
12. Entry. The Company, and its authorized agents,
employees, and representatives, shall have the right, but
not the obligation, to enter upon the premises of the
Residence at any time for the purpose of inspecting,
maintaining, or replacing the water meter, service
connection or any other water improvements owned by
Purchaser now or hereafter located on the Residence.
Such maintenance repair or replacement shall be at
Purchaser's sole expense and the Company shall be
reimbursed within 15 days of billing Purchaser for such
expense.
13. Fire Hydrants. Purchaser shall not obtain or attempt to
obtain any water from any fire hydrant located in the Los
Amigos Ranch Planned Unit Development for any purpose or
use other than emergency use to fight or put out fires.
14. Title and Ownership.
a. The Company represents that it has full right and
authority under the Leased Water Rights to furnish
water in accordance with the terms herein. Nothing
within this Agreement shall be construed as
granting, relinquishing, or otherwise conveying any
rights, title, or interest in the Water Facilities
or the Leased Water Rights to Purchaser.
b. All water furnished under this Agreement is for the
use of the Residence occupants. Said right of use
of water by the Residence occupants shall not
include any right to make a succession of uses of
such water and upon completion of the primary use by
the Residence occupants all right, title, and
interest in and to the water furnished under this
Agreement shall revert automatically and completely
8
to the Company. Purchaser agrees that it shall not
sell or resell the water supplied to the Residence.
Nothing contained herein shall be deemed as imposing
on the Company any obligation or duty for the
collection or purification of water or otherwise
after use by the Residence occupants or following
delivery to the Residence at the Point of Delivery.
c. Purchaser shall be solely responsible for operation,
maintenance, and replacement of all water
improvements utilized by Purchaser for the Residence
after the Point of Delivery.
15. Default; Notice to Cure. In the event that either party
to this Agreement shall fail to keep or perform any
covenant, term, or provision hereof required to be kept
or performed by such party according to the terms and
provision of this Agreement, specifically including the
failure to pay monthly charges as set forth in Paragraph
5(c) above, the non -defaulting party shall give the
defaulting party written notice specifying the particular
default or defaults. The defaulting party shall have
such time as provided in said notice, which period of
time shall in no event be less than twenty (20) days in
which to cure such default or defaults within the period
of the notice. During the period of time provided to
cure defaults, neither party shall initiate against the
other party legal proceedings for breach of this
Agreement.
16. Termination.
a. The Company, in its sole discretion, may terminate
this Agreement and the Company's obligation under
this Agreement or otherwise to supply water to the
Purchaser and the Residence upon the occurrence of
any of the following:
(i)
Upon a determination by a court of competent
jurisdiction that the Company is a public
utility for purposes of the delivery and sale
of water to Purchaser and the Residence under
this Agreement or otherwise and is subject to
regulation by and the jurisdiction of the
Colorado Public Utilities Commission.
ii) Upon a determination by a court of competent
jurisdiction that the Company or the delivery
and sale of water by the Company to Purchaser
and the Residence under this Agreement or
otherwise is subject to rate regulation by
9
• •
the Garfield County Board of County
Commissioners.
(iii) Upon a failure by Purchaser to cure a default
pursuant to Paragraph 15 of this Agreement.
The failure to declare this Agreement terminated upon
failure to cure a default shall not constitute a waiver
of such default or the rights provided for herein as to
any other default. Pursuit of any of the foregoing
remedies shall not preclude pursuit of any of the other
remedies herein provided or any other remedies provided
by law, nor shall pursuit of any remedy herein provided
constitute a forfeiture or waiver of any payment due to
the Company hereunder or of any damages accruing to the
Company by reason of the violation of any of the
provisions herein contained. No waiver by the Company of
any violation of any of the provisions herein contained
shall constitute a waiver of any other violation of any
of the provisions herein contained. The Company's
acceptance of payments hereunder after the occurrence of
a default shall not be construed as a waiver of such
default unless the Company so notifies Purchaser in
writing. Forbearance by the Company to enforce one or
more of the remedies herein provided upon a default shall
not be deemed or construed to constitute a waiver of such
default. The receipt by the Company of payment with
knowledge of Purchaser's violation of any provision
contained in this Agreement shall not constitute a waiver
of the known violation or any other violation of any of
the provisions contained herein. Purchaser shall pay all
the Company's costs, expenses, and reasonable attorneys'
fees in pursuing the Company's rights or remedies
hereunder or as provided by law.
b. Purchaser, in its sole discretion, may terminate
this Agreement upon the occurrence of any of the
following:
(1)
(
The failure by the Company to deliver water
to the Residence for more than ten (10)
consecutive days unless such failure is
caused by or a result of: acts of God,
criminal acts of third parties, enforcement
of laws or regulations of federal, state, or
local governmental entities; or
ii) Upon a failure by the Company to cure a
default pursuant to Paragraph 15 of this
Agreement.
10
• •
17. Notices. Notice under this Agreement shall mean personal
service or service by registered or certified mail,
United States mail, postage prepaid, at the following
addresses:
PURCHASER:
COMPANY:
Red Canyon Water Company
2929 County Road 114
Glenwood Springs, CO 81601
18. Specified Performance. It is specifically understood and
agreed that the rights acquired by each party hereto are
such that the failure of the other party to perform its
obligations hereunder would do irreparable harm to the
non -defaulting party and there would be no adequate
remedy at law. Accordingly, it is agreed that, in
addition to any other equitable or legal remedies, the
obligations of the parties hereto shall be specifically
enforceable in any court of competent jurisdiction.
19. Force Majeure. It is expressly agreed that the rights
and obligations of the parties shall be suspended
whenever either party is unable to perform for reasons
beyond its control or as a result of an act of God or an
act of a third party.
20. Service Interruption. In the event the Company needs to
stop or curtail the diversion or withdrawal of water or
the delivery of water to the Residence for maintenance or
reconstruction purposes, it shall have the right, upon
reasonable advance notice to Purchaser, to temporarily
suspend or curtail the delivery of water to the Residence
for the purpose of such maintenance or reconstruction.
21. Fire Flows. The Company makes no representation or
warranty concerning the adequacy of the flows available
to the Residence for fire protection purposes.
22. Assignment.
a. The Company agrees that all of Purchaser's rights
and obligations under this Water Delivery Agreement
may be assigned by Purchaser to any buyer of the
Residence, provided, however, that until said buyer
agrees in writing to be bound by the terms of this
Agreement, Purchaser shall remain liable hereunder.
b. Purchaser agrees that the Company may assign the
Company's rights and obligations under this Water
Delivery Agreement to a third party, including
11
without limitation, Los Amigos Ranch Homeowner's
Association, if said third party agrees in writing
to be bound by the terms of this Agreement.
23. Bankruptcy. The parties recognize that the provision of
water service to the Residence is vital to Purchaser, and
further that the Company has the right, under its lease
agreement for the Leased Water Rights, in the event of
the filing by the lessor of a voluntary or involuntary
Chapter 7 bankruptcy petition, to request from the lessor
the conveyance of that portion of the Leased Water Rights
then in use or needed by the Company to provide water
service pursuant to any and all water delivery
agreements. Therefore, the Company agrees, in the event
the Company files a voluntary or involuntary Chapter 7
bankruptcy petition, to convey to the Los Amigos Ranch
Homeowner's Association, its successors, and assigns,
upon request and without further consideration, an
undivided interest in the Company's Water Facilities
necessary to provide water service to the Residence,
together with an undivided interest in and to the lease
agreement for the Leased Water Rights necessary to
provide water service to the Residence. The Company
further agrees in the event its lessor files a voluntary
or involuntary Chapter 7 bankruptcy petition to obtain
from its lessor pursuant to the lease that quantity of
the Leased Water Rights necessary to provide water
service to the Residence and, in the event the Company
owns said water rights at the time of any conveyance to
The Los Amigos Ranch Homeowner's Association of an
undivided interest in the Company's Water Facilities
pursuant to this paragraph to include in said conveyance
that quantity of the Leased Water Rights necessary to
provide water service to the Residence. Upon such
conveyance by the Company, this Water Delivery Agreement
shall be null and void and of no further force or effect.
24. Attorney's Fees. In any dispute between the parties to
this Agreement, the prevailing party shall be entitled to
recover its costs, expenses and reasonable attorney's
fees.
25. Benefit. This Agreement shall extend to, be binding
upon, and inure to the benefit of the parties hereto and
their heirs, successors, and assigns. Nothing is this
Agreement is intended to confer on any third person or
entity any benefits, rights, or remedies.
26. Integrated Agreement. This Agreement supersedes and
controls all prior written and oral agreements and
representations of the parties and is the total
integrated agreement among the parties.
12
1 •
27. Authority to Execute. By signing this Agreement, the
parties acknowledge and represent to one another that all
procedures necessary to validly contract and execute this
Agreement have been performed and that the persons
signing for each party have been duly authorized so to
do.
IN WITNESS WHEREOF, the parties have executed this Water
Delivery Agreement in duplicate originals on the day and year first
above written.
By
ATTEST:
Secretary, RCWC
13
RED CANYON WATER COMPANY
President, RCWC
Purchaser, Owner of Residence
•
f
::-MAR 14 '94 05:07PM MAS IORSE CARBNDLE
EXHIBIT B
P.2
RESIDEN:t':CA; SEWAGE
TREATMENT AGREEMENT
THIS AGREEMENT is made and entered into this day of
199, by and between SPRING VALLEY SANITATION DISTRICT, a special
district organized under the laws of the State of Colorado
(hereinafter "District") and
(hereinafter "User").
gmlna
A.• The District is a special district:.having the statutory
power to provide sanitary sewer service to persons and entities
located within the boundaries of th'e.District.
E. User owns certain 'residential real property and
improvements in Garfield County, Colorado, lying within the
boundaries of the District and more particularly described as
Subdivision II,. Lotof the Los Amigos Ranch Planned Unit
Develonme.nt (hereafter "Residential Property")..
C. User desires to contract with the District for provision
of sanitary sewer service to and a:or the Residential Property and
has acquired the necessary tap rights from Los Amigos Ranch
Partnership.
D. The District recognizes the transfer of tap rights from
Los Amigos. Ranch Partnership to User and desires to provide
sanitary sewer service to the Residential Property.
NOW THEREFORE, in' consideration of the foregoing recitals and
of the mutual terms, covenants, and conditions contained herein,
the parties agree as follows:
1. •Provision of Service. The District agrees to provide
sanitary sewer service to the Residential property for all.
reasonable domestic and residential needs of the Residential
Property. "Sanitary sewer service," as used in this Agreement,
shall mean the construction, operation, maintenance, repair or
replacement of all physical improvements and facilities reasonably
necessary in accordance with sound sanitation engineering practices
to transport, treat, store and dispose of the residential domestic
waste, waste water and effluent from.or discharged by the
Residential. Property. "Sanitary sewer service" shall not apply to
1
"MAR 14 '94 05:08PM MASON&MORSE CARBNDLE
• •
individual service lines from the Residential Property or
connections to the Distri.ct's sewer mains, which are the sole
responsibility of User. Sani teary sewer service provided hereunder
shat.l meet or comply with all mandatory federal, state or local
laws, regulations, requirements and procedures for the
transmission, treatment, storage and disposal of residential.
domestic waste, waste water and effluent which are applicable to
the District and are in force and effect as of the date hereof.
