HomeMy WebLinkAbout1.0 Application(970) 945-1004
FAX (970) 945-5948
SGm
SCHMUESER
GORDON MEYER
ENGINEERS
SURVEYORS
118 West 6th, Suite 200
w Ol�nYvood: gs, CO 81601
April 30, 1996
Mr. Mark Bean, Planning Director
Garfield County
109 Eighth St, Ste 303
Glenwood Springs CO 81601
RE: County Road 11 Road Impact Fees
Dear Mark:
Subsequent to our meeting to discuss County Road 114, I have proceeded to prepare this
letter report on possible road impact fees.
In preparation of this report, I have discussed briefly with Mr. Dennis Stranger his anticipated
methodology for analyzing the Four Mile Road corridor, received from your office an estimated
dwelling unit count based on the Comprehensive Plan, reviewed the HNTB Four Mile Corridor
Draft Report and performed a site survey in the field.
Existing Roadway Conditions
For purposes of this report, I have assumed the study section to be from the intersection of
the highway frontage road adjacent to Highway 82 to the entrance point of the Pinyon Pines
housing area just beyond the CMC entrance. I further divided that study reach into three
sections as noted below, these study sections having common existing physical conditions.
A. Segment 1 -- Frontage Road to Switchback Curve
1. Total distance -- 1.85 miles or 9,800 feet
2. Platform width generally 24 feet of asphalt with four -foot shoulders.
3. Appears to have two-inch asphalt mat pavement with new 3/4 -inch chip
seal above County Road 110.
4. Some rutting noted; reconstruction of areas required at five different
locations.
5. No guard rail present.
B. Switchback Curve to Los Amigos Drive -- 0.55 Miles or 2,900 Feet
1. Platform varies between 20 feet to 22 feet with minimal shoulders.
April 30, 1996
Mr. Mark Bean
Page 2
2. Asphalt surface appears to be several layers of chip seal, including a
new 3/4 inch chip seal surfacing.
3. New chip seal has covered any visual pavement failures.
C. Los Amigos Drive to Pinyon Pines -- 0.80 Miles or 4,200 Feet
1. Platform width generally 21 to 22 feet with two -foot to four -foot
shoulders.
2. Pavement surface appears to be several layers of chip seal, including a
new 3/4 -inch chip seal.
3. Pavement distress noted in several areas.
Service Requirements
Your office has identified that the mean number of dwelling units for the Spring Valley area
will be approximately 1,916 du (dwelling units). Additionally, there will be traffic impacts from
CMC, not included in the above number. An estimate of the traffic generation from CMC is
as follows:
Future Campus Population -- 770 students plus support staff
Dormitory Population -- 250 beds
Commuter Population -- 520
Traffic Generation
250 Campus Residents at 1.5 vpd/du = 375 vpd
520 Commuters at 2.5 vpd/du = 1,300 vpd
Total Traffic Generation Projection -- 1 ,675 vpd
The equivalent dwelling unit for this traffic generation is estimated to be 239 du based on a
conversion of 7 vpd/du, consistent with the current Garfield County Roadway Design
Regulations.
The total dwelling unit count for the Spring Valley planning area would therefore be 2,155 du.
Proposed Road Improvements
As a basis for proposed improvements to the roadway, I reviewed the "Four Mile Road and
Glenwood Springs Alternative Route Connection", April 2, 1996 draft by HNTB Corporation
and had a discussion with Mr. Dennis Stranger concerning how he will utilize that report for
SCHMUESER GORDON MEYER, INC
April 30, 1996
Mr. Mark Bean
Page 3
his work on determining the impact fees for Four Mile Road. The draft report contained limited
technical information for comparison purposes but my understanding of the report indicates
that the proposed improvements to Four Mile Road would consist of 1 1 -foot driving lanes with
two -foot shoulders at the top sections of the roadway increasing to two 1 1 -foot lanes with
six-foot shoulders near the bottom of the roadway corridor. Structural sections in each case
appears to be three inches of asphalt on a six-inch base course foundation. Projected traffic
counts for the Four Mile corridor appeared to be in the same range as those that would be
generated by the dwelling unit count for the Spring Valley area. Therefore, the draft report
was used as a guide for further analysis of County Road 114.
A. Segment 1 -- Frontage Road to Switchback Curve
1. Use existing platform width of two 1 2 -foot driving lanes with four -foot
shoulders.
2. Repair areas of structural failure.
3. Provide two-inch overlay with leveling course; finished structural section
would be four to four -and -one-half inches of asphalt.
4. Add guardrail on critical sections for safety improvements.
B. Switchback Curve to Los Amigos Drive
1. Widen existing platform to create two 11 -foot lanes with two- to three-
foot shoulders.
2. Provide additional two-inch overlay with leveling course resulting in a
finished pavement section of three inches to four inches of asphalt.
3. Provide guardrail for safety improvements.
C. Los Amigos Drive to Pinyon Pines
1. Maintain existing platform width; construct consistent asphalt width of
two 11 -foot lanes and maintaining shoulder widths of two feet to four
feet.
2. Provide two-inch overlay with leveling course resulting in a total
pavement section of three inches to four inches.
3. No guardrail or safety improvements required.
SCHMUESER GORDON MEYER, INC
April 30, 1996
Mr. Mark Bean
Page 4
Probable Costs
Probable costs have been estimated using estimated 1996 construction values for Garfield
County.
1. Segment 1 -- $275,000
2. Segment 2 -- $113,000
3. Segment 3 -- $40.000
Total Probable Cost: $428,000
Impact Fee
Projected road impact fees would be approximately $180 per dwelling unit for improvements
thru Los Amigos Drive. If the Los Amigos Ranch property were required to participate for
improvements thru Pinyon Pines, the road impact fee would be approximately $200 per
dwelling unit.
Please call me if I can provide any additional information or respond to any questions
concerning the above.
Respectfully submitted,
SCHMUESER GORDON MEYER, INC.
Dean
President
cc: Mr. Greg Boecker, Los Amigos Ranch
Larry Green, Esq.
DWG:st/01502C05.1
SCHMUESER GORDON MEYER, INC
t
MEMORANDUM
TO: Dean Gordon, SGM
FROM: Mark Bean, Garfield Countylk
DATE: April 24, 1996
RE: CR 114 estimated buildout for traffic impacts
Based on the County's Comprehensive Plan for Study Area I, Proposed Land Use
Districts maps, as they apply to the Spring Valley area identified in the enclosed
graphic, the following residential densities were calculated. There are three scenarios,
based on the minimum, maximum and mean buildouts. These scenarios are based on
the recommended density ranges. I would suggest that we use the mean numbers as a
basis for coming up with a proposed impact fee. The following numbers are proposed:
Area Min. Mean Max.
Low Density 1002 ac. 28 du 44 du 100 du
(10+ac/du)
Med. Density
(6-9 ac./du)
High Density
(2 or less ac./du)
9259 ac.
7 ac.
1028 du 1234 du 1543 du
3du 5du 14du
Total 11298 ac. 1059 du 1283 du 1657 du
Plus PUD's 633 du 633 du 633 du
(LARP, Lake Spgs.)
1692 du 1916 du 2290 du
As noted in our conversation, there are no CMC numbers.
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LEAVENWORTH & TESTER, P.C.
ATTORNEYS AT LAW
LOYAL E. LEAVENWORTH
CYNTHIA C. TESTER
DAVID E. LEAVENWORTH, JR.
JOSLYN V. WOOD*
GREGORY J. HALL
*Admitted in Hawaii and Texas only
April 2, 1998
Don DeFord, Esq.
