HomeMy WebLinkAbout1.0 ApplicationLAND DESIGN PARTNERSHIP
918 CooperAvenue, Glenwood Springs, CO 81601
97 0-945'2246 I F ax 970-9454066
August 16,2000
Mark Bean
Garfield County Planning DePt.
108 8th Street
Glenwood Springs, CO 81601
Re: St. Finnbar Farm SuMivision
Final Plat
Dear Mark:
Attached are the 3 copies of the various plans and documents for your review ofthe St. Finnbar
Farm Subdivision Final Plat. All enclosures are listed below along with their Regulation
reference. Conditions of the preliminary Plan Resolution have been satisfied by the below listed
submissions.
Section 5:20
Section 5:31, A
Section 5:31, B
Section 5:31, C
Section 5:31, D
Section 5:31, E
Final Plat
Engineering Plans
Engineers Estimate of Public Improvements
SuMivision Improvement Agteement
County Treasure's Tax Certification
Protective Covenants
can & will serve Letter fromthe Ranch at Roaring Fork regarding
the provision of wastewater treatment services.
Sewer Services Agreement
Connecting Main Agreement
Letter from the Carbondale & Rural Fire Protection District
accepting the design of the fire protection water supply'
Section 5:31, F
Section 5:31, G
Section 5:31, H
Section 5:31,I
Ronald B. Liston
Jim Mindling
Chris LaCroix
Letter from the Colorado Department of HealttU Water Quality
ControlDivisionapprovingtheSitePermitApplicationforthe
RanchatRoaringForkWastewaterTreatmentPlant.
Basalt water conservancy District Allotment contract No' 324'
Thirteen (13) Well Permits, one for each approved lot'
Carbonda]eandRuralFireDistrictSuMivider'sAgreement.The
required s 5,421.00 fee has been paid to the District and a copy of
the receiPt is enclosed.
BaierAppraisalServicesreportdefiningthevaluegfthepropertyin
accordance with the county Regulations. calculations of the
School District fee are inctuded in the body of the SuMivider's
Improvement Agreement. The check in the amount of $7,595.23
will be delivereJto the County prior to the BOCC review of the
Final Plat.
There are no individual sewage disposal systems proposed'
2
Wfu
Also enclosed is a check in the amount of $200 for the Final Plat review fee'
Approval of the sewer lift station application has not been received from the State' I believe you
received a copy of Mr. Cibbs,s letter acknowledging receipt of the additional information he had
requested. It is my understanding that since the dG of that letter Mr' Cribbs has verbally
afErmed that he has oked the apprication and sent it on to Denver for final approval. You will
probably receive a copy of the fi*l upp.oval letter at the same time we do'
Is it possible to forward the plat to the County Surveyor and the other documents to the County
Attorney while we await the letter from the State? I know these folks are very busy and I would
like to grt tt "t" items on their 'to do stack" as soon as possible'
pc:
ThepurposeofthisletteristoaddressthepercentageofcompletionfortheconstructionontheSt.
Finnbar Farm Subdivision. Based on periodic obse-rvationt of th" construction in progress' the
sewer improvements (which include the sewer main, sewer manholes' 4" sewer services' 1-
112,, forcemain, andinstallation of the lift station) and the dry fire hydrant (including the wet
well and current drain) for St. Finnbar Farms have been completed in compliance with the
approved constructiondocuments and the Garfield county Regulations' The sewer main and
services have been observed and tested by both High country Engineering and Mclaughlin
Water Engineers (representing the Ranch "iRou,itt"g
Fork)' The contract retainer is the portion
of the remaining costs on theiost estimate' Rt thelime of the Engineer's Opinion of Probable
Construction Costs for public Improvements, August 3, 2000, Holy Cross Electric and KN
Energy have been paid their .ont.""t fees. Also,-portions of the following items have been
completed: earthwork (60%),culverts (64%), sediment control (75%)' compliance with the
llpfies permit (65%) and shallow utility trenches (80%)'
Mark Bean, CountY Planner
Garfield County Building and Planning Department
109 8'h Street, Suite 303
Glenwood SPrings, CO 81601
St. Finnbar Farm - Percent Complete of Construction
HCE Project No. 89074.09
Included with this letter is the current pay request
complete is greater than these values, based on
August.
please contact me if you have any questions or need additional information'
Sincerely,
Enc
cc.