P.3
2. Term.
(a) This Agreement: shall be for a primary'term of ten
(10) years from the date hereof.
(b) User and the District may renew this Agreement for
successive five (5) year periods upon terms mutually
acceptable to the parties.
3. Rates. Usex. shall pay to the District a quarterly charge
in the amount of thirty-six dollars ($36.00) for provision of
sanitary sewer service to the Residential Propeety. Said.quarterly
charge may be adjusted annually at the beginning of every year, at
the sole discretion of the District, in an amount not to exceed ten
percent (10%) of the then -applicable cria_teely charge. User skull
pay the quarterly charge to the District at its address provided in
riaragraph 11 below, without pricy demand therefor and without
deduction or setoff, on or before the fifteenth (15th) day of the
first month of each auarter during the te_in hereof.
4. Penalties. In the event User fails to remit the
quarterly charges in the manner arid time period provided for in
Paragraph 3 above, the District, at its election, may, in addition
to any other remedies, provided for herein or by law:
(a) Assess a late charge not to exceed twenty-five
percent (25%) or the maximum rate allowed bylaw of the unpaid
and overdue balance; and/or
(b) Recover interest at the rate of eighteen percent
(18%) per annum, or the maximum legal interest rate if greater
than eighteen percent (18e), on the unpaid and overdue balance
and late charges; and/or
(c) Curtail provision of sanitary sewer service under
this Agreement if two (2) or more consecutive quarterly
charges remain unpaid and overdue.
5. I,,,ncxeased Treatment Standards. In the event that, during
the term of this' Agreement, any statute, ordinance, regulation or
order of any federal, state, or local government ox its agencies is
duly enacted, promulgated or issued which requires the District to
treat waste and waste water under this Agreement to an extent
2 '
- MAR 14 '94 05:08PM MRIWORSE CRRBNDLE
•
P.4
greater than the level and quality of treatment required by this
Agreement or which requires the District.to modify or supplement
the treatment methods or facilities owned or contemplated by the
District on the date of this Agreement or as built, the District
agrees to use its best efforts without unreasonable delay.to
provide the additional or modified treatment. User shall pay to
the District, upon the District's demand, the proportionate cost of
providing such additional or different treatment. The proportionate
cost of the additional or, modified treatment borne by User shall be
based upon the Residential Property's percentage of the total
volume of waste and waste water treated by the District: at the time
the District becomes subject to such additional or modified
treatment requirements. For the purpose of determining the
Residential Property's percentage usage, it will be assumed the
Residential Property discharges BO gallons of waste and waste water
per day into the sanitary sewer system.
G. Duv ofof Care. The Distxi.ct agree to exercise reasonable
care and good faith Efforts to furnish sanitary sewer service to
the Residential Property as provided herein. The District shall
not be liable. for any loss or damage .to User, the Residential
Property, or any third party, whether direct, indirect or
consequential, for anv failure or interruption of sanitary sewer
ser'v'ice to the Residential Property, except in those circumstances
where the District fails to exercise reasonable care and good faith
efforts.
7. Installation and Inspection. User shal? be responsible
for the installation of individual service lines and their
connection to the District's sewer mains, wherever located,
however, all connections to the District's sewer mains and
installation of service lines through sewer line easements must be
previously approved by the District and said actual sewer
improvements must be -inspected by :the District before burial. Ten
days advance notice must be given to the District for each of the
prior approval and the on -situ improvement inspection. The
District shall have absolute discretion to approve or disapprove
said proposed or actual installation of service lines or
connections.Failure to obtain each of said approvals shall
entitle the District to refuse service to the Residential Property
and remove said sewer improvements from the District's sewer mains
and sewer easements at User's expense.
8. Resoonsi.bilities of User. User shall be responsible for
maintaining the entire length of the service line serving his
Residential Property. beaks, stoppage, or breaks in such service
line will be repaired by the User within seventy-two (72) hours
after notification of such condition by the District. If
satisfactory progress toward repairing said leak, stoppage, or
break has not been completed within such time period, the District
may, but is not required to, take appropriate steps to repair such
service line leak, stoppage or break. In such event, the District
3
.e'MRR 14 '94 05:09PM MAS ORSE CARBNDLE
•
P.5
shall recover the cost of such repair from the User owning such
service line. If User fails to pay any. costs for which the User is
responsible within thirty (30) days of the District mailing notice
thereof to the User, the District may take such action as is
necessary to collect such costs, including the imposition, and
foreclosure of a lien an the User's property, and the District
shall be entitled to recover all costs of such collection,
including reasonable attorneys fees.
9., Prohibited Acts and Discharges.. No unauthorized person
shall uncover, make any connection with • or opening into, use,
alter, or disturb any sewer main or appurtenance without first
obtaining written approval from the District.
No person shall discharge, or cause to be discharged, any
storm water, surface water, ground water, roof runoff, or sub-
surface drainage to the sanitary sewer system. No public or
private swimming pool shall be connected with the sanitary sewer
system.
No person shall discharge, or cause to be discharged, to
any sewer: main, any prohibited sewage, (as defined by the District)
or any harmful waters or wastes, whether l!cruid, solid, or gas,
capable or causing obstruction to the flow is sewers, damage or
hazard to structures, equipment and personnel of the sanitary sewer
system, or other interference with the proper operation of the
sanitary sewer system. Such prohibited sewage discharges shall
specifically include, but not be limited to, Gasoline, kerosene,
naphtha, benzene, toluene, zylone, ethers, alcohols, ketones,
aldehydes, peroxides, chlorates, perchlorates, bromates, carbides,.
hydrides, sulfides, metals, motor oils, greases, paints, paint
thinner, terpentine, acetone, muriatic acid, radioactive material
or any substances which are or may be determined to be hazardous by
any federal, state or local government or agency, which cannot be •
safely treated or disposed of as residential domestic waste water
or effluent in accordance with sound sanitation engineering
practices and federal, state and local laws, regulations,
requirements and standards.
The District is entitled to specify additional prohibited
acts, prohibited discharges, or affirmative duties of Users as it
deems appropriate and may establish and levy fines and penalties
far violations of any specified prohibited acts, prohibited
discharges, or affirmative duties of Users.
10. Indemnification. The District shall not be liable for
any maintenance, repair, replacement or any other loss or damage,
whether direct, indirect or consequential, caused by or resulting
from prohibited acts, negligent acts or.omissions by Users, Users'
agents or employees, or caused by or resulting from any discharge
into the sanitary sewer system of any oils, chemicals, wastes or
other substances prohibited by the District. The responsible User
4
'/MAR 14 '94 05: 10PM MASOj' 1ORSE CARFiNDLE
•
P.6
shall Indemnify and hold harmless the District from all loss,
damages or expenses, including, without limitation, expenses of any
maintenance, repair, replacement, clean-up, or litigation
(including reasonable attorneys' fees incurred therein) incurred by
the District as a result of any act, omission or occurrence
described in this paragraph.
11. pefault,,, Notice .to Cure. In the event that either party
to this Agreement shall fail to keep or perform any covenant, term
or provision hereof required to be kept or performed by such party
according to the terms and provisions of this Agreement, the
nondefaulting party shall give the defaulting party written notice
specifying the particular default or defaults. The defaulting
party shall have such time as provided in said notice, which period
of time shall in no event be less than twenty (20) days, in which
to cure such default or defaults. During the period of time
provided to cure defaults, neither party shall initiate against the
other party legal proceedings for breach of this Agreement. This
provision for•at least twenty"(20) days notice to cure defaults
shall not apply to late charges and interest for overdue and unpaid
quarterly charges as set forth i.n aragraphs , 4 (a) and 4(b) above.
1'). Termination.
(a) In the event that User fails to cure a default as
provided pursuant to Paragraph 11, the District may elect
to terminate this Agreement, and thereby terminate the
District's obligation under this Agreement or otherwise
to supply sanitary sewer service to the Residential
Property. The failure to declare this Agreement
terminated upon failure to cure a. default shall not
constitute a. waiver of such default or the rights
provided for herein as to any other default. Pursuit of
any of the foregoing remedies shall not preclude pursuit
of any of the other remedies herein provided or any other
remedies provided by law, nor shall pursuit of any remedy
herein provided constitute a forfeiture or waiver of any
payment due. to. the District hereunder or of any damages
accruing to• the District by reason of the violation of
any of the provisions herein. No waiver by the District
of any violation of any'of the provisions herein shall
constitute: a waiver of any other violation of said
provisions. The District's acceptance of payments
hereunder after the occurrence of a default shall not be
construed as a,waiver of such default unless the District
so notifies User in writing. Forbearance by the District
to enforce one or more or'the remedies herein provided
upon a default shall not be deemed or construed to
constitute a waiver of such default. User shall pay the
District's costs, expenses and reasonable attorneys' fees
in pursuing the District's rights or remedies hereunder
or as provided by law.
5
11,1
',,.MAR 14 '94 05:10PM MAS•ORSE CARBNDLE
P.7
(b) User may terminate this Agreement upon the
occurrence of any of the following:
(i) The failure of the District to deliver sanitary
sewer service to the Residential property 4or more
than ten (10) consecutive days, unless such failure
is caused by or a. result of acts of God, criminal
acts of third parties, or enforcement of laws or
regulations of federal, state or local governmental
entities.
(Li) Upon a failure of the District -to cure a
default pursuant to paragraph 9 of this Agreement.
13. Notices. Notice under this Agreement shall mean personal
service or service by registered or certified mail, United States
mail., postage , prepaid, at the following addresses:
User:
District: Spring Valley Sanitation District
2°29 County Road
Glenwood Springs, Colorado 81601
14, Specific Performance_. It is specifically understood and
agreed that the rights acquired by each party hereto are such that
the failure of the Other party to perform its obligations hereunder
would do irreparable harm to the nondefau1ting party and there
would be no adequate remedy at law. Accordingly, itis agreed
sereed
that, in addition to any other equitable or legalm
obligations of the parties hereunder shall be specifically
enforceable in any court of competent jurisdiction.
15. Force ajeure. It is expressly agreed that the rights
and obligations of the parties shall be suspended whenever either
party is unable to perforin for reasons beyond its control or as a
result of an act of ,God . or' an act of a third party.
16. Service Inte,ruvtion. In the event the District needs to
stop or curtail the provision of sanitary sewer service to the
Residential Property for maintenance or reconstruction purposes, it
shall have the right, upon reasonable advance notice to User, to
temporarily suspend or curtail the delivery of sanitary sewer
service to the Residential Property for the purpose of such
maintenance or reconstruction.
17. Attorney's Fees. In any dispute between the parties to
this Agreement, the prevailing party shall be entitled to recover
its costs, expenses and reasonable attorney's fees.