Garfield County Attorney
109 Eighth Street, Suite 300
Glenwood Springs, CO 81601
Re: Los Amigos Ranch
Dear Don:
1011 GRAND AVENUE
P.O. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: (970) 945-2261
FAX: (970) 945-7336
I am writing to advise you that the transfer of the water rights and water facilities
previously owned by the Los Amigos Ranch Partnership and Red Canyon Water Company have
been transferred to the Los Amigos Ranch Homeowners Association. Copies of the transfer
documents are enclosed.
In addition, the Basalt Water Conservancy District Water Allotment Contract for Ruedi
Reservoir water was transferred to the Association as well.
If you have any questions, please feel free to contact me.
Very truly yours,
LEAVENWORTH & TESTER, P.C.
LEL:eg
Enclosures
cc: Larry Green
Greg Boecker
F: \DEFORD. 3 LT
1
BILL OF SALE
County of Garfield State of Colorado
THIS BILL OF SALE is made this 31st day of December, 1997, by RED CANYON
WATER COMPANY, a Colorado corporation, whose address is 1011 Grand Avenue, Glenwood
Springs, Colorado 81601, (hereinafter "Company") to LOS AMIGOS RANCH HOMEOWNERS
ASSOCIATION, a Colorado non-profit corporation, whose address is P. O. Box 3082,
Glenwood Springs, Colorado 81602, (hereinafter "Association").
Company, for and in consideration of the sum of Ten Dollars and other good and
valuable consideration ($10.00), the receipt and sufficiency of which are hereby acknowledged,
has bargained and sold and by these presents does bargain, sell, grant, assign, transfer, set over,
deliver, and convey unto the Association, its successors, and assigns certain Water Facilities as
more particularly described on Exhibit A attached hereto and incorporated herein by this
reference.
TO HAVE AND TO HOLD the Water Facilities to the Association and its successors
and assigns in fee simple.
And the Company covenants that it is seized of said property in fee and has the right to
convey the same in fee simple, that the same is free and clear of all encumbrances whatsoever,
and that it will warrant and defend the title thereto against the lawful claims of all persons
whomsoever.
FURTHER, the Company hereby covenants and agrees to sign, execute, and deliver, or
cause to be signed, executed, and delivered, and to do or make, or cause to be done or made,
upon reasonable request of the Association, any and all agreements, contracts, instruments,
papers, deeds, acts, records, lists, or things, supplemental, confirmatory, or otherwise, as may
be reasonably required by the Association for the purpose of or in connection with acquiring or
more effectually vesting in the Association or evidencing the vesting in the Association of all of
the right, title, and interest of the Company in and to the Water Facilities.
THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, WHETHER
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE.
THE ASSOCIATION HAS MADE AND RELIED UPON ITS OWN INSPECTION OF THE
WATER FACILITIES AND ACCEPTS IT IN "AS IS" CONDITION.
This Bill of Sale is executed pursuant to the terms and conditions of the Water Rights and
Water Facilities Transfer Agreement dated August 11, 1997, by and between the Los Amigos
Ranch Partnership, the Red Canyon Water Company and the Los Amigos Ranch Homeowners
Association.
F: \RC WC.3 B1
December 24, 1997
IN TESTIMONY WHEREOF, the Company has caused this Bill of Sale to be executed
on its behalf the day and year first above written.
By
STATE OF .17l/a15 )
ss.
COUNTY OF )
RED CANYON WATER COMPANY
/
President
Acknowledged, subscribed, and sworn to before me this -31 day of „1.4(18rieir_ ,
1991_, by Thomas E. Neal, as President of Red Canyon Water Company.
WITNESS my hand and official seal.
My Commission expires: if//6 A7f'�
OFFICIAL SEAL
ELIZABETH A HEFFERNAN
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES:O8/15;98
F:ARCWC.3BI
December 24, 1997
-2-
otary Public
l
Exhibit A
RED CANYON WATER COMPANY
Water Facilities Inventory - December 31, 1997
Item 1. Well #5 - 7 hp/3 phase pump
2. Well #6 - 40 hp/3 phase pump
3. Pumphouse - gas chlorination system
- electrical controls
- pressure regulated pump controls
4. Water Tank - 320,000 gallon capacity
5. Two Pressure Reduction Stations, each consisting of:
- one high volume 6" PRV
- one low flow 2" PRV
6. 3/4" Static Water Line from Water Tank to Pumphouse (-4300 FT)
7. 24" Chlorine Contact Line behind Pumphouse (-400ft)
8. 10" Transmission Lines (-1800 ft)
9. 8" Transmission Lines (-7725 ft)
10. 6" Transmissions Lines (-8800 ft)
11. 22 Fire Hydrants
12. 3 Frost -Free Yard Hydrants
13. Curb Stops on Service Lines
14. 1" Service Lines to Single Family Curb Stops
15. Service Lines to Multi -Family Curb Stops
16. Pressure Gauges in Pumphouse and Pressure Reduction Stations
17. Various 10", 8", and 6" valves
ASSIGNMENT
THIS ASSIGNMENT made this 31st day of December, 1997, between RED CANYON
WATER COMPANY, a Colorado corporation, whose address is 1011 Grand Avenue, Glenwood
Springs, Colorado 81601, (hereinafter "Assignor"), and LOS AMIGOS RANCH
HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation, whose address is P. O.
Box 3082, Glenwood Springs, Colordo 81601, (hereinafter "Assignee");
WITNESSETH:
The Assignor, for and in consideration of Ten Dollars and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, has remised,
released, sold, conveyed and ASSIGNED, and by these presents does remise, release, sell,
convey and ASSIGN unto the Assignee, its successors and assigns, forever, all the right, title
and interest in and to the following:
The Single -Family Water Delivery Agreements as set forth in Exhibit D, the Los Amigos
Ranch Partnership Water Delivery Agreement, dated August 10, 1997, as set forth in
Exhibit E, and the Auburn Ridge Apartments Water Delivery Agreement, dated October
28, 1988, as set forth in Exhibit F (which agreement was assigned to William F. and
Pamela A. Gibson by Assignment of Water Delivery Agreement, dated February 1,
1996, as set forth in Exhibit H), which Exhibits are attached to the Water Rights and
Water Facilities Transfer Agreement dated August 11, 1997, by and between the Los
Amigos Ranch Partnership, the Red Canyon Water Company and the Los Amigos Ranch
Homeowners Association.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever, of the Assignor, either in law or equity, to the only proper
use, benefit and behoof of the Assignee, its successors and assigns forever.
This Assignment is executed pursuant to the terms and conditions of the Water Rights
and Water Facilities Transfer Agreement dated August 11, 1997, by and between the Los
Amigos Ranch Partnership, the Red Canyon Water Company and the Los Amigos Ranch
Homeowners Association.
IN WITNESS WHEREOF, the Assignor has executed this assignment on the date set
forth above.
By
F:\RCWC.3AS
December 24, 1997
RED CANYON WATER COMPANY
President
STATE OF / <�)
) ss.
COUNTY OF
Acknowledged, subscribed, and sworn to before me this - ( day of
1997, by Thomas E. Neal, as President of the Red Canyon Water Company.
WITNESS my hand and official seal.
V/.6,/4,(
My Commission expires:
F:\RCWC.3AS
December 24, 1997
/WK.AA
OFFICIAL SEAL
ELIZABETH A HEFFERNAN
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES:O8/15;98
-2-
/-/
6tary P}xblic
iI IIMI 111111 DIH 11 III 1111I 1111 I 1111 111111 111111 111 11111 11111 III 111 II 11
• 521618 03/11/1998 03 03P B1057 P275 M ALSDORF
1 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO
QUIT CLAIM DEED
THIS QUIT CLAIM DEED made this 31st day of December, 1997, between the LOS
AMIGOS RANCH PARTNERSHIP, whose address is 2929 County Road 114, Glenwood
Springs, Colorado 81601 (hereinafter "Grantor"), and the LOS AMIGOS RANCH
HOMEOWNERS ASSOCIATION, whose address is P. O. Box 3082, Glenwood Springs,
Colorado 81602 (hereinafter "Grantee");
WITNESSETH:
That the Grantor, for and in consideration of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise,
release, sell, convey and QUIT CLAIM unto the Grantee, its successors and assigns, forever,
all the right, title, interest, claim and demand which the Grantor has in and to the water rights,
together with improvements, if any, situate, lying and being in the County of Garfield, described
as follows:
See Exhibit A attached hereto and incorporated herein by this reference.