from M & M Construction' Their percent
the work completed during the month of
14 Inverness Drive Eost, Slc 8'144
EnPlewood, CO E0112
phone 303 iZs'oSU ' fax j03 925'0547
923 CooPer Avenue
Glenwood SPnngs, CO 81601
phone 970 %S'a6ZA ' 1a:t elO 945'2555
August 14,2000
HIGH COUNTRY
eslie A. HoPe,3::)81
August 3. 2000 k:\qrrrodata\filc\89\074\P"!littt!:g']:
AS REMAINING
oF 8/3/00
QUANTITY
,ffiisi W'o*ii-i'I,',iIT I'
Mobilization
Earthwork
Unsuiuble Material RePlacement
3' AsPhah
6' Class 6 ABC
8' Class 3
35'xl5'x6' AmCor Concrete Box Bridge
25'xl5'x6' AmCor Corrrete Box Bridgc
25' t2O' x6' AmCor Corrrete Box Bridge
20'x20' Concrete ExPansion Slab
Corrcrete Wing Walls for Conc' Box Bridge
.'g* r"iilil..-'lli'lri:!:+frf::r ,
ig; ADs-Ntz Culvert w/ Flared Errd Section
$ffi., dr,',,,:..",'n ;.i#;;iii2,;
";,,'.rprice inclrxles trenching and fittings
8' SDR 35 Sewcr PiPe
4' Diameter Sewer Manhole
4' Sewcr Service
l-l/2' C-m0 Force Main
5' Diameter Sewer Force Main Valve Box
Lift Sution
firtffi:,Wucr,,t.;1';..-', ",''.'tprice irrcludes trenching and fittings
Concrete Wet Well arxt Curuin Drain
Dry Fire HYdrant AsscmblY
,rMtrpwi;;;i;1::Jii"f;t,;''
Electric Transformer
Electric/TelePhone/Cable
Gas Costs from KN EncrgY
Electric Costs from Holy Cross Elec'
Conduit ard Warning TaPe
:/:' l/_- " "'-"i:l 'iir::1':lr':l'iliscc//qqequs r'li' , '. ,l :r; i : , '
,, ,' t:'
Guardrail, CDOT TYPe 3
Revege6te/L:ndscaPe
Class I Grornd Sign
Scdiment Control Ferrce
Compliance with NPDES
I L.S.
l L.S.
1000 c.Y.
7650 s.Y.
1530 c.Y.
2020 c.Y.
3 Each
I Each
I Each
2 Each
6 Each
134 L.F.
10.000.00
l 4,644.00
18.80
8.00
l?.00
13.50
42,500.00
25,500.00
34,000.00
15.000.00
8.000.00
72.50
10.000.00
14,644.00
18.800.00
61.200.00
26,010.00
27.270.00
127,500.00
25.500.00
34.000.00
30,000.00
48,000.00
3.0 r 5.00
60.960.00
49.200.00
22.100.00
15.960.00
4,100.00
4l,000.00
10,000
8,787
0
0
0
0
0
0
0
0
0
r.937
0
5,857
l 8.800
6l.200
26.010
27.270
127,500
25,500
34,000
30,000
48.000
r.078
2540 L.F.
12 Each
13 Each
760 L.F.
I Each
I Each
24.00
4,100.00
l,700.00
2l .00
4,300.m
41,000.00
10.000.00
2.700.00
325.00
5.70
30,000.00
l r4.000.00
9.00
47. l0
10,000.00
250.00
2.05
2,000.00
54,864
44,280
19.E90
t4364
3.870
30r36
6,096
4,920
2,2r0
l,596
430
10.864
I Each
I Each
9 Each
4260 L.F.
I L.S.
I L.S.
7210 L.F.
660 L.F.
I L.S.
3 Each
1220 L.F.
l L.S.
10.fin.00
2.700.00
2.925.00
24,282.N
30,000.00
I14,000.00
64.890.00
3l .086.00
10.000.00
750.00
6.601.00
2.000.00
9,000
2,430
0
0
30,000
l 14.000
0
0
0
0
4,968
1,295
l.0m
/70
2,925
24,287
0
0
64,890
3l ,086
10.000
750
1.633
705
IO% CONTIGENCY
TOTAL
SIJBTOTAL 191E,693.00
$91,869.30
tr,010,562.30
COMPLETED
TO DATE:
349,821.00
TOTAL COSTS
REMAINING
650,741.10
This surunary of probable construction cost was prepared for esti'nating purposes
only. High Country Engineering, Inc' cannot be lrcld responsiblefor variances,";;Ei{#*ggrr!fii;' y *, d" '' bid.*by6m:ffq.;;'''*
-
phone 970 g45-E676 o lar 970 945'2555 phonc 303 izs'oSll o fax 303 925-0547
ST. FINNBAR FARM
Application for Progress Payment
Period End: 7/31'00 Proj€ct To DateCurrent Period
yo complete Total % complete Total Bid Amount Remaining
1 Mobilization I L'S' O% 0 100o/o O 0 0
2 Grading & Earthwork 1
''''
oo/o o 60% 8'787 14'644 5'857
3 Unsuitable Material 1'ooo c"i' oo/o o 0o/o o 18'800 18'800
4 2',Asphalt 7,650 i'v' oo/o o 0% o 43'223 43'223
5 Class 6 Agg Base 1'530 C'Y' Oo/o O O% 0 25'612 25'612
6 class 3 Agg Base 2'O2O i'v' oo/o o oo/o o 27 '189 27 j89
7 35'x20'x6'Bridge 3 EA' Oo/o 0 0o/6 O 0 0
8 25'x20'x6'Bridge 2 E" Oo/o O O% g 0 0
9 2ix[oConcrete Exp Slab 2
^"
Oo/o o 0% g 0 0
10 concretewngwairs 12 EA. 2Y; i ,,T,fi 27s62 275,62\ ry9:!