6
•:'MAR 14 '94 05:11PM MAS MORSE CARBNDLE
' 1.8. ,B, netit. This Agreement shall extend to, be binding upon
and inure to the benefit of the parties hereto and their respective
heirs, successors, and assigns. Nothing in this Agreement is
intended to confer on any third person or entity any benefits,
rights or remedies.
L9. integrated .g rpt eement. This Agreement supersedes and
controls all prior written and oral agreements and representations
of the parties and is the total integrated agreement among the
parties.
20. Authority to Execute. By signing this ,Agreement, the
parties acknowledge and represent to one another that all
procedures necessary to validly contract and execute this Agreement
have been performed and that the persons signing for each party
have been duly authorized so to do.
IN WITNESS WHEREOF, the parties have executed this Agreement
in duplicate original on,the day and year first above written.
• SPRING VALLEY SANITATION DISTRICT
P.8
Attest:
Secretary, SVSD
By
President, SVSD•
By User,and Owner of
Residential Property
• •
WATER DELIVERY AGREEMENT
THIS AGREEMENT is made and entered into this 1st day of
January, 1989, by and between RED CANYON WATER COMPANY, a
Colorado Corporation (hereinafter referred to as the "Company")
and LOS AMIGOS RANCH PARTNERSHIP (hereinafter referred to as
"LARP").
RECITALS
A. The Company is the lessee of certain underground water
rights, more particularly described as the Los Amigos Well No. 5
originally decreed in Case No. W-2156 in the District Court of
Garfield County, Colorado (decree absolute) , and the Rancho Los
Amigos Well No. 6 as originally decreed in Case No. 3873 in
the District Court of Garfield County, Colorado (decree
conditional) . Such rights, which are subject to conditions and
stipulations on file in the records of the District Court for
Water Division No. 5, State of Colorado, including those in Case
No. W-3893 and which are included within and subject to an
augmentation plan filed by Basalt Water Conservancy District in
Case No. 87CW155 in the District Court for Water Division No. 5,
State of Colorado, such plan including other parties and rights
to the beneficial use of water, are hereinafter referred to as
the "Leased Water Rights".
B. The Company owns certain improvements and facilities
for the withdrawal, treatment, pumping, transmission, and deli-
very of water to water users in the Spring Valley area of
Garfield County, such as Auburn Ridge Apartments and LARP.
C. LARP is the owner of certain real property situated
within the Los Amigos Ranch Planned Unit Development, Garfield
County, Colorado, known as Subdivision II.
D. LARP desires the Company to provide water service to
the three existing residences within Subdivision II.
NOW, THEREFORE, for and in consideration of the foregoing
recitals and of the mutual terms, covenants, and conditions con-
tained herein, the parties agree as follows:
1. Definitions.
a. "LARP Residences" means the existing buildings and
appurtenant structures, pools, and hot tubs lying
within Subdivision II of the Los Amigos Ranch Planned
Unit Development and commonly known as the Ranch House,
Bunk House, and A -Frame.
b. "Basic Charge" means the monthly charge for use of
water delivered by the Company pursuant to Paragraph 3
of this Agreement.
•
c. "Potable water" means water of sufficient purity to
satisfy maximum contaminant levels allowed under the
Safe Drinking Water Act, Publ.L. 93-523, as of the date
of the execution of this Agreement, and all applicable
mandatory drinking water standards of the State of
Colorado in effect on the date hereof.
d. "Water Facilities" means all physical improvements and
facilities reasonably necessary or desirable for deli-
very of potable water -to the LARP Residences at the
Point of Delivery. "Water Facilities" are or will be
owned, constructed, maintained, and operated by the
Company. Water Facilities include, but are not limited
to, wells or other water source facilities, water
treatment facilities, storage facilities, pumps and
pumping stations, and major transmission lines.
e. "Point of Delivery" means the structures of the LARP
Residences.
2. Term.
a. This Agreement shall be for a primary term of ten (10)
years from the date hereof.
b. LARP shall have the right to renew this Agreement for
eight (8) successive five (5) year terms following the
primary term upon the same terms and conditions, except
for the rates provided for in Paragraph 3 .c. , below.
The Basic Charge shall be set at the beginning of each
five-year renewal period and shall in no event be more
than 30 percent greater than the amount charged during
the preceding primary term or renewal term.
c. Upon the expiration of the primary term and the renewal
terms, the Company and LARP may renew this Agreement
upon terms and conditions mutually acceptable to both
parties.
3. Delivery of Water.
a. The Company agrees to provide to the LARP Residences at
the Point of Delivery an amount of water sufficient to
serve the reasonable domestic and residential needs of
the LARP Residences; provided, however, that in no
event shall the Company be obligated to provide water
to the LARP Residences for or to any use of the LARP
Residences or LARP or others located outside the boun-
daries of the Los Amigos Ranch Planned Unit
Development.
b. The Company agrees to provide to LARP supplementary
volumes of water, provided the following two conditions
are met: (1) such additional water is available to the
•
Company under the Leased Water Rights after the Company
fulfills all other contractual water delivery obliga-
tions and without any further expense, cost, or outlay
by the Company and without securing or constructing any
additional water source, water right, or Water
Facilities; and (2) the additional water is reasonably
needed to serve the reasonable needs of LARP and will
not be used or put to any use located outside the boun-
daries of the Los Amigos Ranch Planned Unit
Development.
c. LARP shall pay to the Company a monthly charge in the
amount of $30.00 for the use of water (hereinafter
"Basic Charge") delivered by the Company pursuant to
subparagraph (a) above, adjusted annually in accordance
with Paragraph 4 of this Agreement. In addition to the
Basic Charge, LARP shall pay to the Company a charge
for any water delivered pursuant to subparagraph (b)
above (hereinafter "Supplemental Water Charge") calcu-
lated at the rate of 67 cents (67¢) per thousand
gallons used, such rate also to be adjusted annually in
accordance with Paragraph 4 of this Agreement.
4. Modification of Fees and Charges.
a. The monthly charges established pursuant to Paragraph 3
shall be automatically adjusted annually by the Company
at each anniversary date of this Agreement to reflect
the change in the purchasing power of the dollar. Such
adjustments shall be on the following basis: The
Consumer Price Index ("Index"), published by the Bureau
of Labor Statistics shall be the basis of computation.
The Index number for the United States as a whole in
the column entitled "All Items" for the month of June,
1988, shall be the "Base Index Number" and the
corresponding Index number for the month of June in
each succeeding year shall be the "Current Index
Number". The Current Index Number shall be compared
with the Base Index Number, and the monthly charges
shall be adjusted (either decreased or increased) in
the same ratio that the Current Index Number bears to
the Base Index Number. The new monthly charges so com-
puted shall remain in effect from the annual date of
adjustment hereunder for one year, at which time the
monthly charges will again be automatically adjusted
according to this formula:
(i) If publication of the Consumer Price Index, in its
entirety, or as necessary for the adjustment
herein, shall be discontinued, the parties hereto
shall thereafter accept comparable statistics on
the cost of living as computed and published by an
agency of the United States or by a responsible
financial periodical of recognized authority then
•
to be selected by the parties hereto or, if the
parties cannot agree upon a selection, by
arbitration.
(ii) In the event the Index shall hereafter be con-
verted to a different standard reference base or
otherwise revised, the parties shall use such con-
version factor, formula, or table for converting
the Index as may be published by the Bureau of
Labor Statistics for said purpose, or failing such
publication, by any other recognized publisher or
similar statistical information selected by the
parties hereto, or, if the parties cannot agree
upon a selection, by arbitration.
5. Manner of Payment.
a. On or before the tenth (10th) day of every sixth month
during the term hereof, LARP shall pay, without prior
demand therefor and without deduction or setoff, the
Basic Charge to the Company at its address provided in
Paragraph 17, below. The Company shall bill LARP in
writing for Supplemental Water Charges as they are
incurred. Said bills shall be paid by LARP within
thirty (30) days of their receipt.
b. In the event LARP fails to remit the Basic or
Supplemental Water Charges in the manner and time
period provided for herein, the Company, at its elec-
tion, may, in addition to any other remedies provided
for herein or by law:
(i) Assess a late charge not to exceed ten percent
(10%) of the unpaid and overdue balance; and/or
(ii) Recover interest at the rate of eighteen percent
(18%) per annum, or the maximum legal interest
rate if greater than eighteen percent (18%) , on
the unpaid and overdue balance; and/or
(iii) Curtail delivery of water under this Agreement if
two (2) or more consecutive monthly statements
remain unpaid by LARP.
6. Increased Treatment Standards. In the event that,
during the term of this Agreement, any statute, ordinance, regu-
lation, or order of any federal, state, or local government or
its agencies is duly enacted, promulgated, or issued which
requires the Company to treat water to be delivered under this
Agreement to an extent greater than the level and quality of
treatment required by this Agreement or which requires the
Company to modify or supplement the treatment methods or Water
Facilities owned or contemplated by the Company on the date of
this Agreement or as built, the Company agrees to use its best
• •
efforts without unreasonable delay to provide the additional or
modified treatment; provided, however, that the Company shall
not be obligated to spend money for this purpose until LARP pays
to the Company its proportionate cost of providing such addi-
tional or different treatment. The proportionate cost of the
additional or modified treatment borne by LARP shall be based
upon LARP's percentage use of all water delivered to water users
through the Water Facilities at the time the Company becomes
subject to such additional or modified treatment requirements.
7. Water Rights.
a. In the event that the Company's Leased Water Rights
shall ever, during the primary term or renewal term(s)
of this Agreement, be or become partially or wholly
inadequate or insufficient, physically or legally, to
supply water as set forth in Paragraph 3.a. of this
Agreement, the Company agrees to employ its best
efforts to secure such additional sources of water,
water rights, and/or the necessary water court appro-
vals to permit continual delivery of a potable water
supply to the LARP Residences as herein provided; pro-
vided, however, that the Company shall not be obligated
to expend money for this purpose until an agreement,
mutually acceptable to the Company and LARP, has been
executed which provides for recovery by the Company of
its additional investment.
b. The Company shall have no liability to LARP or any
third party for losses or damages, whether direct,
indirect, or consequential, that LARP or the LARP
Residences may incur which are caused by or result from
the failure to deliver water to the LARP Residences due
to the legal or physical inadequacy or insufficiency of
the Leased Water Rights.
8. Facility Maintenance. Except as expressly provided to
the contrary in this Agreement, the Company agrees, at its
expense, to inspect, maintain, operate, and improve the Water
Facilities owned by it in accordance with accepted engineering
practices.
9. Notice of Agreement. LARP agrees to inform and provide
notice, to all existing and prospective lessees and purchasers
of the LARP Residences, of the terms and conditions of this
Agreement.
10. Duty of Care. The Company agrees to exercise reason-
able care and good -faith efforts to furnish potable water to the
LARP Residences. The Company shall not be liable for any loss
or damage, whether direct, indirect, or consequential, for any
failure to supply potable water to the LARP Residences, except
in those circumstances where the Company fails to exercise
reasonable care and good -faith efforts; provided, however, that
•
nothing herein shall modify or supersede the provisions of
Paragraphs 6 and 7.
11. Connections. To ensure no waste hereunder, every con-
nection shall be in compliance with all applicable state and
local requirements, if any. The Company shall have the right to
inspect and approve every service connection prior to supplying
water.