TO HAVE AND TO HOLD the same, together with all and singular appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper
use, benefit and behoof of the Grantee, its successors and assigns forever.
This Quit Claim Deed is executed pursuant to the terms and conditions of the Water
Rights and Water Facilities Transfer Agreement dated August 11, 1997, by and between the Los
Amigos Ranch Partnership, the Red Canyon Water Company and the Los Amigos Ranch
Homeowners Association.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth
above.
F:\LARP.3QD
December 24, 1997
LOS AMIGOS RANCH PARTNERSHIP
By
President
Please return to: Leavenworth & Tester,P
P.O. Drawer 2030, Glenwood Springs, Co
81602
r _ 1111111111111111111111111111111111111111111111111111111
521618 03/11/1998 03.03P B1057 P276 M ALSDORF
2 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO
STATE OF -76/C /..l )
) ss.
COUNTY OF ', )
Acknowledged, subscribed, and sworn to before me this day of
1997, by Thomas E. Neal, as President of Los Amigos Ranch Partnership.
WITNESS my hand and official seal.
My Commission expires:
lzi.,OFF C AL SEAL
ELIZABETH A HEFFERNAN
NOTARY PUBLIC, SrATE OF ILLINOIS
MY COMMISSION EXPIRES.08l15l98
F:\LARP.3QD
December 24, 1997
-2-
otary;Public
11111 IiI ILII 11111 I iinIII 11111111 11
521618 03/11/1998 03:03P B1057 P277 M ALSDORF
3 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT A
WATER RIGHTS
A. Rancho Los Amigos Well No. 6. The Rancho Los Amigos Well No. 6 (Permit
No. 40906-F) was decreed on August 2, 1994, in Case No. W-3873 (Water Division No. 5) for
300 g.p.m., or 0.66 c.f.s., conditional, for all municipal uses with an appropriation date of July
27, 1978. This well was made absolute in Case No. 94CW36 by decree dated September 9,
1994. In addition, in Case No. W-3893, Rancho Los Amigos Well No. 6 was made an alternate
point of diversion for Los Amigos Well No. 5 (see below).
B. Los Amigos Ranch Well No. 5. The Los Amigos Ranch Well No. 5 (Well Permit
No. 18147) was decreed in Case No. W-2156 (Water Division No. 5), the Water Court, by
decree dated July 23, 1974, awarded 0.66 c.f.s. (300 g.p.m.), absolute, for municipal,
commercial, domestic, and industrial purposes with an appropriation date of August 22, 1963.
C. Basalt Water Conservancy District Plan for Augmentation (Case No. 87CW155).
In Case No. 87CW155, the Basalt Water Conservancy District filed a plan for augmentation for
its various contractees that existed at that time, including for the Los Amigos Ranch PUD. The
decree transferred a total of 1.32 c.f.s. associated with the Basalt District's Basalt Conduit water
right (adjudicated in Civil Action No. 4613 by decree dated June 20, 1958) to various wells,
including Los Amigos Well 6, and augments out -of -priority diversions with water to be released
from Ruedi Reservoir, including for the Los Amigos Ranch PUD pursuant to the water allotment
contract set forth in Paragraph D, below.
D. Basalt Water Conservancy Water Allotment Contract. 75 acre-feet per year of
water associated with Basalt Water Conservancy District Water Allotment Contract No.
3.3.5.34., dated October 12, 1992, as amended November 13, 1995.
F: \LARP.3 QD
December 24, 1997
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SiAIC Vr L.vLvrvluv
OFFICE OF THE STATE ENGINEER
818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 802113
(3433) 866-3581
Fa( CHice Use only
PRIOR TO COMPLETING FORM, SEE INSi HUCT1ONS ON REVERSE SIDE
CHANGE IN OWNERSHIP/ADDRESS / LOCATION
WELL PERMIT, LIVESTOCK TANK OR EROSION CONTROL DAM
1.
NEW OWNER Los Amigos Ranch Homeowners Association
NAME(S)-c/o Leavenworth & Associates, P.C.
Mailing Address P. 0. Drawer 2030
City, SI. Zip Glenwood Springs, CO 81602
Phone ( ) 970-945-2261
2.
THIS CHANGE IS FOR ONE OF THE FOLLOWING:
ri
WELL PERMIT NUMBER 18147
UVESTOCK WATER TANK NUMBER
EROSION CONTROL DAM NUMBER
3.
Ranchos Los Amigos
WELL LOCATION: COUNTY Garfield OWNER'S WELL DESIGNATION Well No. 5
(Address)
NE 1/4 of the NE 1/4, Sec 5 Twp, 7
Distances from Section Lines Ft. from
l
I
I N.
1 N.
o<
or
S.
(City)
S., Range 88
Line,
Ft.
E. o
from
(State)
W.
E. of
6th
(LP)
P.M.
W. Line.
Subdivision Lot Block Filing (Unit)
4.
LIVESTOCK TANK OR EROSION CONTROL DAM LOCATION: COUNTY
1/4, Sec. Twp
N. Of
S., Range Li E. or
W. P.M.
5.
The
The
axx
above listed owner(s) say(s) that he (they) own the structure described herein.
existing record Is being amended for the following reason(s):
Change in name of owner. 17 Change in mailing address. fl Correction of location.
6.
I (we) have read the statements made herein, know the contents thereof, and state that they are true
to my (our) knowledge.
(Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury In
the second degree and is punishable as a class 1 misdemeanor.)
Name/Title (Please type or print) •
`Phomas E. Neal, President of
Los Amigos Ranch Homeowners Association
Signature
f
Date
December 31, 1
FOR OFFICE USE ONLY
Stale Engineer By Date
Court Case No. Div. . Co. WD Basin MO Use
•
Form C Rev.
9-d2./10M
,Applicant
APPLICATIO. FOR:
Sti(-7.4»t �4//7.z,c
Vr LLJ LJ Z. n...-,
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A. A PERMIT TO USE C" 'UND WATE
A PERMIT TO CONST.,JCT A
County '
P.C. Address �� r-� S ryh7c
Quantity applied for ,.. pd) gp or
36 , - AF Storage
�o�'YfPSt <u
Used for
on/at
Purposes
S/
(legal description of land site)
Total acreage irrigated and other rts.
ESTIMATED DATA OF WELL
Hole size: dn..to 240 ft.
in. to ft.
Casing Plain57,_in. from d to Zoo ft.
in. • from to ft.
Open or Perf.s'f, in. froml-oo to 2. Q ft.
in. from to
PUMP
DATA: Type U,, �,.
Use initiation date /
HP
ft.
Outlet
Size
di
19
(Use Supplemental page f
adtions
I data)
THIS APPLICATION APPROVED
PERMIT NO. 18147
ISSUED:
DATE NOV 2 9 1963 19
NOTE — SATISFACTORY
0
� 3
o
0
cn
— 0
m
Ca • 0
ca• cst
• cd
00
ar• c
C]3
R NOV 2 9'G63
WELL CROUIJC WATER SECT
LOCATIO OF WELL ''''LO ACU
Jr/ UNE ENG1I EER
/1/4 ofit4 of Sect. g T'A'P
Rge. %�cr� to P. M. OR
Street Address or Lot & Block No.