1r i$[11'";1;'"i " 134 L'F' ;:i o 6s% 1's37 3'002 1'065
12 Guardrail 660 L'f ' O% O O% O 31'066 31'066
13 Wet Well & Drain r en' O% O 1OO% 9'882 9'882 0
14 Dry fire hydrant r ee' Oo/o O 100% 2'649 2'649 0
15 S" Sewer Main 2'540 f-'f' Oo/o 0 100% 59'055 59'055 (0)
16 4'Manhole '12 EA' O% 0 100% 49'224 49'224 (0)
17 4" Sewer Service 13 EA' O% O 100% 21'398 21'398 (0)
18 4" C-gOO Force Main 760 Uf' 5% 7g2 1OO% 15'777 '15'778 0
19 s'Force Main Box 1 EA' OYo O 1OO% 4'238 4'238 (0)
20 Lift station r Ee' oYo o 75% 30'138 40'205 10'067
21 3' utility trench 4'260 f-'f ' O% O O% O 22'152 22"152
2z4,utilitytrench2,950L.r.1o4%17,556104o/o17.55616.815r41)
23 conduir & tape 7 .210 EA. 98% 63:413 98% 63'413 64'530 1',117
24 Transformer vaults I a loo% 2'925 1Oo% 2'925 2'925 0
2s ctass 1 sign 3 a' oo/o I l* o 750 750
26 Sediment conttol 3'220 f-'f ' O% O 76o/o 4'968 6'569 1'601
27 NPDES compliance r i'S' oo/o o 7o% 1'295 1'850 555
zB ,ono. r u.s. o"z"
=, ==9 100% ==9'??1 8'222 0
Chanoe Orders
1 AsphalULiftstation/HDPE
- AsPhalt to 3"
- Grinder PumP lift station
. 1.5" HDPE
3 Force main related changes
Oo/o
Oo/o
Oo/o1oo% 1,011
o%0
100% (14,111)
1OO% (1,604)
100% 1,011
19.508 19,508
(14,1 11) 0
(1,604) 0
1 ,011 0
0 0.000 0.00
0 0.00
0 0.00
8s.697 311,322
-77o'2O1
455'879
TOTAL
Note: % Completion includes materials cost and labor
SI,BDTYISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made and entered into this day of .--, 2000' b-f 3nd
among St. Finnbar Land company, a colorado corporation i SFLC"); Roaring Fork Farm' LLC' a
colorado limited liability.o*puny('RFF", and together with SFLC, the "owners") and the Board of
Counry Commission.r, Lf Garfield County, State of Colorado, (the "Counry")'
WITNESSETII:
WHEREAS, SFLC is the owner of certain real property located within Garfield Counly, Colorado'
as more particurarry described on Exhibit .,A" attached hereto and incorporated herein (the "SFLC
Properry");
WI{EREAS, RFF is rhe owner of certain real properry located within Garfield County, Colorado'
as more particularly described on Exhibit "B" attached hereto and incorporated herein (the "RFF
Property");
WHEREAS,theSFLCPropertyandRFFPropertytogethercomprisetherealpropertyknownas
St. Finnbar Farm (*re "Property");
WHEREAS, the Owners intend to develop the Properry;
yHEREAS, approval for the preliminary plan for the development of the Properry was obtained
under rhe terms ana conoitions set forth in counry Resolution No' 99-l 10;
WHEREAS, Owners have submitted to the County for its approval the Finat Plat for St' Finnbar
Farm (hereinafter "Final Plat") for the Property;
WHEREAS, as a condition of approval of the Final Plat and as required by the laws of ttre state
of Colorado, the Owners wish to enter inio ttris Subdivision Improvements Agreement wilh the Counry;
and
WHEREAS, Owners have completed or have agreed to complete certain subdivision improvements
as set forth herein, have agreed to execute and deliver a letter or othir security to the county to secure and
guarantee tt. "o*pi.tionit
the subdivision improvements and Owners' performance of this Agreement'
and have agreed to certain restrictions and conditions regarding the issuance of building permits'
certificates of occupancy and sale of properties, as more fully set forth hereinafter'
NOW, TI{EREFORE, for and in consideration of the premises and the following mutual
covenants and agreements, the parties hereby agree as follows:
t. FINAL PLAT AppRovAL. The counry hereby accepts and approves the Final Plat of
st. Finnbar Farm, subject to the terms and conditions of this Agreement' as well as the terms and
conditions of the preliminary H.n upfroual, and the requirements of the Garfreld county Zoning and
Subdivision Regulations.