12. Entry. The Company, and its authorized agents,
employees, and representatives, shall have the right, but not
the obligation, to enter upon the premises of the LARP
Residences at any time for the purpose of inspecting, main-
taining, or replacing any water facilities owned by LARP now or
hereafter located on the premises of the LARP Residences. Such
maintenance repair or replacement shall be at LARP's sole cost
and the Company shall be promptly reimbursed.
13. Fire Hydrants. LARP shall not obtain or attempt to
obtain any water from any fire hydrant located on the premises
of the LARP Residences for any purpose or use other than
emergency use to fight or put out fires on the premises of the
LARP Residences without the express consent of the Company.
14. Title and Ownership.
a. The Company represents that it has full right and
authority under the Leased Water Rights to furnish
water in accordance with the terms herein. Nothing
within this Agreement shall be construed as granting,
relinquishing, or otherwise conveying any right, title,
or interest in the Water Facilities or the Leased Water
Rights to LARP.
b. All water furnished under this Agreement is for the use
of the LARP Residences' occupants. Said right of use
of water by the LARP Residences' occupants shall not
include any right to make a succession of uses of such
water and upon completion of the primary use by the
LARP Residences' occupants all right, title, and
interest in and to the water furnished under this
Agreement shall revert automatically and completely to
the Company. LARP agrees that it shall expressly pro-
hibit the sale or resale of water supplied to the LARP
Residences' occupants. Nothing contained herein shall
be deemed as imposing on the Company any obligation of
duty for the collection or purification of water or
otherwise after use by the LARP Residences' occupants
or following delivery to the LARP Residences at the
Point of Delivery.
c. LARP shall be solely responsible for operation, main-
tenance, and replacement of all Water Facilities used
by LARP for the LARP Residences on its property after
the Point of Delivery.
-6-
• •
15. Default; Notice to Cure. In the event that either
party to this Agreement shall fail to keep or perform any cove-
nant, term, or provision hereof required to be kept or performed
by such party according to the terms and provision of this
Agreement, the non -defaulting party shall give the defaulting
party written notice specifying the particular default or
defaults. The defaulting party shall have such time as provided
in said notice, which period of time shall in no event be less
than twenty (20) days in which to cure such default or defaults
within the period of the notice. During the period of time pro-
vided to cure defaults, neither party shall initiate against the
other party legal proceedings for breach of this Agreement.
16. Termination.
a. The Company, in its sole discretion, may terminate this
Agreement, and the Company's obligation under this
Agreement or otherwise to supply water to the LARP
Residences and its occupants shall then terminate upon
the occurrence of any of the following:
(i) Upon a determination by a court of competent
jurisdiction that the Company is a public utility
for purposes of the delivery and sale of water to
LARP and the LARP Residences under this Agreement
or otherwise and is subject to regulation by and
the jurisdiction of the Colorado Public Utilities
Commission.
(ii) Upon a determination by a court of competent
jurisdiction that the Company or the delivery and
sale of water by the Company to LARP and the LARP
Residences under this Agreement or otherwise is
subject to rate regulation by the Garfield County
Board of County Commissioners.
(iii) Upon a failure by LARP to cure a default pursuant
to Paragraph 15 of this Agreement.
In the event that this Agreement is terminated pursuant
to this provision for failure to pay any charges or
amounts due from LARP to the Company hereunder, LARP
hereby assigns and grants to the Company any and all
rights which LARP may have to enforce and collect any
payments or rents due to LARP which are owed by LARP
Residences' occupants. The failure to declare this
Agreement terminated upon failure to cure a default
shall not constitute a waiver of such default or the
rights provided for herein as to any other default.
Pursuit of any of the foregoing remedies shall not
preclude pursuit of any of the other remedies herein
provided or any other remedies provided by law, nor
shall pursuit of any remedy herein provided constitute
a forfeiture or waiver of any payment due to the
• •
Company hereunder or of any damages accruing to the
Company by reason of the violation of any of the provi-
sions herein contained. No waiver by the Company of
any violation of any of the provisions herein contained
shall constitute a waiver of any other violation of any
of the provisions herein contained. The Company's
acceptance of payments hereunder after the occurrence
of a default shall not be construed as a waiver of such
default unless the Company so notifies LARP in writing.
Forebearance by the Company to enforce one or more of
the remedies herein provided upon a default shall not
be deemed or construed to constitute a waiver of such
default. The receipt by the Company of rent with
knowledge of LARP's violation of any provisions con-
tained in this Agreement shall not constitute a waiver
of any other violation of any of the provisions con-
tained herein. LARP shall pay all the Company's costs,
expenses, and reasonable attorneys' fees in pursuing
the Company's rights or remedies hereunder or as pro-
vided by law.
b. LARP, in its sole discretion, may terminate this
Agreement upon the occurrence of any of the following:
(i) The failure by the Company to deliver water to the
LARP Residences for more than ten (10) consecutive
days unless: such failure is caused by or a
result of acts of God, criminal acts of third par-
ties, enforcement of laws, or regulations of
federal, state, or local governmental entities; or
(ii) Upon a failure by the Company to cure a default
pursuant to Paragraph 15 of this Agreement.
17. Notices. Notice under this Agreement shall mean per-
sonal service or service by registered or certified mail, United
States mail, postage prepaid, at the following addresses:
LARP:
COMPANY:
141 West Jackson Boulevard
Suite 1720
Chicago, IL 60604
c/o Greg Boecker
2929 County Road 114
Glenwood Springs, CO 81601
18. Specific Performance. It is specifically understood
and agreed that the rights acquired by each party hereto are
such that the failure of the other party to perform its obliga-
tions hereunder would do irreparable harm to the non -defaulting
party and there would be no adequate remedy at law.
Accordingly, it is agreed that, in addition to any other
equitable or legal remedies, the obligations of the parties
hereto shall be specifically enforceable in any court of com-
petent jurisdiction.
-8-
• •
19. Force Majeure. It is expressly agreed that the rights
and obligations of the parties shall be suspended whenever
either party is unable to perform for reasons beyond its control
or as a result of an act of God or an act of a third party.
20. Service Interruption. In the event the Company needs
to stop or curtail the diversion or withdrawal of water or the
delivery of water to the LARP Residences for maintenance or
reconstruction purposes, it shall have the right, upon reason-
able advance notice to LARP, to temporarily suspend or curtail
the delivery of water to the LARP Residences for the purpose of
such maintenance or reconstruction.
21. Fire Flows. The Company makes no representation or
warranty concerning the adequacy of the flows available to the
LARP Residences for fire protection purposes.
22. Assignment.
a. The Company agrees that all of LARP's rights and obli-
gations under this Water Delivery Agreement may be
assigned by LARP to any purchaser of LARP or LARP
Residences; provided, however, that until the purchaser
or the entity agrees in writing to be bound by the
terms of this Agreement, LARP shall remain liable
hereunder.
b. LARP agrees that the Company may assign the Company's
rights and obligations under this Water Delivery
Agreement to a third party, including without limita-
tion, to a homeowners association encompassing the Los
Amigos Ranch Planned Unit Development if said asso-
ciation is formed for the purpose and with the power to
provide water service within said Planned Unit
Development and agrees in writing to be bouna by the
terms of this Agreement.
23. Bankruptcy. The parties recognize that the provision
of water service to the Apartments is vital to LARP's ability to
operate the LARP Residences and recognizing further that the
Company has the right, under its lease agreement for the Leased
Water Rights, in the event of the filing by the lessor of a
voluntary or involuntary Chapter 7 bankruptcy petition, to
request from the lessor the conveyance of that portion of the
Leased Water Rights then in use or needed by the Company to pro-
vide water service pursuant to any and all water delivery
agreements. Therefore, the Company agrees, in the event the
Company files a voluntary or involuntary Chapter 7 bankruptcy
petition, to convey to LARP, its successors, and assigns, upon
request and without further consideration, an undivided interest
in the Company's Water Facilities necessary to provide water
service to the LARP Residences, together with an undivided
interest in and to the lease agreement for the Leased Water
Rights necessary to provide water service to the LARP
-9-
•
Residences. The Company further agrees in the event its lessor
files a voluntary or involuntary Chapter 7 bankruptcy petition
to obtain from its lessor pursuant to the lease that quantity of
the Leased Water Rights necessary to provide water service to
the Apartments and, in the event the Company owns said water
rights at the time of any conveyance to LARP of an undivided
interest in the Company's Water Facilities pursuant to this
paragraph to include in said conveyance that quantity of the
Leased Water Rights necessary to provide water service to the
Apartments. Upon such conveyance by the Company, this Water
Delivery Agreement shall be null and void and of no further
force or effect. The parties agree to execute such documents or
instruments upon request as are necessary to implement the pro-
visions of this Agreement.
24. Benefit. This Agreement shall extend to, be binding
upon, and inure to the benefit of the parties hereto and the
heirs, successors, and assigns of the respective parties hereto.
Nothing in this Agreement is intended to confer on any third
person or entity any benefits, rights, or remedies.
25. Integrated Agreement. This Agreement supersedes and
controls all prior written and oral agreements and represen-
tations of the parties and is the total integrated agreement
among the parties.
26. Authority to Execute. By signing this Agreement, the
parties acknowledge and represent to one another that all proce-
dures necessary to validly contract and execute this Agreement
have been performed and that the persons signing for each party
have been duly authorized so to do.
IN WITNESS WHEREOF, the parties have executed this Water
Delivery Agreement in duplicate originals on the day and year
first above written.
RED CANYON WATER COMPANY
By
President
ATTEST:
•
LOS AMIGOS RANCH PARTNERSHIP
THOMAS E. NEAL, Managing Partner
• •
inais
STATE OF COINFIRSIM )
County of Co o v. )
ss.
The foregoing instrument was acknowledged before me this
i 5 day of Jckr -c,.r' , 1989, by 7—h LI E. iV�� i ►
as President, and by reg 13c , as Secretary, on
behalf of Red Canyon Water Colritany.
WITNESS my hand and official seal.
My Commission expires:
"OFFICIAL SEAL"
Elizabeth A. Jorth
Notary Public, State of Illinois
My Commission Expires Dec. 30, 1990
STATE OF
ss.
County of Coo , )
‘74/_/
Notary-) Public
The foregoing instrument was acknowledged before me this
/6 day of Ja.n i ty , 1989, by THOMAS E. NEAL, Managing
Partner of Los Amigos Manch Partnership.
WITNESS my hand and official seal.
My Commission expires:
"OFFICIAL SEAL"
Elizabeth A. Jorth
Notary Public, State of Illinois
My Commission Expires Dec. 30, 1990
/17
s./%2 % Z4'it?
Notary P-�tblic
A.