Town .•or Subdivision
N
S
$25.00 fee required for uses other
than Domestic or Livestock.
Locate
well in.
40 acre
(small)
square
as near
as possible.
Large square
is one section.
Agent or
Driller 54e7.6 ��� �oNo.
Address (4S./Z*9c.4 Cn
COMPLETION REQUIRED FOR APPROVAL OF A- PPLICATION
ASSIGNMENT OF ALLOTMENT CONTRACT NO. 34
BASALT WATER CONSERVANCY DISTRICT
LOS AMIGOS RANCH PARTNERSHIP
FOR VALUE RECEIVED, Los Amigos Ranch Partnership ("Assignor"), hereby sells,
assigns, transfers, and sets over to the Los Amigos Ranch Homeowners Association, Inc.
("Assignee") all of Assignor's right, title, and interest in and to that certain Water Allotment
Contract with the Basalt Water Conservancy District dated October 12, 1992, and amended
November 13, 1995, which Contract allots 75 acre feet of water per year for use on that real
property described on Exhibit "A" attached hereto and incorporated herein by this reference.
This Assignment is conditioned upon the consent thereto by the Basalt Water
Conservancy District as hereinbelow provided. Assignee hereby assumes and agrees to pay and
perform all of the obligations of the Allottee under said Contract.
This Assignment shall be effective upon Assignor's conveyance of the above described
property to Assignee.
-
Dated this 3/s-tday of D e c e vn b e r , 1997.
Assignor: Los Amigos Ranch Partnership
By: General Partner
By:
Assignee's Mailing Address:
P.O. Box 3082
Glenwood Springs, CO 81602
Telephone No. (970) 945-2261
Il:,OX\BWCUW.s.M IGG,UDfl til
Assignee: Los Amigos Ranch Homeowners
Association, Inc.
President
EXHIBIT "A"
TO
BASALT WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT
(Pursuant to C.R.S. 1973, 37-45-131)
LOS AMIGOS RANCH PARTNERSHIP
Township 6 South, Range 88 West of the 6th P.M.
Section 31: SE' and Lot 2
Section 32: SL SW! , Lot 7 and SE1tSE1/4
Section 33: Lots 18 and 19
Township 7 South, Range 88 West of the 6th P.M.
5: Lots 3, 4, 5, 6, 7, 11 and the Easterly one-half of Lot 10, NE'4SW14,
NW1tSE, SE' -NW' and NEz
Section 6: Lots 2, 3, 4, 5, 6, 7, SEINE' and NW4SE14
Township 6 South, Range 89 West of the 6th P.M.
Section 35: Lots 1, 2, 10 and 16
Section 36: SEti, N!iSWti, NEI, NWS and Lots 1 and 2
EXCEPTING from the above described property the parcels of land as follows:
1. William E. Foster and Bruce Dixson by Deed recorded in Book 374 at Page 480;
2. Colorado Mountain Junior College District by Deeds recorded in Book 381 at
Page 537 and Book 399 at Page 265;
3. Board of County Commissioners of Garfield County, Colorado, by Deed recorded
in Book 409 at Page 220;
4. All that portion of Lot 2, Section 6, Township 7 South, Range 88 West of the
6th P.M. lying Southwesterly of the Southeasterly right of way line of a
County Road known as the "College Road".
Parcel 1
That part of Township 7 South, Range 88 West of the 6th P.M., being all of Lot 9 and
the Westerly one-half of Lot 10 of Section 5, all of Lot 5 of Section 8 and that part
of Lot 4 of Section 8, lying Westerly of the Westerly right of way line of a County
Road as constructed and in place, the Westerly right of way line of said being de-
scribed as follows:
Beginning at a point on the Southerly line of said Lot 4, said point being on the
,_stcr.ty right of way line of said County Road, whence the NE corner of said Section 8
beats: N.60`03'34" E. 1933.73 feet; thence N. 03°12'18" E. 242.69 feet along the
Westerly right of way line of said County Road; thence N. 14°58'08" E. 144.01 feet
along the Westerly right of way line of said County Road; thence N. 52°07' E. 691.57
feet along the Westerly right of way line of said County Road to a point on the
Northerly line of said Lot 4, EXCEPT the Westerly 1024 feet of said Lot 5, Section 8
and said Lot 9, Section 5.
Parcel 2
Lot 8 of Section 5, Locs 8 and 9 of Section 6, Lots 10 and 11 of Section 7 and Lot 6
of Section 8, Township 7 South, Range 88 West of the 6th P.M.
EXCEPT all that part thereof heretofore conveyed by Deeds recorded as Document No.
249250 in Book 418 at Page 1 and Docuwent No. 248001 in Book 409 at Page 220.
COUNTY OF GARFIELD
STATE OF COLORADO
and
The Westerly 1024 feet at Lot 5, Section 8, and Lot 9, Section 5, Township 7 South,
Range 88 West of the 60h P.M., also known as the Los Amigos Ranch PUD.
CONSENT TO ASSIGNMENT
The Basalt Water Conservancy District hereby consents to the foregoing Assignment
subject to the terms of and conditions of said Contract and the District's receipt of all charges
related thereto.
Dated this -1 y day of , 1997.
By:
BASALT W • .r ' CONSERVANCY DISTRICT
LEAVENWORTH & ASSOCIATES, P.C.
ATTORNEYS AT LAW
LOYAL E. LEAVENWORTH
CAROLYN M. STRAUTMAN
CYNTHIA C. TESTER
SHANE J. HARVEY
DONALD H. HAMBURG
Of Counsel
August 12, 1996
Don DeFord, Esq.
Garfield County Attorney
109 Eighth Street, Suite 300
Glenwood Springs, CO 81601
1011 GRAND AVENUE
P.O. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: (970) 945-2261
FAX: (970) 945-7336
HAND DELIVERED
Re: Los Amigos Ranch; Preliminary Plat Submittal for Filings 2A and 5
Dear Don:
At the request of the Los Amigos Ranch Partnership and the Red Canyon Water
Company, I have prepared the enclosed agreement for the County's consideration and review
in connection with the preliminary plat submittal for Filing Nos. 2A and 5 of the Los Amigos
Ranch Subdivision. The purpose of this agreement is to provide for the ultimate transfer, at no
cost to the homeowners association, of all the water rights and water facilities necessary to serve
the subdivision. Because the Red Canyon Water Company has been providing water service to
the association, and has entered into numerous water delivery agreements for that purpose, the
agreement is more complicated than a simple agreement at the time of the initial final plat for
a single-phase subdivision.
In light of the lengthy and comprehensive nature of this agreement, after you have had
a chance to review it, please feel free to give me a call so we can discuss the terms and
conditions of the agreement in greater detail.
Very truly yours,
LEAVENWORTH & ASSOCIATES, P.C.
LEL: rlb
Enclosure
cc: Larry Green, Esq. w/enc.
Los Amigos Ranch Partnership
Red Canyon Water Company w/enc.