2. owNERS'PERFORMANCE. Owners have constructed and installed or shall cause to
be constructed and instaued, at its own expense, those improvements related to St' Finnbar Farm, which
I
I
I
I .re required to be constructed by Resolution No. 99-110, this Agreement, the Final Plat' and all Garfield
I counry Zoning and subdivision Regulations. -The estimated cost of completion of the subdivision
I improvements related to St. Finnbu, irr* is set forth and certif,red by a licensed engineer on Exhibit "c"
I #$#$#;:[**n:nmll:m:r-ru'-:ilT:*1iilil'-'si:"^ i" ;,v,v "?"if'ry r".
I
I " ll::3:*:TtfftlT['.,'":'::i:.";1:li;ff;l$,1:;T:il::,i'pr'va'
which are
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I b
i#?:#t::l::tu",lff.:'."',,'i"ff[[[iil:fifi[il"tiil!H.:J',nT I
I c. all laws, regularions, orders and resolutions of the county of Garfield, state of Colorado' I
I d. ;::-:, J]r1r*. sketches and other materiars submitted to and approved
I
I " *;"..-";:"-::",:;:"r::.**,,inc,ude,butarenotrimitedtothe
I
I /-,, "' :'"H#H?lillliiil.TilT.'i:,:l':I,i:::il*?:J:'ililffi,IilH:11 n I
rh
2
business in ttre State of Colorado, and acceptable by the County' The Letter of Credit must be valid for
a minimum of six (6) months beyond tt
"
.oripi.tion date for the improvemenrs set forth herein. If the time
for completion of improvementi is extended Uy a written .gttt*tnt to this Agreement' the time period for
the validiry of the Letter of credit sha[ be simitarty extended. Additionalty, should the Letter of credit
become void or unenforceable for any reason, inciuding the bankruptcy of the- owners or the financial
institution issuing or confirming the Letter of credit,-prior to u..ipr.n . of rhe improvements, this
Agreement sha, become voio aid of no force and effect, and the Final prat shall be vacated pursuant to
the terms of this Agreement.
b. partial Release of Security. The County shall release portions of the securiry as portions of the
subdivision improvemen* are completed to the saiisfaction of the county. certification of completion of
improvements adequate to authorize release of security must be submitted by a ricensed or registered
engineer. Such certification authorizing release of securiry shall certify that the improvements have been
construcred in accordance with the requirements of this Agreement, inciuding all Final Plat plans, and shall
be stamped upon as-built drawings by ,;iJ;;ofessional engineer where applicable' owners may also
request release for a portion of the securiry upon proof (i) that owners have a valid contract with a public
utiliry company reguiated by the cotoraoo puc that obligates such utiliry company to install certain utility
lines and (ii) that owners have paid to such utiliry .o*puny the cost of initallation of such utitities required
to be paid by Owners under such contract'
Uponsubmissionofacertificationofcompletionofimprovementsbytheowners,theCounrymay
inspect and review the improvements..r,ifi.o as complete, to determine whether or not said improvements
have been constructed in compliance with ihe retevant specifications. If the counry determines that all or
a portion of the improu.*.nt, ..rtified as comprete are not in compliance with the relevant specifications'
the counry shall furnish a lener of potential d&ciencies to the owners within fifteen (15) days specifying
which improvements are potentially def,rcient. If no retter of potentiar defrciency is furnished within said
fifteen (15) day period, all improvements certified as complete shall be deemed accepted and the county
sharl rerease the appropriate amount of security as it rerates to the improvements which were certified as
complete. If a Ietter of potential deficiencies is issued which identifies a portion of the certified
improvemenrs as potenria*y derrcienr, then a* improvements not so identified in the letter of potential
deficiencies shall be deemed accepted and the County shall release the appropriarc amount of security as
such relates to the certified improvements thar are not identified as potentially deficient in the letter'
Withrespecttoanyimprovementscertifiedascompletebytheownersthatareidentifiedis
potentially deficient in a letter of potential deficiencies as provided in ttris paragraph, the county shall have
thirty (30) days from the date of the tetter of potential defrciencies to .o.f l"t" its investigation and provide
written confirmation of the deficiency to the owners. If upon further investigation the county finds that
the improvements are acceptable, then upf ropriut securiry shall be rereased to the owners within ten (10)
days after completion of such investigation. In the event the improvements are not acceptable by the
County,theCountyshallmakeawrittenfindingpriortorequestingPaymentfromtheLetterofCredit.