•
EXHIBIT B (SIA) •
SUBDIVISION IMPROVEMENTS AGREEMENT
LOS AMIGOS RANCH PUD, SUBDIVISION II, FILINGS 3 & 4
SITE WORK
1. Earthwork
2. Storm Drains
3. Base Course Aggregate
4. Chip -Seal
5. Revegetation
6. Road Signage
B. WATER SYSTEM
1. Water Line
2. Water Services
3. Fire Hydrants
C. OTHER UTILITIES
1. Gas Trench
2. Gas Materials
3. Electric/Telephone Trench
4. Electric Materials
5. Telephone Materials
6. Sewer Systems
Total Costs
$28,000
2,000
36,000
12,000
1,000
200
$54,000
6,000
10,800
$10,000
7,950
12,000
33,600
12,325
55,000
Percentage
Completed Remaining
and Paid Costs
90%
100%
0%
0%
0%
0%
100%
100%
100%
$2,800
-0-
36,000
12,000
1,000
200
$52,000
-0-
-0-
-0-
100% -0-
100% -0-
100% -0-
100% -0-
100% -0-
100% -0-
TOTAL REMAINING COSTS $52,000
I hereby certify that these cost estimates reasonably reflect the actual remaining costs of
completing all the subdivision improvements in Filings 3 & 4, Subdivision II, Los Amigos Ranch
PUD.
Dean Gordon,
Schmueser, Gordon Meyer
I hereby certify that each of these items has been paid for to the extent of the percentage listed.
Greg S. Boecker
Manager, Los Amigos Ranch
EXHIBIT B (SIA)
SUBDIVISION IMPROVEMENTS AGREEMENT
LOS AMIGOS RANCH PUD, SUBDIVISION II, FILINGS 3 & 4
Percentage
Completed Remaining
Total Costs and Paid Costs
A. SITE WORK
1. Earthwork $28,000 90% $2,800
2. Storm Drains 2,000 100% -0-
3. Base Course Aggregate 36,000 0% 36,000
4. Chip -Seal 12,000 0% 12,000
5. Revegetation 1,000 0% 1,000
6. Road Signage 200 0% 200
$52,000
B. WATER SYSTEM
1 Water Line $54,000 100% -0-
2. Water Services 6,000 100% -0-
3. Fire Hydrants 10,800 100% -0-
C. OTHER UTILITIES
1. Gas Trench $10,000 100% -0-
2. Gas Materials 7,950 100% -0-
3. Electric/Telephone Trench 12,000 100% -0-
4. Electric Materials 33,600 100% -0-
5. Telephone Materials 12,325 100% -0-
6. Sewer Systems 55,000 100% -0-
TOTAL REMAINING COSTS $52,000
I hereby certify that these cost estimates reasonably reflect the actual remaining costs of
completing all the subdivision improvements in Filings 3 & 4, Subdivision II, Los Amigos Ranch
PUD.
Dean Gordon,
Schmueser, Gordon Meyer
I hereby certify that each of these items has been paid for to the extent of the percentage listed.
Greg S. Boecker
Manager, Los Amigos Ranch
• •
LEASE OF WATER RIGHTS
THIS LEASE OF WATER $.IGHTS ("Lease") is made and entered
into this ! = day of C: -c , 198;7) , by and between LOS
AMIGOS RANCH PARTNERSHIP, a Colorado general partnership,
hereafter "Lessor," and RED CANYON WATER COMPANY, a Colorado
corporation, hereafter "Lessee."
RECITALS:
A. Lessor is the owner of certain underground water rights
more particularly described as follows:
Los Amigos Well No. 5 originally decreed in Case No.
W-2156 in the District Court of Garfield County,
Colorado (decree absolute) and Rancho Los Amigos Well
No. 6 as originally decreed in Case No. W-3873 in the
District Court of Garfield County, Colorado (decree
conditional), subject to conditions and stipulations on
file in the records of the District Court for Water
Division No. 5, State of Colorado, including those in
Case. No. W-3893, and subject to and included within an
augmentation plan filed by Basalt Water Conservancy
District in Case No. 87 CW 155 in the District Court
for Water Division No. 5, State of Colorado, such plan
including other parties and rights to the beneficial
use of water.
Such rights, as circumscribed and limited by the referenced
decrees, conditions, stipulations and augmentation plan, are
hereinafter referred to as the "Water Rights."
B. Lessee owns certain improvements and facilities for the
withdrawal, treatment, pumping, transmission and delivery of
water to certain water users in or about the Spring Valley area
of Garfield County, Colorado (herein "Water Facilities").
C. Lessee desires to obtain a source of water for contract
sale to said water users, and for that purpose desires to lease
the Water Rights from Lessor.
NOW, THEREFORE, in consideration of the foregoing recitals
and of the mutual terms, covenants, and conditions contained
herein, the parties agree as follows:
1. Lease of Water Rights. Lessor grants to Lessee a lease
in and to the Water Rights pursuant to the terms and conditions
of this Lease. Lessee shall have full right and authority to
withdraw, treat, and apply to beneficial use water from the above
• •
described wells to the extent and in the manner permitted under
the Water Rights, including the authority to enter into
agreements to deliver water to persons or entities in or about
the Spring Valley area of Garfield County, Colorado. Lessee
shall also have the full right and authority to request releases
of augmentation water pursuant to the Basalt Water Conservancy
District augmentation plan referenced in Recital A above as
necessary to ensure adequate water supplies to its Water
Facilities, so long as such requested releases do not cause
Lessee to use or withdraw more water than is lawfully available
to it under the Water Rights.
2. Term. This Lease shall be for a primary term of fifty
(50) years from the date set forth above. In the event this
Lease is in full force and effect and water is being supplied
hereunder at the expiration of the primary term, Lessee shall
have the right to renew this Lease for two additional terms of
twenty (20) years each upon the same terms and conditions as are
set forth herein. Upon the expiration of any renewal term,
Lessor and Lessee may renew this Lease upon such terms as are
mutually agreeable to the parties.
3. Annual Rent. Lessee shall pay to Lessor as rent for
the Water Rights an amount equal to thirty-seven cents (37) per
thousand (1000) gallons of water withdrawn or pumped annually
from the wells described in Recital A above or from such other
points of diversion as are subsequently allowed under the Water
Rights. Rent shall be determined and paid to Lessor at its
address provided in paragraph 14(b) below, without prior demand
therefor, within thirty (30) days after each anniversary date of
this Lease, the first such anniversary date being
w,hC19 . In the event this Lease is
terminated and Lessee discontinues its withdrawal or pumping of
water hereunder on any date other than an anniversary date of
this Lease, rent for such fraction of a year shall be determined
and paid in like manner within thirty (30) days after the date
such withdrawal or pumping is discontinued.
4. Modification of Annual Rent.
a. Terms and Limits of Modification. On each
occasion that Lessee's Gross Sales (as "Gross Sales" is
hereinafter defined) for the twelve (12) month period ending
on any anniversary date of this Lease exceed the amount
equal to six hundred percent (600%) of the annual rent due
for such twelve (12) month period, Lessor shall have the
option to increase the rental rate provided for in paragraph
3 above by an amount not to exceed ten percent (10%) of the
then -applicable rental rate. Such increased rental rate
shall apply to the calculation of annual rent thereafter,
beginning with the annual rent for the period ending on the
2
• •
next succeeding anniversary date of this Lease. The option
to increase the rental rate shall be exercised by written
notice from Lessor to Lessee within thirty (30) days of
Lessor's receipt of Lessee's reports and records for the
preceding annual rent period as set forth in paragraphs 4(b)
and 5 below. If Lessor has the right to increase the rental
rate pursuant to this paragraph, but elects to increase such
rate by less than ten percent (10%), Lessor may, in its
discretion, subsequently impose the balance of the allowable
rental rate increase, i.e., an amount not exceeding the
difference between the rental rate increase adopted and the
maximum increase permitted, with respect to the annual rent
for the period ending on the second succeeding anniversary
date of this Lease, provided that Lessor may not increase
the rental rate by more than ten percent (10%) for any
single annual rent period.
b. Reports.
(i) Within thirty (30) days following each
anniversary date of this Lease during the term hereof,
Lessee shall submit to Lessor an accurate, unaudited,
written report signed and certified by Lessee (or on
its behalf by a duly authorized agent) to be true and
correct, showing the full amount of Gross Sales during
the preceding twelve (12) months.
(ii) The reports referred to in this subsection
(b) shall be in such form and style and shall contain
such details and information as Lessor may reasonably
designate. The acceptance by Lessor of such reports
shall be without prejudice and shall not constitute a
waiver of Lessor's right to audit Lessee's books and
records, as hereafter set forth. If Lessee's Gross
Sales are required to be reported on any federal or
state tax return, and Gross Sales as so reported on any
such returns exceed the Gross Sales as reported to
Lessor by Lessee (as herein provided), then the Gross
Sales shall be taken at the highest figure so reported.
c. Definition of Gross Sales. The phrase "Gross
Sales," as used in this Lease, shall mean the dollar
aggregate of the price charged by Lessee to water users for
water delivered in accordance with the Water Rights leased
hereunder, whether made for cash, on credit, by check,
charge accounts or otherwise, without reserve or deduction
for inability or failure to collect the same. Gross Sales
shall also include all monies or other things of value
received by Lessee in connection with extension or provision
of water service derived from the Water Rights, including,
without limitation, finance charges, late charges,
3
• •
unrefunded deposits, standby charges, and tap fees. Each
charge for water service, whether upon installment or
credit, shall be treated as a sale in the month during which
such water service is provided, irrespective of the time
Lessee issues bills or receives payment therefor.
d. Books and Records. Lessee shall prepare and keep
for a period of not less than thirty-six (36) months
following the end of each twelve (12) month period
commencing on the commencement of the Lease term or
anniversary thereof, true and accurate books of account and
records, conforming to generally sound and accepted
accounting principles consistently applied, including, but
not limited to, income tax and other reports filed with
governmental agencies, contracts and agreements for water
service, receipts and statements for water charges, records
of daily bank deposits of all receipts from water customers,
duplicate bank deposit slips, bank statements, and all other
documentation from which Gross Sales can be determined.
e. Inspection and Audit. Lessor shall have the
right, upon ten (10) days' notice to Lessee, to cause a
complete audit of all statements of Gross Sales and in
connection with such audit, to examine Lessee's books of
account and records (including all supporting data and any
other records from which Gross Sales may be tested or
determined) of Gross Sales disclosed in any statement given
to Lessor by Lessee, and Lessee shall make all such records
available for such examination at Lessee's place of business
during regular business hours. The furnishing by Lessee of
any fraudulent statement shall constitute a default under
paragraph 14 of this Lease. If any audit shall be commenced
by Lessor or if there shall arise a difference or dispute
concerning Gross Sales, then and in any such event, Lessee's
books of account and records, including all supporting data
and any other records from which Gross Sales may be tested
or determined, shall be preserved and retained by Lessee
until a final resolution or final determination of such
dispute or difference or litigation. Any information
obtained by Lessor as a result of such audit shall be
treated as confidential, except as may be necessary for the
enforcement of Lessor's rights under this Lease, including
any litigation or proceeding between the parties, and,
except further, that Lessor may disclose such information
pursuant to any subpoena or judicial process.
5. Records of Pumping Activity. Lessee shall keep true
and accurate records in accordance with generally accepted
engineering practices of all water withdrawn or pumped from the
wells described in the recitals each month. Copies of such
records shall be furnished to Lessor along with the monthly rent
4
• •
payment within the time required for payment of monthly rental.