C: \ FILES \ DEFORDB. 1LT
Lol B Leavenworth
f
•
AGREEMENT
THIS AGREEMENT is made and entered into this day of , 1996,
by and between the LOS AMIGOS RANCH PARTNERSHIP, a Colorado general partnership
(hereinafter "LARP"), the RED CANYON WATER COMPANY, a Colorado corporation
(hereinafter "Company"), and the LOS AMIGOS RANCH HOMEOWNERS ASSOCIATION,
a Colorado non-profit corporation (hereinafter "Association");
WITNESSETH:
WHEREAS, LARP is the developer of the Los Amigos Ranch PUD, Garfield County,
Colorado, which property is more particularly described on Exhibit A, attached hereto and
incorporated herein by reference; and
WHEREAS, LARP, as the developer of the Los Amigos Ranch PUD, has heretofore
obtained final plat approval for various subdivisions within the PUD and has heretofore
conveyed lots to third parties; and
WHEREAS, LARP is the owner and contractee of certain water rights, more particularly
described in Exhibit B, attached hereto and incorporated herein by reference, which water rights
are used to provide the potable water supply for the Los Amigos Ranch PUD pursuant to that
certain Lease of Water Rights between LARP and the Company dated October 31, 1988, as
amended on September 28, 1992, and November 1, 1993; and
WHEREAS, the Company is the owner of certain water facilities (hereinafter "Los
Amigos Ranch Water Facilities"), more particularly described in Exhibit C, attached hereto and
incorporated herein by reference, which facilities are used to provide potable water service
within the Los Amigos Ranch PUD; and
WHEREAS, the Company has heretofore entered into certain water delivery agreements
with single-family lot owners located within the Los Amigos Ranch PUD, which agreements are
more particularly described in Exhibit D, attached hereto and incorporated herein by reference;
and
WHEREAS, the Company has heretofore entered into a Water Delivery Agreement with
LARP dated January 1, 1989, which provides for water service to three existing residences on
property commonly known as Lots 5 and 6 of Filing No. 1, Subdivision No. II, Los Amigos
Ranch PUD, according to the plat thereof, which plat for Subdivision II is recorded in Book
at Page as Reception No. of the Garfield County Records; and
WHEREAS, the Company has heretofore entered into a Water Delivery Agreement with
Pat E. and Patsy J. Dowdy, their heirs, successors, and assigns dated October 28, 1988, which
Water Delivery Agreement provides water service to property commonly known as Lot 2,
Subdivision No. I, Los Amigos Ranch PUD (a/k/a the Auburn Ridge Apartments), which
Amended Plat for Subdivision I is recorded in Book at Page as Reception No.
of the Garfield County Records; and
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August 12, 1996
WHEREAS, the Association is a duly incorporated Colorado non-profit corporation, of
which certain property owners within the Los Amigos Ranch PUD are members, as more fully
set forth in the recorded Protective Covenants for the PUD and the Supplemental Declarations
thereto; and
WHEREAS, Garfield County, as a condition of further final subdivision plat approvals,
has advised LARP and the Company that the ownership of the water rights and water facilities
must be transferred to the Association; and
WHEREAS, LARP, therefore, desires to terminate its water lease with the Company and
convey and assign to the Association its water rights necessary to provide the potable water
supply to the Los Amigos Ranch PUD, pursuant to the terms and conditions set forth herein;
and
WHEREAS, the Company, therefore, desires to terminate its water lease with LARP and
convey to the Association the Company's Los Amigos Ranch Water Facilities, and assign its
water delivery agreements, pursuant to the terms and conditions set forth herein; and
WHEREAS, the Association desires to accept the conveyance of the water rights and
water facilities and the assignment of the water delivery agreements pursuant to the terms and
conditions hereinafter set forth; and
WHEREAS, the parties hereto desire to set forth their agreement in writing regarding
such conveyances and assignment and the provision of water service within the Los Amigos
Ranch PUD.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Conveyance of Water Facilities and Assignment of Water Delivery Agreements
By Company to Association. On the Effective Date, the Company agrees to convey by bill of
sale to the Association, and the Association agrees to accept pursuant to the terms and conditions
of this paragraph and this Agreement, all of the Los Amigos Ranch Water Facilities that are
utilized to provide water service to present and future users within the Los Amigos Ranch PUD.
The Los Amigos Ranch Water Facilities shall be conveyed "as is" and without warranty of any
kind or nature whatsoever. On the Effective Date, the Company agrees to assign to the
Association all of its rights and interests in and to the Water Delivery Agreements set forth in
Exhibit B, together with the Water Delivery Agreement dated January 1, 1989, with LARP and
the Water Delivery Agreement dated October 28, 1988, with Pat E. and Patsy J. Dowdy, and
the Association agrees to accept such assignments. The parties agree that, as of the date of the
execution of this Agreement, neither the Company nor the party with whom such agreement was
entered into by the Company are in default with any of the terms and conditions set forth in said
agreements.
2. LARP Conveyance of Water Rights to Association. On the Effective Date, LARP
shall convey to the Association by Quit Claim Deed the water rights described in Exhibit B.
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August 12, 1996
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Said conveyance shall include and be limited to the water rights associated with the Los Amigos
Ranch Well No. 5 and Rancho Los Amigos Well No. 6, together with any interests LARP has
in the plan for augmentation decreed by the Basalt Water Conservancy District in Case No.
87CW155 (Water Division No. 5, State of Colorado). On or prior to the Effective Date, LARP
shall assign to the Association, and secure the approval of such assignment by the Basalt Water
Conservancy District, of the Water Allotment Contract between the Basalt Water Conservancy
District and LARP dated March 8, 1984, and July 4, 1986, as amended on October 12, 1992,
and November 13, 1995 (hereinafter collectively "Water Allotment Contract"). Said conveyance
and assignment shall be "as is" and without warranty of any kind or nature whatsoever. The
Association agrees to accept said water rights pursuant to the terms and conditions of this
paragraph and this Agreement. The parties agree that, as of the date of the execution of this
Agreement, neither party is in default of any of the terms and conditions of the Water Allotment
Contract. Except as expressly provided for in this Paragraph 2 and this Agreement, LARP shall
retain and reserve to itself any and all other water rights associated with or appurtenant to the
Los Amigos Ranch PUD property and/or owned by LARP.
3. Effective Date. The Effective Date of this Agreement, and the closing of the
conveyances and assignments set forth in Paragraphs 1 and 2, above, shall be midnight June 30,
1997. It is the intent of the parties that they shall cooperate between the date of the execution
of this Agreement and the Effective Date for the purpose of allowing the Association to
adequately prepare to take over the water rights, water delivery agreements, and Water Facilities
and provide for the efficient transfer to and orderly takeover by the Association of water service
within the PUD.
4. Association Rights and Obligations.
a. Agreement to Provide Water Service. Upon and after the Effective Date, the
Association agrees that it shall own, operate, repair, and replace the Los Amigos
Ranch Water Facilities conveyed by the Company and the water rights conveyed
to it by LARP for the benefit of property owners within the Los Amigos Ranch
PUD. The Association agrees that it shall operate and maintain the Los Amigos
Ranch Water Facilities and Additional Water Facilities (see Paragraph 4.f.) in a
manner consistent with the high quality nature of the Los Amigos Ranch PUD
development to ensure that potable water service is provided in an uninterrupted
and quality manner to users within the PUD. For this purpose, the Association
agrees that it shall operate said facilities and make such repairs, replacements,
and improvements to said water facilities as are necessary to ensure the provision
of water service within the PUD in a manner consistent with local, state, and
federal laws and regulations regarding the provision of potable water service. For
this purpose, the Association agrees that it shall employ such consultants,
including attorneys, engineers, and operators, as are necessary and appropriate
to ensure the Association complies with the terms and conditions of this paragraph
and this Agreement.
b. Charges for Water Service. The Association shall impose upon property owners
such monthly or quarterly charges for water service as are necessary to provide
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August 12, 1996
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for the operation, maintenance, repair, and replacement of the Los Amigos Ranch
Water Facilities, including a reserve for replacement. Except as expressly set
forth in this Agreement or the water delivery agreements, said charges shall be
imposed in a non-discriminatory manner among similar users; provided, however,
said charges may be calculated in the manner that imposes increased charges for
increased water usage. Between the date of the execution of this Agreement and
the Effective Date, LARP shall prepare proposed rates and charges and a
proposed annual budget regarding the provision of water service for adoption by
the Association, and shall submit such proposed rates, charges, and budget to the
Association for its review and comment, which comments shall be reviewed and
considered by LARP. Following LARP's consideration of the Association's
comments, and prior to the Effective Date, the Association shall adopt said rates,
charges, and budget.
c. Rules and Regulations. Between the date of the execution of this Agreement and
the Effective Date, LARP shall prepare proposed rules and regulations regarding
the provision of water service for adoption by the Association, and shall submit
such rules and regulations to the Association for its review and comment, which
comments shall be reviewed and considered by LARP. Following LARP's
consideration of the Association's comments, and prior to the Effective Date, the
Association shall adopt said rules and regulations.
d. Amendments and Changes to Rates and Charges and Rules and Regulations.