Additionally, the counry shall provide the owneis a reasonabie periodof time to cure any deficiency prior
to requesting Payment from the Letter of Credit'
c. substitution of Letter of credit. The counry may, at its sole -option,
permit the owners to
substitute couaterar other than a Letter;tredit acceptable to ih. counry for ttre purpose of securing the
completion of the improvements as hereinabove provided'
d. Recording of Final plar. The Final PIat for St. Finnbar Farm shall not be recorded pursuant
to this Agreement unf,t tt. t.tt , of credit described in this Agreement has been received and approved
by the CountY.
4. WASTE WATER SYSTEM. All easements and facility sites necessary for the wastewater
collection sysrem within St. Finnbar Farm shall be dedicated in accordance with the sewer service
Agreement between SFLC and the Ranch at Roaring Fork Home owners Association (*Ranch
Association,,) recorded in Book _ at page _ of the iecords of Garfield county, colorado. owners
shall complete construction of all *.r,.*.,1, c-olhction system facilities for St. Finnbar Farm in accordance
with said agreement.
5. WATER SYSTEM. Each lot within the Final Plat for St. Finnbar Farm shall have an
individual well, which will be installed by the owner of such lot. The owners have obtained well permits
for all lots.
6. ROADS. All roads within the Final Plat for st. Finnbar Farm (other than private
driveways or roadways within the boundaries of any lot) shall be dedicated to the county' The
Homeowners Adssociation of st. Finnbar Farm shall be responsible for the maintenance of the roads and
the Counry shall not be required to maintain any roads within the subdivision'
T.FEESINLIEUoFDEDICATIONoFLANDToSCH0oLDISTRICT.TheowneTS
shall make a cash payment in lieu of dedicating land to the Roaring Fork School District' RE-1' calculated
in accordance with the provisions of Resolutio-n No. 99-096, now iodified as sections 9:80 and 9:81 of the
Garfield counry Subdivision Regulations, which states that the cash in lieu payment is equal to the
unimproved per acre market value of the land multiplied by the land dedication standard multiplied by the
number of units in the subdivision. The parties acknowledge and agree that for St. Finnbar Farm the above
formula shall be completed, and the total amount of the cash payment in lieu of dedication of land'
calculated as follows:
a. Unimproved per acre market value of land, based upon an appraisal submitted by
Owners : $29,212.43.
b.Landdedicationstandard(fromResolutionNo'99-096):
13 single family DU's x .020 acres : 0'26 acres; and
c. Total amount of cash in lieu payment:
$29,212.43 x 0.26 : $7,595'23
t/ifr
to claim, a reimbursement of the fee in lieu of land dedication to RE-l School District which is paid in
accordance with the provisions of this Agreement' n
g. FIRE DISTRICT FEES. The parties recognize and agree that the approval of the- Final /'t/))
prat constirures approvar of thirteen (13) dweuing units. The parties agree rhat the Impact Fees for the y
iil,Hx.;hffi ;:*ilti':f-:ff r*:r',',i,J;il'J'.il"?[r,'.T,'Hl; j"s'1,llllt1,,?z4r]'
specifically agree that they are obligated ," p"V the abo'e and foregoing fee to the Carbondale & Rural Fire
protection District, accept such obrigation,'.na waive any craim ttrat trrey are not so obligated or required
ro pay the Fire District Fies. Owners agree that subsequent to recording of the Final Plat the Owners will
not claim, nor are the owners entitled to, a reimbursement of the lire District Fees to be paid in
connecdon with ttris Agreement'
g.INDEMNITY.Totheextentallowedbylaw,theownersagreetoindemnifyandhold
the county harmless and defend the county from all cla-ims which may arise as a result of the owners'
installation of the improvements ,equired pu"uunt to this Agreement' However' the Owners do not
indemnify the counry for claims made asseiting that the standards imposed by the county are improper
or the cause of the injury asserted'
TheCounryshallberequiredtonotifytheownersofreceiptofanoticeofclaim,oranoticeof
intent to sue and shall afford the Owners the option of defending iny such claim or action' Failure to
notify and provide such written option to the b*n.r, sha[ exiinguish the counry's rights under this
paragraph. Nothing herein stated shall u" ir"tp*,"J,g ::^Y* the 6wners to indemnify the Counry from
claims which .uy ,ri* from the negligent acts or omissions of the county or its employees'
10. SALE OF LOTS. No lots within St. Finnbar Farm shall be conveyed prior to recording