Lessee shall make available to Lessor, at Lessor's request, all
records of Lessee pertaining to water delivered to customers of
Lessee.
6. Water Quality. Lessor makes no representation,
promise, covenant or warranty, express or implied, as to the
quantity, quality, desirability, fitness or merchantability of
water obtained by virtue of the Water Rights leased hereunder and
through the wells described in the recitals hereto. Lessee
acknowledges that it has examined, or had the opportunity to
examine, all pertinent records and documents relating to the
Water Rights leased hereunder and accepts the same in their
existing condition and quantity. All treatment necessary to make
such water potable or usable for the purposes desired by Lessee
shall be the sole cost, expense and obligation of Lessee.
7. Liability. Lessor shall have no liability for losses
or damages, whether direct, indirect or consequential, that
Lessee or any third party may incur which are caused by or result
from (a) failure or inability to deliver water in accordance with
its contractual obligations, (b) Lessee's delivery of water which
is unpotable, unfit, or hazardous to health or property, or (c)
the legal or physical inadequacy or insufficiency of the Water
Rights. Lessee shall indemnify and hold Lessor harmless from any
claim, loss or liability arising from or in connection with the
use of the Water Rights or delivery of water thereunder. This
indemnity shall include Lessor's costs and expenses, as well as
reasonable attorneys' fees, incurred for the purpose of
investigating, negotiation, litigating or settling any claim or
cause of action whether commenced or threatened.
8. Water Delivery Facilities. All physical improvements
and facilities necessary or desirable for the withdrawal,
treatment, storage, pumping, transmission, delivery of supply of
the Water Rights leased hereunder shall be installed, constructed
and maintained at Lessee's sole cost and without cost, charge or
expense to Lessor. Lessee shall indemnify and hold Lessor
harmless from any and all loss, liability, claim or cause of
action arising from or in connection with the installation,
construction or maintenance of any such facility or improvements.
9. Duties of Lessee. Lessee shall timely perform and
undertake, at Lessor's sole cost and expense all acts or actions
reasonably necessary or desirable to preserve and protect the
Water Rights. Lessee shall not cause or suffer, whether by
itself or through the act or omission of third parties, any
damage to the Water Rights. Lessee shall keep and maintain all
physical improvements and facilities for the withdrawal,
treatment, storage or transmission of water in good maintenance
and repair and in a condition meeting all mandatory federal,
5
• •
state and local requirements for such water facilities and in
accordance with generally accepted engineering practices. Lessee
shall not permanently impair, injure or damage the wells or other
source(s) from which such water is obtained. Lessee shall also
operate the facilities in accord with any preexisting agreements
and stipulations between Lessor and third parties which affect
the Water Rights.
10. Notice to Third Parties. Prior to entering into any
agreement to supply water from the Water Rights, Lessee shall
furnish the recipient thereof with notice of the existence of
this Lease and the terms and conditions hereof. All agreements
with third parties shall be subject to the terms and conditions
of this Lease.
11. Title and Ownership. It is understood that the Water
Rights leased hereunder are solely owned by Lessor. Nothing
contained herein shall grant to Lessee any right, title or
interest in or to the Water Rights except as is specifically
provided herein. Lessee shall at all times, and at Lessor's cost
and expense, protect and defend the title of Lessor in and to the
Water Rights. Nothing contained herein shall be construed to
create or evidence a partnership or joint venture between Lessor
and Lessee with respect to the Water Rights or the sale of water
hereunder, and neither the method of computation of rent nor any
other provisions contained herein, nor any act of the parties
hereunder, shall be deemed to create any relationship between the
parties hereto other than the relationship of landlord and
tenant. Lessor shall have no right to control, direct or
participate in the management of Lessee.
12. Encumbrances. Lessee shall not grant, create or suffer
any lien, security interest, or other encumbrance upon or against
the Water Rights, voluntarily or involuntarily, without the prior
written consent of Lessor. Lessee shall promptly discharge any
involuntary liens placed upon or against the Water Rights or
obtain bonds securing payment of any such liens.
13. Landlord's Lien. In addition to any statutory lien for
rent in Lessor's favor, Lessor shall have and Lessee hereby
grants to Lessor a continuing security interest for all annual
rent and other sums of money becoming due hereunder from Lessee,
upon the Water Facilities described in Exhibit A attached hereto
and upon all contract rights or accounts receivable related to
the sale or delivery of water to water users under the Water
Rights. Such property shall not be removed, sold, conveyed or
encumbered without the consent of Lessor until all arrearages in
annual rent as well as any and all other sums of money then due
to Lessee hereunder shall first have been paid and discharged.
In the event of a default under this Lease, Lessor shall have, in
addition to any other remedies herein or by law, all rights and
6
• •
remedies under the Uniform Commercial Code, including without
limitation the right to sell the property described in this
paragraph 13 at public or private sale upon five (5) days' notice
to Lessee. Lessee hereby agrees to execute such financing
statements and other instruments necessary or desirable in
Lessor's discretion to perfect the security interest hereby
created. Any statutory lien for rent is not hereby waived, the
express contractual lien herein granted being in addition and
supplementary thereto.
14. Default and Termination. A default shall be deemed to
have occurred upon either party's failure to perform any of the
provisions of this Lease. A defect in performance shall not be
deemed a default if such defect may be cured within thirty (30)
days following notice of the defective performance given by the
nondefaulting party. In the event of a default, the
nondefaulting party may institute suit to collect such damages as
may be proper and, at the option of the nondefaulting party,
terminate this Lease. In addition, it is understood that the
rights acquired by each party hereto are such that the failure of
a party to perform its obligations hereunder would do irreparable
harm to the nondefaulting party for which there would be no
adequate remedy at law. Accordingly, it is agreed that, in
addition to any other equitable legal remedies, the obligations
of the parties hereto shall be specifically enforceable in any
court of competent jurisdiction. Pursuit of any of the foregoing
remedies shall not preclude pursuit of any of the other remedies
herein provided or any other remedies provided by law, nor shall
pursuit of any remedy herein provided constitute a forfeiture or
waiver of any rent due to Lessor hereunder or of any damages
accruing to Lessor by reason of the violation of any of the
provisions herein contained. No waiver by Lessor of any
violation of any of the provisions herein contained shall
constitute a waiver of any other violation of any of the
provisions herein contained. Lessor's acceptance of rent or
other payments hereunder after the occurrence of a default shall
not be construed as a waiver of such default unless Lessor so
notifies Lessee in writing. Forbearance by Lessor to enforce one
or more of the remedies herein provided upon a default shall not
be deemed or construed to constitute a waiver of such default.
The receipt by Lessor of rent with knowledge of Lessee's
violation of any provision contained in this Lease shall not
constitute a waiver of any other violation of any of the
provisions contained herein.
15. Bankruptcy. If at any time during the term of this
Lease Lessor files a voluntary petition for relief under the U.S.
Bankruptcy Code, or if an involuntary proceeding is commenced
against Lessor under the U.S. Bankruptcy Code, Lessor or its
successor in interest shall, at Lessee's request and without
further consideration, convey to Lessee by warranty deed that
7
• •
portion of the Water Rights reasonably needed by Lessee to
fulfill its then -existing contractual obligations to water users.
Upon such conveyance by Lessor, this Lease shall be null and void
and of no further force or effect.
16. General Provisions.
(a) Assignment. Except for permitted deliveries of
water to water users as contemplated hereby, there shall be
no transfer or assignment of Lessee's rights pursuant to
this Lease without the prior written consent of Lessor,
which shall not be unreasonably withheld.
(b) Notice. Whenever notice shall be required
hereunder, notice shall be deemed sufficiently given upon
mailing, postage prepaid, United States mail, certified
return receipt requested to the addresses of the parties set
forth below:
Lessor: Los Amigos Ranch Partnership
c/o Thomas E. Neal
141 West Jackson Blvd., Room 1720
Chicago, Illinois 60604
Lessee:
Red Canyon Water Company
0228 Auburn Ridge Lane, #E-101
Glenwood Springs, Colorado 81601
(c) Force Majeure. The rights and obligations of the
parties hereto shall be suspended when any party is unable
to perform its obligations hereunder for reasons which are
reasonably beyond its control or as a result of an act of
God or the act of any third party.
(d) Attorneys' Fees. In the event that either party
seeks to enforce any term or provision hereof by legal
proceedings, the prevailing party in such legal proceedings
shall be entitled to an award of its costs and expenses
incurred of the same, including reasonable attorneys' fees.
(e) Integrated Agreement. This Lease supersedes and
controls all prior written and oral agreements and
constitutes the entire and integrated agreement of the
parties.
(f) Benefit. This Lease shall inure to the benefit of
and shall be binding upon the parties' heirs, successors,
legal representatives and permitted assigns. Nothing
contained in this Lease is intended to confer on any third
person or entity any benefits, rights or remedies.
8
• •
(g) Severability. If any clause or provision of this
Lease is subsequently determined to be illegal, invalid or
unenforceable under present or future laws, then it is the
intention of the parties hereto that the other terms and
provisions of this Lease shall not be affected thereby.
DATED the day and year first written above.
Attest:
LOS AMIGOS RANCH PARTNERSHIP,
a Colorado general partnership
BY(5.
/527
Managing Partner
RED CANYON WATER COMPANY,
a Colorado corporation
By
ary President
9
• •
AMENDMENT TO LEASE OF WATER RIGHTS
T'?:.. AMF*.-DMENT77 7EASE 1,7AT--7
'Amendment") is made and entered into 7hiS -v t
September. 1992. by and between LOS AMIGOS RANCH =ART 'TERSHIP .
Colorado general partnership iereinafter "Lessor'' . and REI)
CANYON WATER COMPANY. a Colorado corporation !hereinafter
"Lessee");
WITNESSETH:
a
WHEREAS. the --arties have heretofore entered into a Lease of
Water Rights dated October
WHEREAS. the parties desire to amend said Lease Agreement
and. with such, amendment. :r!atifv and affirm the Lease of eater
_=tights dated October 31. 1988.
NOW. THEREFORE. for and: :n consideration of the mutual
promises and covenants contained herein. the parties agree as
"follows:
Except as expressly modified herein, the parties ratify
and affirm the Lease or Water Rights dated October 31. 1988.
2. Lessee agrees that it will not enter into Water
Delivery Agreements with third parties located outside of Los
Amigos Ranch P.U.D., which would .nowingly jeopardize the
Lessee's ability to rrovide ,nater service o the extent of
-.physical capacity, 70 lot owners within the Los Amigos Ranch
?.C.D. , Garfield County, Colorado.
This amendment snail 1.nsure ;_o the aenerit or and shall
be binding upon the parties' heirs, successors. legal
'epresentatives. and Permitted assigns. Nothing contained in
this Amendment is intended to confer on any third party or entity
any benefits, rights, or remedies.
WHEREFORE, the parties have entered into this Agreement in
duplicate originals on the day y r. nd '?ear `ir st written above.