Following the Effective Date, the Association may make such amendments or
changes to the rates, charges, and rules and regulations as the Association deems
appropriate; provided, however, the Association shall submit all such proposed
amendments and changes to LARP for its approval, which approval shall be
considered by the Association prior to adoption; provided further that all such
changes and amendments shall not be inconsistent with the terms and conditions
of this Agreement.
e. Covenants. The Association agrees to enforce and not modify without the consent
of LARP any and all provisions of the protective covenants affecting the Los
Amigos Ranch PUD related to the provision or use of water within the PUD,
including without limitation the lawn irrigation size limitations. The Association
further agrees that such provisions in the covenants regarding water service and
lawn irrigation size limitations shall not be modified or amended without the prior
written consent of LARP.
f. Additional Water Facilities. The Association agrees to accept, in the future, such
Additional Water Facilities as may be constructed by LARP pursuant to
Paragraph 6.d. , below; provided, however, that LARP shall convey to the
Association any and all warranties it obtains in connection with such Additional
Water Facilities, provided further that, so long as LARP is in compliance with
the terms and conditions of this Agreement and Paragraph 6.d., below, the
Association shall not submit or cause to be submitted any objections to the Board
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August 12, 1996
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g.
of County Commissioners of Garfield County regarding any future land use
application for the Los Amigos Ranch PUD sought by LARP on any ground
related to the provision of water service. Upon the conveyance by LARP of such
Additional Facilities to the Company, the Company agrees to own, operate,
maintain, repair, and replace said Additional Facilities in the same manner as the
existing Los Amigos Ranch Water Facilities conveyed pursuant to Paragraph 1,
above, and in a manner consistent with and in compliance with the terms and
conditions of this Agreement and Paragraph 4.a.
Compliance With Decrees and Basalt Water Conservancy District Contracts. The
Association agrees that it shall take any and all steps necessary to comply with
the terms and conditions of the decrees for the water rights conveyed to it by
LARP, including any and all stipulations which affect said water rights, and
comply with the terms and conditions of the Water Allotment Contract, as
amended, assigned to it by LARP, including without limitation the payment of the
annual charges imposed by the Basalt Water Conservancy District as a condition
of the Water Allotment Contracts. The Association further agrees it will not,
without the prior written consent of LARP, reduce the amount of water under
contract with the Basalt Water Conservancy District nor change the water rights
conveyed to it by LARP without the prior written consent of LARP. The
Association further agrees it shall take all actions necessary to preserve and
protect the water rights conveyed to it, including without limitation defense
against third -party actions which would in any way injure or impair said water
rights, and to utilize said water rights for beneficial purposes to the maximum
extent possible to protect said water rights from claims of abandonment.
h. No Service to Third Parties. The Association agrees that it shall not provide
water service utilizing the water rights or water facilities conveyed to it by LARP
and the Company, respectively, to third parties for use on any land outside the
Los Amigos Ranch PUD.
i. No Assignment, Conveyance, or Encumbrance. The Association agrees that it
will not assign, convey, transfer, hypothecate, lease, loan, or encumber the Los
Amigos Ranch Water Facilities or water rights conveyed to it by the Company
and LARP, respectively.
J.
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August 12, 1996
Tap Fee for Reserve for Replacement. Notwithstanding any provision herein to
the contrary, after the Effective Date, the Association may charge new users of
the Los Amigos Ranch Water Facilities, or any enlargement of use by existing
users, a fee at the time of connection for the sole purpose of providing a reserve
fund for replacement purposes; provided, however, such tap fee shall be
uniformly and equally charged to all users who are similarly situated; provided
further that said tap fee shall not exceed $400.00 per single-family residence or
single-family residence equivalent, together with an escalator based upon the CPI
each year (All Items, Denver -Boulder Index); provided further that all such funds
collected shall be placed in a segregated account and used solely for replacement
-5-
purposes. Except as expressly provided in this subparagraph, the Association
shall not charge any tap fee to property owners or water users at the time of lot
sale or connection to the Los Amigos Ranch Water Facilities.
k. Standby Fees. The Association shall not charge LARP or its successors, as the
owner(s) of unplatted property within the Los Amigos Ranch PUD, any standby
fees or availability of services fees or other fees or charges of a similar nature.
The Association may charge reasonable standby fees to lot owners of platted lots
within the Los Amigos Ranch PUD; provided, however, such charges shall not
be imposed for a three (3) year period from the date of the final plat approving
such lot.
1. Separate Billing Required. The Association agrees that the water charges
imposed hereunder shall be separate and apart from any homeowners dues or
other fees or charges charged by the Association for purposes other than water
service.
m. Bulk Rates for Certain Users. The Association agrees that it shall not charge
individual metered rates to multi -family users, high-density, single-family users
(as set forth on the approved PUD zoning map), and commercial users. Such
users shall be charged bulk rates based upon buildings or subdivisions, which
charges shall in turn be allocated among individual users by the Association or
building owners.
5. Existing Contracts.
a. Single -Family Water Delivery Agreements. On the Effective Date, the
Association agrees to accept the assignment of, and be bound by the terms and
conditions set forth in, the water delivery agreements between the Company and
water users and/or property owners who own single-family residential lots within
the Los Amigos Ranch PUD, which agreements are more fully described in
Exhibit D. Upon the expiration of said water delivery agreements and any
renewal terms thereof, the Association agrees that it shall continue to provide
water service to said properties on the same terms and conditions as the
Association provides water service within the Los Amigos Ranch PUD to low-
density single-family lots; provided, however, said users shall be bound by any
rules and regulations of the Association regarding water service and shall be
obligated to pay the rates and charges for water service lawfully imposed by said
Association.
b. Dowdy Water Delivery Agreement. The Association agrees to accept the
assignment of, and be bound by the terms and conditions set forth in, the Water
Delivery Agreement between the Company and Pat E. and Patsy J. Dowdy dated
October 28, 1988. Upon the expiration of said Agreement, and any renewal
terms thereof, the Association agrees that it shall continue to provide water
service to said properties on such terms and conditions as are mutually agreeable;
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August 12, 1996
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provided, however, said user shall be bound by any rules and regulations of the
Association regarding water service and shall be obligated to pay the charges for
water service lawfully imposed by said Association.
c. LARP Water Delivery Agreement. The Association agrees to accept the
assignment of, and be bound by the terms and conditions set forth in, the Water
Delivery Agreement dated January 1, 1989, between the Company and LARP
regarding LARP's three (3) existing residences on property commonly known as
Lots 5 and 6, Filing No. 1, Subdivision No. II, including any renewal terms
thereof; provided, however, that LARP and the Association agree that Paragraph
2.b. of said Agreement shall be modified to read as follows:
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.
Upon the expiration of said Water Delivery Agreement and any renewal terms
thereof, the Association agrees that it shall continue to provide water service to
said properties on the same terms and conditions as the Association provides
water service to similar users within the Los Amigos Ranch PUD; provided,
however, said users shall be bound by any rules and regulations of the
Association regarding water service and shall be obligated to pay the rates and
charges for water service lawfully imposed by said Association.