of the aPPlicable Final Plat'
u. ISSUANCE oF BUILDING PERNIITS. As one remedy for breach of this Agreement'
the county may withhold issuance of building permits for any structure within st' Finnbar Farm' The
parties agree that no bu,ding permit shall be isued until the owners demonsrrare to the satisfaction of the
Fire Districr rhar adequate water is available for the Fire District's purposes at the.site .:t t"i'ljjllll
Further, the parties agree that no certifrcate of occupancy shau be issued for any building or structute i
:t[r;irt':;i:i:"i:X-';Wf #f;Wiy;Wrirw'n"h^1*l.tt\A<,."1 (t,t
tz. ENFoRcEIvtiINT. rn "ooi,io,L
any rights*which rfay be provided by colorado sBilte'
it is mutuauy agreed that the counry o,
"ny
purchaser-of a lot within the property sha[ have the authority
to bring an action in the District of Garfieta bounty, colorado, to compel enforcement of this Agreement'
13. CoNSENT TO VACATE PLAT. In the event the owners fail to comply with any of the
terms of this Agreement or the terms of the Preliminary Plan the counry shall have the abiliry to vacate
the Final plat as it pertains to rots for which no building permits have bien issued. Any existing lots for
which bu,ding permits have been issued, sha, not be vacated and the Finar prat as to those lots shall
remain valid. The owners shall provide a survey and complete legal description with a map showing the
location of a portion of the Final Plat so vacated'
6
|4.BINDINGEFFECT.ThisAgreementshallbeacovenantrunningwiththetitletoeach
lot within the Final plar, and the rights and obli-gations as contained herein shall be binding upon and inure
to the benefit of the owners, and their respective successors and assigns'
15. RECORDING. Upon execution and authorization by the County,_the Owners shall record
this Agreement with the Office of the Clerk and Recorder for Garfield County' Colorado'
16. VENLJE AND JIJRISDICTION. Venue and jurisdiction for any cause arising out of or
related to this Agreement sharl lie in the District court for Garfield counry, colorado and be construed
pursuant to the laws of the State of colorado'
L7 . AMENDMENT. The parties hereto mutually agree that this Agreement may be amended
from time to time, provided such amendment is in writing and signed by the parties hereto'
1g. NoTICE. All notices required herein shall be tendered by personal service or certified
mail upon the following individuals or agents of ttre parties to this Agreement:
Board of CountY Commissioners
c/o Mark Bean, Planning Director
109 8'h Sffeet, Suite 303
Glenwood SPrings, Colorado 81601
St. Finnbar Land ComPanY
32 Buttonball Lane
Weston, CT 06883
Roaring Fork Farm, LLC
c/o Garfreld & Hecht, P.C.
I 10 Midland Ave., Suite 201
Basalt, CO 81621
With copy to:
Ronald Garfield, Esq.
Garfield & Hecht, P.C.
601 East HYman Avenue
Aspen, Colorado 81611
(970) 925-1936 (Phone)
(97 0) 925 -3008 (facs imile)
[Signanrres on Following Page]
7
By:
ENTERED INTO the day and year first written above'
St. Finnbar Land Company, a Colorado corporation
By:
Print Name:
Title:
Roaring Fork Farm, a Colorado limited liability company
By:
Print Name:
Title:
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
Chairman
ATTEST:
Clerk of the Board
STATE OF
)ss.
COUNTY OF )
The foregoing Declaration of Protective covenants For St'
before me this
-
daY of ,2000 by
St. Finnbar Land Company' a Colorado corporation'
WITNESS my hand and official seal.
My commission exPires:
Finnbar Farm
as
was acknowledged
of
Notary Public
I
STATE OF )
)ss.
)COUNTY OF
TheforegoingDeclarationofProtectiveCovenants
acknowledged before *.-tnit
-
day of -----'
2000 by
-Roaring FJrk Farm, LLC, a Colorado limited liabiliry company.
WITNESS mY hand and official seal'
My commission exPires:
Notary Public
For St. Finnbar Farm was
as Manager of
EXHIBIT *A,'
Legal Description of SFLC Property
EXHIBIT *B"
Legal DescriPtion of RFF ProPertY
EXHIBIT "C'
Estimated Cost of ImProvements
M:\clacroix\St. Finnbar\Docs\SlA3'wpd
9
EXHIBIT ''C''
Mobilization
Eanhwork
Unsuitablc Marcrial Rcgleccment
3' Asphalt
6' Class 6 ABC
8' Class 3
35'xl5'x6' ArnCor Concrac Box Bridgc
25'xl5'x6' AmCor Concretc Box Bridgc
25'x20'x6' AmCor Concrerc Box Bridge
20'x20' Concretc ExPansion Slab
Concretc Wing Walls for Conc' Box Bridgc
tpricc includcs Etttchins erd finings
8'SDR 35 Sewer PiPe
4' Diamctcr Scwer Mrnholc
4' Sewer Service
4' C-900 Forcc Main
5' Diamctcr Sewcr Force Main Valve Box
Lift Surion
Corrrcte Wa Wcll ard Cunain Drain
Dry Firc Hydranr Ass€rnbly
l L.s.