LOS AMIGOS RANCH PARTNERSHIP RED CANYON WATER COMPANY
A Colorado General ?artnershi:: A Colorado Corporation
7 37
Thomas E. Neal. Managing Thomas E. Neal President
Partner
Attest:
reg/ oeci:er. Secretary
1 •
MODIFICATION OF LEASE OF
WATER RIGHTS AND WATER DELIVERY AGREEMENT
- INTERIM AGREEMENT -
THIS MODIFICATION OF LEASE OF WATER RIGHTS AND WATER DELIVERY
AGREEMENT (hereinafter "Interim Agreement") is made and entered into this / -13 day
of November, 1993, by and between Los Amigos Ranch Partnership, a Colorado general
partnership (hereinafter "the Partnership"), and Red Canyon Water Company, a Colorado
corporation (hereinafter "the Company"):
WITNESSETH:
WHEREAS, the parties have heretofore entered into a Lease of Water Rights dated
October 31, 1988 and a Water Delivery Agreement dated January 1, 1989, and
WHEREAS, the parties desire to modify said Lease and Delivery Agreements for
an interim period of time and, with such modification, ratify and affirm the Lease of Water
Rights dated October 31, 1988 and the Water Delivery Agreement dated January 1, 1989;
and
WHEREAS, the water delivered by the Company pursuant to said Delivery
Agreement, to the Partnership for residential and construction uses is unmetered and
therefore uncertain and the Company does not wish to incur the costs of installing said
meters; and
WHEREAS, the Partnership must grossly estimate the unmetered water provided
pursuant to the Lease Agreement and wishes to avoid any disagreement as to estimated
useage; and
WHEREAS, the Company wishes to encourage construction of residential facilities
for water users and receives benefit from exercise of its fire hydrant facilities; and
WHEREAS, the Company has installed interim pressure tank facilities in the A -
Frame garage, occupies Partnership office space, and utilizes utilities for both the office
space and heating the pressure tanks, which value is estimated to be approximately
$400/year, and
WHEREAS, the Company's retail profit of the unmetered water delivered to the
Partnership is estimated to be approximately $300/year for residential uses and $100/year
for construction uses, totalling approximately $400/year.
NOW THEREFORE, for and in consideration of the mutual promises, covenants
and benefits contained herein, the parties agree as follows:
1. Except as expressly modified herein, the parties ratify and affirm the Lease
of Water Rights dated October 31, 1988 and the Water Delivery Agreement
dated January 1, 1989.
1 •
2. The Company agrees that in exchange for use of the Partnership's facilities
for the pressure tanks, office space and related utilities, the Company will
waive the monthly "Basic Charge" to the Partnership and all "Supplemental
Water Charges" associated with the construction of additional residential
facilities by the Partnership.
3. The Partnership agrees to limit the calculation of the "Annual Rent" to
metered water delivered to other Company users.
4. Nothing contained herein shall effect the yearly CPI based modifications of
the Company's water charges pursuant to the Water Delivery Agreement or
the ability of the Partnership to modify the annual rent pursuant to the Lease
of Water Rights, provided, however, that solely for the purpose of calculating
any modification of the annual rent, the Partnership will be assumed to have
received an additional $150 in annual Water Lease rent pursuant to this
Interim Agreement.
5. This Interim Agreement shall be in full force and effect for a period of five
years beginning November 1, 1992.
6. Either party may terminate this Interim Agreement if water meters are
installed which provide accurate measure of the Partnership's residential and
construction uses.
7. The Company many terminate this Interim Agreement when it no longer
utilizes the pressure tanks in the A -Frame garage.
8. This Amendment shall inure to the benefit of and shall be binding upon the
parties' heirs, successors, legal representatives and permitted assigns.
WHEREFORE, the parties have entered into this Agreement in duplicate originals
on the day and year first written above.
LOS AMIGOS RANCH RED CANYON WATER COMPANY
A Colorado General Partnership A Colorado Corporation
by � ��`' by
Thomas E. Neal, Managing Partner Thomas E. Neal, President
Attest:
Greg Boecker, Secretary
• •
AMENDMENT TO LEASE OF WATER RIGHTS
THIS AMENDMENT TO LEASE OF WATER RIGHTS reinatter
"Amendment") is made and entered into this Z day of
September, 1992, by and between LOS AMIGOS RANCH PARTNERSHIP, a
Colorado general partnership (hereinafter "Lessor"), and RED
CANYON WATER COMPANY, a Colorado corporation (hereinafter
"Lessee");
WITNESSETH;
WHEREAS, the parties have heretofore entered 1nto a Lease of
Water Rights dated October 31, 1988; and
WHEREAS, the parties desire to amend said Lease Agreement
and, with such amendment, ratify and affirm the Lease of Water
Rights dated October 31, 1988.
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants contained herein, the parties agree as
follows:
1. Except as expressly modified herein, the parties ratify
and affirm the Lease or Water Rights dated October 31, 1988.
2. Lessee agrees that it will not enter into Water
Delivery Agreements with third parties located outside of Los
Amigos Ranch P.U.D., which would knowingly jeopardize the
Lessee's ability to provide water service, to the extent of
physical capacity, to lot owners within the Los Amigos Ranch
P.1T.D., Garfield County, Colorado.
3. This Amendment shall insure to the benefit of and shall
be binding upon the parties' heirs, successors, legal
representatives, and permitted assigns. Nothing contained in
this Amendment is intended to confer on any third party or entity
any benefits, rights, or remedies.
WHEREFORE, the parties have entered into this Agreement in
duplicate originals on the day and year first written above.
LOS AMIGOS RANCH PARTNERSHIP RED CANYON WATER COMPANY
A Colorado General Partnership A Colorado Corporation
By
Thomas E. Neal, Managing
Partner
By
Attest; _
Greg
yThomas E. Neal President
ecker, Secretary
• •
WALTER E. BROWN III
AITORNEY AT LAW
1 120 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
November 3, 1994
Dave Michealson
County Planning Dept.
Courthouse Building
8th and Colorado
Glenwood Springs, CO 81601
Dear Dave:
(303) 945-2361
FAX: (303) 945-8903
RE: Los Amigos Ranch
This will confirm my call to you regarding the filing of an
amended plat for Los Amigos Ranch Filings 2, 3 & 4. As you know,
the names of the streets were inadvertently omitted and it has been
a concern that house numbers could not be issued until an amended
plat is filed with these street names.
Enclosed is a copy of the minutes of the Los Amigos Ranch
Homeowners Association meeting on October 18, 1994, which was duly
noticed and conducted on the date set. The minutes reflect the
presence of the homeowners who attended and the fact that they and
project owner Tom Neal approved the road names unanimously. These
road names are the same as appear on the amended plat I have
presented to you.
Los Amigos Ranch has over 35 people who would have to be
contacted to obtain signed consents for the mere adding of the
street names to the plat. Tom Neal came here from Chicago for this
recent meeting. Frankly, it is an undue and unnecessary hardship to
have us attempt to get signatures again from every homeowner just
to approve what the street names are. We ask that you present this
to the Board as soon as possible for them to consider a waiver of
having Los Amigos do this and accept these minutes as sufficient
evidence of the approval of the street names which can then be
added to the plat. We have performed all prior Board requests in
full and our record for some 15 years is good with the Board. These
names are not vital and are in fact for County purposes. The names
are hardly controversial and should not be made so by form over
substance rules.
6 i1 te.r E. Brown I I I
MAILING ADDRESS: P.O. Box 2010 • GLENWOOD SPRINGS, CO • 81602
• •
WALTER E. BROWN III
ATTORNEY AT LAW
1 120 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
November 3, 1994
Dave Michealson
County Planning Dept.
Courthouse Building
8th and Colorado
Glenwood Springs, CO 81601
Dear Dave:
(303) 945-2361
FAX: (303) 945-8903
RE: Los Amigos Ranch
This will confirm my call to you regarding the filing of an
amended plat for Los Amigos Ranch Filings 2, 3 & 4. As you know,
the names of the streets were inadvertently omitted and it has been
a concern that house numbers could not be issued until an amended
plat is filed with these street names.
Enclosed is a copy of the minutes of the Los Amigos Ranch
Homeowners Association meeting on October 18, 1994, which was duly
noticed and conducted on the date set. The minutes reflect the
presence of the homeowners who attended and the fact that they and
project owner Tom Neal approved the road names unanimously. These
road names are the same as appear on the amended plat I have
presented to you.
Los Amigos Ranch has over 35 people who would have to be
contacted to obtain signed consents for the mere adding of the
street names to the plat. Tom Neal came here from Chicago for this
recent meeting. Frankly, it is an undue and unnecessary hardship to
have us attempt to get signatures again from every homeowner just
to approve what the street names are. We ask that you present this
to the Board as soon as possible for them to consider a waiver of
having Los Amigos do this and accept these minutes as sufficient
evidence of the approval of the street names which can then be
added to the plat. We have performed all prior Board requests in
full and our record for some 15 years is good with the Board. These
names are not vital and are in fact for County purposes. The names
are hardly controversial and should not be made so by form over
substance rules.
MAILING ADDRESS: PO. Box 2010 • GLENWOOD SPRINGS, CO • 81602
• •
LOS AMIGOS RANCH HOMEOWNER'S ASSOCIATION
2929 County Road 114
Glenwood Springs, CO 81601
(30:3) 945-6399
Contact person - Greg Boecker
October 7, 1994
Dear Property Owner(s):
NOTICE is hereby given that the Annual Meeting of the Los Amigos Ranch
Homeowner's Association will be held on October 18, 1994 at 8:30 AM in the Los
Amigos Ranch office located in the A -Frame garage at 2929 County Road 114,
Glenwood Springs, Colorado.
THE AGENDA of the Annual Meeting is as follows:
1 Read minutes of last meeting.
2. Review financial status of LARHA.
3. Discuss future financial needs.
4. Determine homeowner's dues for 1995.
5. Elect Directors for two year terms.
6. Discuss proposed RMNG/PSC gas pipeline through platted "common area".
7. Discuss chip -sealing of roads and driveways and construction of new
entrance.
8. Discuss designation of road names in filings 2, 3 and 4. Review proposed
Amended Plat with road names.
9. Any other matters properly coming before the Homeowner's Association.
10. Conclude meeting.
Posted by Greg S. Boecker
Secretary, LARHA
M;a,,cl
Oci- ( 0,1q
r',
• •
LOS AMIGOS RANCH HOMEOWNER'S ASSOCIATION
ANNUAL MEETING - OCTOBER 18, 1994
This meeting was held at 8:30 a.m. in the Los Amigos Ranch office, 2929 Country
Road 114, pursuant to the Notice dated October 7, 1994.
Marianne Iwamoto, Edmund and Martha Miller, Jim Frey, Lynn and Jerry
Longbons, Terry Ewbank, Jean Huyser, Michelle McLaughlin, Chris Aronson, Ira Karet
for Pam and Paul Pine, Thomas Neal and Greg Boecker were in attendance.
1. Minutes of the last meeting were read. Upon motion by Tom Neal,
seconded by Martha Miller, they were approved unanimously.