6. LARP's Rights and Obligations.
a. Tap Fees. The parties hereto acknowledge that LARP and/or the Company have,
in the past, constructed at their sole expense the water facilities to be conveyed
to the Association pursuant to Paragraph 1, above, and that LARP has expended
money in connection with the acquisition and development of the water rights set
forth in Paragraph 2, above. The parties agree that LARP is entitled to recover
such costs by the imposition of a one-time, non-refundable tap fee (sometimes
known as a plant investment fee or system development fee) to be imposed upon
property owners within the Los Amigos Ranch PUD at the time of lot sale. The
parties further acknowledge that LARP has agreed, pursuant to Paragraph 6.d.,
below, to construct such Additional Water Facilities as may be necessary to
provide water service to additional lots at such time as final plat approval is
obtained for additional subdivisions within the Los Amigos Ranch PUD, and that
LARP is entitled to recover such additional costs. For this purpose, LARP shall
be entitled, between the date of the execution of this Agreement and the Effective
Date, to impose and charge such tap fees at the time of lot sale, including any
enlargements in use by existing users, in an amount to be determined by LARP
in its sole discretion. Following the Effective Date, LARP shall be entitled to
impose a tap fee at the time of lot sale, including expansions of existing uses, in
an amount determined by LARP in its sole discretion. In no event shall LARP
be entitled to recover more than its actual costs incurred in development and
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August 12, 1996
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acquisition of water rights and in the design, installation, and construction of the
existing Los Amigos Ranch Water Facilities and Additional Water Facilities
constructed by LARP pursuant to Paragraph 6.d. (hereinafter "Facility Costs")
as reasonably determined by LARP. To ensure LARP's right and ability to
collect such tap fees, the Association agrees that it shall not allow any property
owner to connect to the Los Amigos Ranch Water Facilities until and unless said
property owner has presented to the Association a written certificate of payment
of tap fees, or a waiver thereof, from LARP.
b. Excess Water Rights. The parties agree and acknowledge that the water rights
conveyed by LARP to the Association are sufficient to provide water service to
the entire Los Amigos Ranch PUD as presently approved. The parties also
acknowledge and agree that LARP's development plans for the PUD may change
and also that, pending full development, excess water rights are available for use
pending such development. LARP hereby expressly reserves, and the Association
agrees to such reservation, the right to utilize, at no cost or charge by the
Association, any and all excess water rights conveyed to the Association pending
the need for such water rights to provide water service within the Los Amigos
Ranch PUD. Further, in the event the ultimate needs for water rights to serve
the Los Amigos Ranch PUD, as reasonably determined by LARP, are less than
the water rights conveyed by LARP to the Association, LARP reserves the right,
at no cost or charge by the Association, to utilize such excess water rights in the
future.
c. Excess Water Facilities and Water Production. The parties agree and
acknowledge that the Los Amigos Ranch Water Facilities conveyed by the
Company to the Association pursuant to Paragraph 1, above, as well as any
Additional Water Facilities conveyed to the Association pursuant to Paragraph
6.d., below, may, at any given point in time, including full development of the
entire Los Amigos Ranch PUD, have excess capacities which are not reasonably
needed or necessary to provide water service to the property owners within the
PUD. LARP hereby reserves said excess capacity for its use, or for conveyance
or sale to third parties within or without the Los Amigos Ranch PUD, in LARP's
sole discretion; provided, however, that LARP shall pay the actual, direct
operation and maintenance costs for the wells and pumps only based upon
LARP's proportionate water use at the well heads, associated with such use by
LARP. For purposes of this paragraph, the parties agree and recognize that the
600 gallons per minute associated with Well Nos. 5 and 6, as more fully set forth
on Exhibit B, are in excess of the diversion rates necessary to provide water
service within the Los Amigos Ranch PUD. Further, the quantity of water rights
necessary to serve the subdivision shall be based upon the assumptions and
requirements contained in the augmentation plan heretofore decreed in Case No.
87CW155 (Water Division No. 5, Colorado).
d. Additional Water Facilities (hereinbefore and hereinafter "Additional Water
Facilities"). LARP and the Association agree and acknowledge that LARP
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August 12, 1996
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intends in the future to apply for and secure the approval of Garfield County for
additional subdivision final plats within the Los Amigos Ranch PUD. As part of
said applications and approvals, LARP shall cause a registered Colorado
professional engineer to design such Additional Water Facilities as are necessary
to provide water service to such subdivisions, as may be reasonably determined
by LARP and approved by Garfield County. LARP agrees that such Additional
Water Facilities shall be generally consistent with the standards and specifications
of the existing Los Amigos Ranch Water Facilities, and shall be designed and
constructed in a manner that will not unreasonably interfere with the provision of
water service to the then -existing users within the Los Amigos Ranch PUD,
which determinations shall be made by LARP's engineer in his sole professional
opinion.
Following the design and approval of the design by Garfield County of such
Additional Water Facilities, LARP shall cause at no cost to the Association such
facilities to be constructed pursuant to any subdivision improvement agreement
entered into between LARP and Garfield County. The Association agrees that
LARP may use any and all existing or future easements, right-of-ways, or open
space property within the Los Amigos Ranch PUD for this and other utility
purposes; provided, however, LARP shall revegetate and restore all disturbed
areas. Upon approval of the construction of such Additional Water Facilities by
Garfield County and/or the release by said County of any performance guarantee
provided by LARP, LARP shall convey such Additional Water Facilities to the
Association by bill of sale or other appropriate instrument.
e. Cost Recovery. For the purpose of obtaining reimbursement of its Facility Costs,
including without limitation the costs for oversizing water facilities to serve future
development with the Los Amigos Ranch PUD subsequent filings, LARP may
enter into such cost recovery agreements with the purchasers of developable
property or the owners of property within the Los Amigos Ranch PUD, as LARP
in its sole discretion deems appropriate; provided, however, that any such
recovery shall, together with amounts collected for tap fees, not exceed the
amount expended by LARP for such Facilities Costs.
f. Modification to Los Amigos Ranch PUD. LARP expressly reserves the right, in
its sole discretion, to modify the presently approved Los Amigos Ranch PUD.
Nothing herein shall provide the Association with a basis to object to any such
modification; provided, however, that in the event such modification results in an
increased need for water rights and in the event the water rights conveyed to the
Association herein are not reasonably adequate to serve the needs of the Los
Amigos Ranch PUD as so modified, LARP shall provide such additional water
rights to the Association at no cost to the Association.
7. Miscellaneous Provisions.
a. Cash Balances; Accounts Receivable; First In/First Out. Upon the Effective
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August 12, 1996
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Date, LARP and the Company shall retain ownership of all outstanding accounts
receivable and cash balances, after payment of all invoices of the Company
actually billed and received by the Company and related to the Los Amigos Ranch
Water Facilities. The Association agrees to accept the assignment of, and
assume, all contracts of the Company and/or LARP related to the Los Amigos
Ranch Water Facilities. The Association agrees that all rates and charges
received by the Association shall be first applied to any account receivable
retained by the Company and/or LARP for such customer. Each party shall have
a reasonable right of inspection of each other's books regarding accounts
receivable and accounts payable during normal business hours to ensure
compliance with the terms and conditions of this paragraph.
b. Tapping or Connection Charge. The Association shall have the right to charge
new users a reasonable fee, not to exceed actual costs, for inspections by the
Association of such user's initial physical connection to the Los Amigos Ranch
Water Facilities.
c. Insurance. From and after the Effective Date, and for a period of twenty (20)
years from the Effective Date, the Association agrees and shall obtain and
maintain property and liability insurance in the minimum amount of
$1,000,000.00 and $2,000,000.00, respectively, and shall cause LARP to be
named as a co-insured on the liability insurance. Upon request, the Association
shall provide LARP with a copy of said insurance policy.
d. Additional Water Delivery Agreements. Between the date of execution of this
Agreement and the Effective Date, the Company and/or LARP may enter into
additional water delivery agreements upon such terms and conditions as LARP
determines and cost recovery agreements contemplated by Paragraph 6.e. Such
additional delivery agreements shall be assigned to the Association pursuant to
Paragraph 1, above.
e. Matters Not Expressly Covered. The parties hereto acknowledge that there may
be matters not expressly covered or addressed by this Agreement which hereafter
become known. The parties agree to cooperate and take actions as are necessary
regarding such matters as is consistent with the intent of this Agreement.