I L.S.
lmo c.Y.
7650 S.Y.
1530 c.Y.
2020 c.Y.
3 Each
I Each
I Eadr
2 Eactr
6Edr
t34 L.F.
2540 L.F.
12Edr
13 Each
760 L.F.
I Each
I Each
10,000.00
t4,644.m
18.80
t.@
17.00
13.50
42,500.00
25,500.@
34,0@.m
15,000.00
8.000.00
22.50
24.@
4,1m.00
l,7m.m
21.00
4,300.00
41,000.00
10,000.@
2,700.@
325.00
5.70
30,000.m
I14,000.00
9.00
47.10
l0,m.m
250.m
2.05
2,m.00
10,m0.6
14,644.@
18.8m.m
61,200.m
26,010.00
27,n0.@
r27,5@.00
25,500.00
34,0@.00
30,000.00
48,000.00
3.015.m
60,960.m
49,2m.00
2,100.00
15,960.@
4.300.m
41,000.00
r0,m.00
2,?m.00
2,925.N
24,2E,.6
30,000.m
I14,m0.00
64,E90.00
3l,086.00
l0,m.m
750.00
6,601.m
2,m.o
l0,m
8,7n
0
0
0
0
0
0
0
0
0
r,vt1
54,86r
4,zfi
19,890
143&
3,870
30136
0
5.t57
1t,t00
61,200
26,010
n,n0
127,500
25,500
34,m0
30,000
48,m
l,m8
6,096
4,920
2,21O
1,596
430
10,8&l
1,000
no
2,925
24,2t2
0
0
64,E90
0
0
31,0E6
10,000
750
1,633
705
Elcctric Transforocr
Elecric/Telcphoncr'C:ble
Gas Coss from KN ErrrgY
Electric Costs from Holy Cross Elcc.
Conduit and Waming TaPc
I Each
I Each
9 Eadr
4260 L.F.
I L.S.
I L.S.
TztO L.F.
650 L.F.
l L.s.
3 Each
1220 L.F.
I L.S.
9,000
2.430
0
0
30,00
ll4,m
0
0
0
0
4.968
1.295
Guerdrail, CDOT TYPc 3
Rcvegetete/Lanlscapc
Class I Ground SilP
Scdimcnt Control Fcc
Compliance wiih NPDES
It' ADS-NI2 Culven w/ Flercd Erd Scction
,AL
'91E,6CI.OO
COMPI.ETED TOTALCOSTS
IOT CONTIGENCY
TOTAL
This swnany of probablc construction cost wa:t Preparcd for estitruting purPoses
only. High Conntry Enginceing, Inc. cannot be held responsibb Jor variances
from this estirnate as actuttl costs ms! vary duc to bid aid t@rkztflacluatio'ts'
s9r,869.30 TO DATE:
31,010,50.30 349,t21.00
REMAIITIING
660,741.30
Report Date: 08/14/20fi) l1:23AM GARFIELD COI.INTY TREASURER
CERTIFICATE OF TAXES DUE
Page: I
CERT #: 20002550
SCHEDULE NO: Rll1605
ASSESSED TO:
ST. FINNBAR LAND COMPANY
ATTN: MORTON HELLER - PITKIN COUNTY BANK
ORDER NO:
VENDOR NO:
HIGH COUNTRY ENGINEERING
923 COOPER AVENUE
GLENWOOD SPRINGS, CO 8160I534 E HYMAN AVE
ASPEN. CO 81611-1955
LEGAL DESCRIPTION:
SECT,TWN,RNG:31-7-87 DESC: A TR. IN LOTS 6'
BK:0697 PG:0616 BK:0767 PG:0384 PRE:RIl1324
12, 13 & 19 BK:0605 PG:0211 BK:0581 PG:0749
239t31300024 SITUS ADD:CARBONDALEPARCEL:
TAXYEAR CHARGE
TOTAL TAXES
TAX YEAR ASSESSMENT
TOTAL ASMT
TAX AMOTINT
ASMT AMOTJNT
INT AMOTINT
rm lmour.rr
ADV,PEN,MISC TOTAL DI.]E
0.00
ADV,PEN,MISC TOTAL DI.IE
0.00
TAX YEAR TAX LIEN SALE
TOTAL STATEMET.{T
TLS AMOI.INT INT AMOI.INT REDEMPT FEE TOTAL DI.]E
0.00
GRAND TOTAL DTIE AS OF O8/14I2OOO 0.00
FEE FOR THIS CERTIFICATE IO.OO
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED pRIOR To REMITTANCE AFrER THE FoLLOWING DATES: PERSONAL PROPERTY AND MoBILE HOMES - 01-JAN-97'
REAL pRopERTy - sEmEMBER r. TAx LIEN sein nroprrrtloN AMoLII{Ts MUsr BE PAID BY cAsH oR CASHIERS CHECK'
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS, THE COUNTY CLERK' OR THE COUNTY ASSESSOR'
This certificate does not include land or improvements assessed under a separate account number' personal propeny Bxes'
transfer tax or misc. tax collected on behali of other entities, special or local improvement district assessments or
mobile homes, unless specifically mentioned.