2. The financial status of LARHA was summarized by Greg Boecker, including
past costs, revenues and current balance. Upon motion by Tom Neal, seconded
by Lynn Longbons said summary was unanimously approved.
3. Future financial needs were discussed including snow removal, fire
stations, road repair, re -surfacing roads and possible litigation.
a) Upon motion by Jim Frey, seconded by Jean Huyser it was
unanimously agreed that the Los Amigos Ranch Chevy truck and
personnel would be paid $25/hr for daytime snow plowing and $30/hr for
nighttime work. Common roads and easements would be paid from
LARHA funds. Driveways would be paid by individual homeowners at the
end of the snow season.
b) Upon motion by Terry Ewbank, seconded by Lynn Longbons it was
unanimously agreed that three locked fire stations should be created each
containing 3 100' hoses, nozzle, wrench and air alarm for no more than
$2,000. These are to be placed next to the fire hydrants lying between
Lots 2 & 3, near the K -turn in Filings 3 & 4, and at the lower K -turn in Filing
2. All parties agreed to investigate possible upgrades in the form of lights
and whistles. These facilities are proposed to augment, not replace service
by the Carbondale Rural Fire Department. All homeowners' must be
trained on proper usage of the facilities before utilizing them.
c) Upon motion by Ed Miller, seconded by Tom Neal it was
unanimously agreed that holes in the existing chip -seal should be patched
before winter if possible and if it does not hinder future re -surfacing. Greg
Boecker agreed to contact the responsible contractor regarding repair of
existing utility cuts in the road.
• •
4. Upon motion by Lynn L.ongbons, seconded by Ira Karet for Paul and Pam
Pine, it was unanimously agreed that the homeowner's dues for 1995 would be
$150.00. Terry Ewbank opposed the motion.
Upon motion by Martha Miller, seconded by Michelle McLaughlin it was
unanimously agreed that the homeowner's dues would be paid by a single
payment due January 15, 1995. 1
5. Thomas Neal, Barbara Neal, Greg Boecker and Pam Pine were nominated
as Directors for two-year term. Ira Karet for Paul and Pam Pine requested that the
elections be by secret ballot. Upon motion by Terry Ewbank, seconded by Jim
Frey, it was agreed that the elections would be by voice vote. Ira Karet opposed
this motion.
Thomas Neal was elected as Director. Ira Karet for Paul and Pam
Pine opposed the election.
Barbara Neal was elected as Director. Ira Karet for Paul and Pam
Pine opposed the election.
Greg Boecker was unanimously elected as Director.
Pam Pine's election was opposed by all but Ira Karet who voted for
Pam Pine on behalf of Paul and Pam Pine.
6. The proposed RMNG/PSC gas pipeline through Los Amigos Ranch and
LARHA common areas were discussed. Greg Boecker's negotiations with
RMNG/PSC to date were reviewed. Greg Boecker proposed that all trees
destroyed in the common area should be compensated at the rate of at least
$20/1inear foot of height. Ed Miller suggested that the existing debris along the
existing easement be removed. Greg Boecker alternatively suggested that
RMNG/PSC be made to scatter all existing piles of rock and trees along the
southern edge of the existing easement since the machinery will be on the
southern side of said easement.
Upon motion by Chris Aronson, seconded by Martha Miller it was
unanimously agreed that the Board of Directors should be authorized to continue
negotiations with RMNG/PSC and to sign an easement agreement if acceptable
terms can be reached.
7. Proposed road names of "Pinion Point" for the road leading to the lower K -
turn in Filing 2 and "Cedar Cove" for the road in Filing 3 & 4 were discussed.
Upon motion Martha Miller, seconded by Michelle McLaughlin, the proposed road
names were unanimously approved.
No other matters coming before the Homeowner's Association, the meeting was
adjourned.
GreS Boecker
Sec ary, LARHA
• •
WALTER E. BROWN III
ATTORNEY AT LAW
1 120 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
November 3, 1994
Dave Michealson
County Planning Dept.
Courthouse Building
8th and Colorado
Glenwood Springs, CO 81601
Dear Dave:
(303) 945-2361
FAX: (303) 945-8903
RE: Los Amigos Ranch
This will confirm my call to you regarding the filing of an
amended plat for Los Amigos Ranch Filings 2, 3 & 4. As you know,
the names of the streets were inadvertently omitted and it has been
a concern that house numbers could not be issued until an amended
plat is filed with these street names.
Enclosed is a copy of the minutes of the Los Amigos Ranch
Homeowners Association meeting on October 18, 1994, which was duly
noticed and conducted on the date set. The minutes reflect the
presence of the homeowners who attended and the fact that they and
project owner Tom Neal approved the road names unanimously. These
road names are the same as appear on the amended plat I have
presented to you.
Los Amigos Ranch has over 35 people who would have to be
contacted to obtain signed consents for the mere adding of the
street names to the plat. Tom Neal came here from Chicago for this
recent meeting. Frankly, it is an undue and unnecessary hardship to
have us attempt to get signatures again from every homeowner just
to approve what the street names are. We ask that you present this
to the Board as soon as possible for them to consider a waiver of
having Los Amigos do this and accept these minutes as sufficient
evidence of the approval of the street names which can then be
added to the plat. We have performed all prior Board requests in
full and our record for some 15 years is good with the Board. These
names are not vital and are in fact for County purposes. The names
are hardly controversial and should not be made so by form over
substance rules.
liter E. Brown III
MAILING ADDRESS: P.O. Box 2010 • GLENWOOD SPRINGS, CO • 81602
i •
LOS AMIGOS RANCH HOMEOWNER'S ASSOCIATION
2929 County Road 114
Glenwood Springs, CO 81601
(303) 945-6399
Contact person - Greg Boecker
October 7, 1994
Dear Property Owner(s):
NOTICE is hereby given that the Annual Meeting of the Los Amigos Ranch
Homeowner's Association will be held on October 18, 1994 at 8:30 AM in the Los
Amigos Ranch office located in the A -Frame garage at 2929 County Road 114,
Glenwood Springs, Colorado.
THE AGENDA of the Annual Meeting is as follows:
1. Read minutes of last meeting.
2. Review financial status of LARHA.
3. Discuss future financial needs.
4. Determine homeowner's dues for 1995.
5. Elect Directors for two year terms.
6. Discuss proposed RMNGJPSC gas pipeline through platted "common area".
7. Discuss chip -sealing of roads and driveways and construction of new
entrance.
8. Discuss designation of road names in filings 2, 3 and 4. Review proposed
Amended Plat with road names.
9. Any other matters properly coming before the Homeowner's Association.
10. Conclude meeting.
Posted by Greg S. Boecker
Secretary, LARHA
t c ,,1(c.A
cA (
• •
LOS AMIGOS RANCH HOMEOWNER'S ASSOCIATION
ANNUAL MEETING - OCTOBER 18, 1994
This meeting was held at 8:30 a.m. in the Los Amigos Ranch office, 2929 Country
Road 114, pursuant to the Notice dated October 7, 1994.
Marianne Iwamoto, Edmund and Martha Miller, Jim Frey, Lynn and Jerry
Longbons, Terry Ewbank, Jean Huyser, Michelle McLaughlin, Chris Aronson, Ira Karet
for Pam and Paul Pine, Thomas Neal and Greg Boecker were in attendance.
1. Minutes of the last meeting were read. Upon motion by Tom Neal,
seconded by Martha Miller, they were approved unanimously.
2. The financial status of LARHA was summarized by Greg Boecker, including
past costs, revenues and current balance. Upon motion by Tom Neal, seconded
by Lynn Longbons said summary was unanimously approved.
3. Future financial needs were discussed including snow removal, fire
stations, road repair, re -surfacing roads and possible litigation.
a) Upon motion by Jim Frey, seconded by Jean Huyser it was
unanimously agreed that the Los Amigos Ranch Chevy truck and
personnel would be paid $25/hr for daytime snow plowing and $30/hr for
nighttime work. Common roads and easements would be paid from
LARHA funds. Driveways would be paid by individual homeowners at the
end of the snow season.
b) Upon motion by Terry Ewbank, seconded by Lynn Longbons it was
unanimously agreed that three locked fire stations should be created each
containing 3 100' hoses, nozzle, wrench and air alarm for no more than
$2,000. These are to be placed next to the fire hydrants lying between
Lots 2 & 3, near the K -turn in Filings 3 & 4, and at the lower K -turn in Filing
2. All parties agreed to investigate possible upgrades in the form of lights
and whistles. These facilities are proposed to augment, not replace service
by the Carbondale Rural Fire Department. All homeowners' must be
trained on proper usage of the facilities before utilizing them.
c) Upon motion by Ed Miller, seconded by Tom Neal it was
unanimously agreed that holes in the existing chip -seal should be patched
before winter if possible and if it does not hinder future re -surfacing. Greg
Boecker agreed to contact the responsible contractor regarding repair of
existing utility cuts in the road.
• •
4. Upon motion by Lynn Longbons, seconded by Ira Karet for Paul and Pam
Pine, it was unanimously agreed that the homeowner's dues for 1995 would be
$150.00. Terry Ewbank opposed the motion.
Upon motion by Martha Miller, seconded by Michelle McLaughlin it was
unanimously agreed that the homeowner's dues would be paid by a single
payment due January 15, 1995.
5. Thomas Neal, Barbara Neal, Greg Boecker and Pam Pine were nominated
as Directors for two-year term. Ira Karet for Paul and Pam Pine requested that the
elections be by secret ballot. Upon motion by Terry Ewbank, seconded by Jim
Frey, it was agreed that the elections would be by voice vote. Ira Karet opposed
this motion.
Thomas Neal was elected as Director. Ira Karet for Paul and Pam
Pine opposed the election.
Barbara Neal was elected as Director. Ira Karet for Paul and Pam
Pine opposed the election.
Greg Boecker was unanimously elected as Director.
Pam Pine's election was opposed by all but Ira Karet who voted for
Pam Pine on behalf of Paul and Pam Pine.
6. The proposed RMNG/PSC gas pipeline through Los Amigos Ranch and
LARHA common areas were discussed. Greg Boecker's negotiations with
RMNG/PSC to date were reviewed. Greg Boecker proposed that all trees
destroyed in the common area should be compensated at the rate of at least
$20/1inear foot of height. Ed Miller suggested that the existing debris along the
existing easement be removed. Greg Boecker alternatively suggested that
RMNG/PSC be made to scatter all existing piles of rock and trees along the
southern edge of the existing easement since the machinery will be on the
southern side of said easement.
Upon motion by Chris Aronson, seconded by Martha Miller it was
unanimously agreed that the Board of Directors should be authorized to continue
negotiations with RMNG/PSC and to sign an easement agreement if acceptable
terms can be reached.
7. Proposed road names of "Pinion Point" for the road leading to the lower K -
turn in Filing 2 and "Cedar Cove" for the road in Filing 3 & 4 were discussed.
Upon motion Martha Miller, seconded by Michelle McLaughlin, the proposed road
names were unanimously approved.
No other matters coming before the Homeowner's Association, the meeting was
adjourned.
Gre S Boecker
Sec ary, LARHA