8. Breach. In the event of a breach of any of the terms and conditions of this
Agreement, the non -breaching party shall give the party in default written notice of said breach
and thirty (30) day right to cure. In the event the breaching party has not cured said default
within the 30 -day period, the non -breaching party may bring an action in the Garfield County
District Court for damages, mandatory injunctive relief, and/or specific performance. In the
event of litigation to enforce the terms and conditions of this Agreement, the prevailing party
shall be entitled to reasonable attorney fees and costs. In the event LARP advances any sums
on behalf of the Association due to the Association's breach of any term or condition hereof,
LARP shall also be entitled to recover such costs from the Association, together with interest
until paid at the rate of eighteen percent (18%) per annum, calculated monthly and compounded
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August 12, 1996
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annually.
In addition to the foregoing remedies, LARP shall have the right, but not the obligation,
to take such actions, following a failure of the Association to cure after notice, as are necessary
in LARP's sole discretion, to operate, maintain, repair, and replace the Water Facilities in the
manner required of the Association by this Agreement and shall be entitled to recover from the
Association any and all monies spent by LARP for this purpose, together with interest until paid
at the rate of eighteen percent (18%) per annum, calculated monthly and compounded annually.
9. Assignment; Benefits. This Agreement shall be binding upon and inure to the
benefit of the successors and assigns of the parties hereto; provided, however, the rights and
obligations of the Association shall not be assigned by the Association to a third party without
the prior written consent of LARP, which consent may be withheld by LARP in its sole
discretion; provided further that the reserved rights of LARP may be assigned to a third party,
in whole or in part, without the consent of the Association (regardless of whether such assignee
has an interest in the Los Amigos Ranch PUD property), so long as LARP provides to the
Association written notice of such assignment.
10. Indemnification. The Association agrees that it shall indemnify and hold LARP
harmless against any and all claims, including attorney fees, that arise after the Effective Date
of this Agreement, which claims arise out of or relate in any way to: the Association's
ownership and operation of the water rights described in this Agreement or the Los Amigos
Ranch Water Facilities; the provision of potable water service to users within the Los Amigos
Ranch PUD; the Association's compliance or lack thereof with the terms and conditions of this
Agreement or applicable governmental regulations; or the water delivery agreements assigned
by the Company to the Association.
11. Notice. All notices required under this Agreement shall be in writing and shall
be hand delivered or sent by registered or certified mail, return receipt requested, postage
prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered
effective seventy-two (72) hours after deposit in the United States Mail with the proper address
as set forth below. Either party by notice so given may change the address to which future
notices shall be sent.
Notice to LARP:
With copy to:
Notice to Company:
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August 12, 1996
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Los Amigos Ranch Partnership
2929 County Road 114
Glenwood Springs, CO 81601
Leavenworth & Associates, P.C.
P. O. Drawer 2030
Glenwood Springs, CO 81602
Red Canyon Water Company
c/o Greg Boecker
1011 Grand Avenue
Glenwood Springs, CO 81601
With copy to:
Notice to Association:
Leavenworth & Associates, P.C.
P. O. Drawer 2030
Glenwood Springs, CO 81602
Los Amigos Ranch Homeowners Association
P. O. Box
Glenwood Springs, CO 81602
12. Complete Agreement. This document embodies the entire and complete
agreement of the parties on the subject matter herein. No promise or undertaking has been made
by any party, and no understanding exists with respect to the transaction contemplated, except
as expressly set forth herein. All prior and contemporaneous negotiations and understandings
between the parties are integrated and merged into this Agreement.
13. Governing Law. This Agreement shall be governed by the laws of Colorado,
which state shall also be deemed the place where this Agreement was entered into and the place
of performance and transaction of business of the parties. In the event of litigation pertaining
to this Agreement, the exclusive forum, venue, and place of jurisdiction shall be Garfield
County, Colorado, unless otherwise designated in writing by the parties.
14. No Waiver. Modification or waiver of any of the provisions in this Agreement
shall be effective only if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict performance of any of the provisions
of this Agreement shall not be construed as a waiver of any subsequent default of the same or
similar nature.
15. Severability. If any covenant, term, condition, or provision contained in this
Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable
in any respect, such covenant, term, condition, or provision shall be severed or modified to the
extent necessary to make it enforceable, and the resulting Agreement shall remain in full force
and effect.
16. Section Headings. The section or paragraph headings contained within this
Agreement are inserted for convenience only and shall not be construed to vary or add to the
meaning of the Agreement.
17. Recording. This Agreement and the exhibits hereto, except for Exhibit D for
which only a representative sample agreement and list of the properties affected by such
agreements, by legal description, shall be recorded at LARP's expense in the office of the Clerk
and Recorder of Garfield County.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
originals on the day and year first written above.
ATTEST:
Secretary
ATTEST:
Secretary
C: \FILES\LARPB.1 AG
August 12, 1996
By
By
By
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LOS AMIGOS RANCH PARTNERSHIP
General Partner
RED CANYON WATER COMPANY
President
LOS AMIGOS RANCH
HOMEOWNERS ASSOCIATION
President
STATE OF COLORADO )
) ss.
COUNTY OF )
Acknowledged, subscribed, and sworn to before me this day of ,
1996, by , as General Partner, on behalf of Los Amigos Ranch
Partnership.
WITNESS my hand and official seal.
My Commission expires:
STATE OF COLORADO )
) ss.
COUNTY OF )
Acknowledged, subscribed, and
1996, by
as Secretary, on behalf of Red Canyon
Notary Public
sworn to before me this
, as President, and by
Water Company.
WITNESS my hand and official seal.
My Commission expires:
STATE OF COLORADO )
) ss.
COUNTY OF )
day of
Notary Public
Acknowledged, subscribed, and sworn to before me this day of
1996, by , as President, and by
as Secretary, on behalf of Los Amigos Ranch Homeowners Association.
WITNESS my hand and official seal.
My Commission expires:
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August 12, 1996
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Notary Public
EXHIBIT LIST
Exhibit A Los Amigos Ranch PUD
Exhibit B Water Rights
Exhibit C Water Facilities
Exhibit D Single -Family Lot Water Delivery Agreements
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August 12, 1996
EXHIBIT B
WATER RIGHTS
A. Rancho Los Amigos Well No. 6. The Rancho Los Amigos Well No. 6 (Permit
No. 40906-F) was decreed on August 2, 1994, in Case No. W-3873 (Water Division No. 5) for
300 g.p.m., or 0.66 c.f.s., conditional, for all municipal uses with an appropriation date of July
27, 1978. This well was made absolute in Case No. 94CW36 by decree dated September 9,
1994. In addition, in Case No. W-3893, Rancho Los Amigos Well No. 6 was made an alternate
point of diversion for Los Amigos Well No. 5 (see below).
B. Los Amigos Ranch Well No. 5. The Los Amigos Ranch Well No. 5 (Well Permit
No. 18147) was decreed in Case No. W-2156 (Water Division No. 5), the Water Court, by
decree dated July 23, 1974, awarded 0.66 c.f.s. (300 g.p.m.), absolute, for municipal,
commercial, domestic, and industrial purposes with an appropriation date of August 22, 1963.
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August 12, 1996