I, the undersigned, do hereby ceniry that the entire amount of taxes due upon the above described parcels of real property and all
oustanding sales for unpaid uxes as shown by the records in my office from which the same may still be redeemed with the amount
required for redemption are as noted herein. in wimess whereoi, I have hereunto set my hand and seal ttris l4th day of August' 2000'
n
TREASI.JRXR, GARFIEI.,D COIINTY, GEORGTA CHAMBERLAIN, BY N\P
P. O. Box 1069 \ l|
20830
ORIGINAL TAX BILLING FOR 1999 TAX DISTRICT OlT.TR-MF
Mill Levy Amount
8.812 53.22
Authority
GARFIELD COI.INTY
CARBONDALE FIRE
BASALT H2O
COLORADO RIVER H2O
SCHOOL RE-T
COLORADO MT COLLEGE
ROAD & BRIDGE FT.IND
SOCIAL SERVICES DEIrT
GARFIELD CAP EXP
Glenwood Springs, CO 81602-1069
(970) 94s-6382
4.253 25.69
0.082 0.s0
Values
Land
Exempt
Improve
Total
Actual
20830
0
0
Assessed
6040
0
0
6M00.282
4t.M5
J.055
1.205
0.883
2.755
r.70
2s0.32
22.08
7.28
5.33
16.64
63.372 382.76 - TA)(ES FOR 1999
Recorded
Reception
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
Chris LaCroix, Esq.
Garfield & Hecht, P.C.
110 Midland Ave., Suite 201
Basalt, Colorado 81621
o'clock M
Recorder
St. Finnbar Farm
St. Finnbar Homeowners Association,
a Colorado nonprofit corPoration
St. Finnbar Land Company, a Colorado corporation
Roaring Fork Farm, LLC, a Colorado limited liability company
DECLARATION OF
PROTECTIVE COVENANTS FOR
ST. FINNBAR FARM
GARFIELD COI.JNTY, COLORADO
NAME OF EXEMPT COMMON
INTEREST COMMUNITY:
NAME OF ASSOCI,ATION:
PERSONS EXECUTING TIIIS
DECLARATTON:
M:\clacroix\St. Finnbar\Docs\STFlNPR.O5.COV.wpd
2.
DECLARATION OF
PRoTECTIYECOVENANTSFoRST.FINNBARFARM
This Declaration of Protective covenants for St. Finnbar Farm is executed this
-
d1v-9f
#*:rml:x'*::tlL??#ili";s:i"".lH?t"fi :rxrJ''l'3"i
colorado limited liabiliry company ("RFF") whose address is c/o Garfield & Hecht, P.c., 110 Midland
Avenue, Suite 201, Basalt, Colorado 81621. SFLC and RFF are hereinafter referred to as the
"Declarant".
A. SFLC is the owner of certain real properry located within Garfield County, Colorado' as
more particularly described on Exhibit ..A,, attachea nereio and by this reference made a part hereof (the
*SFLC Property"). SFLC desires to subject the SFLC Property to this Declaration'
B. RFF is the owner of certain real property located within Garfield County, Colorado' as
more particutarly described on Exhibit "8" attached hereto and by this reference made a part hereof (the
.,RFF properry';;. RFF desires to subject the RFF Property to this Declaration'
c. The SFLC Property and RFF Property together comprise the real property known as st'
Finnbar Farm and are hereinafter referred to as the "Properry"'
1. DECLAR\TION - PURPOSES.
1.1 General pumoses. Declarant desires to create a common interest residential communiry
under the name ,,st. Finnbar Farm,, pursuant to which the property will be laid out and platted as more
fully shown in the plat referred to in Section 1.2 below. Declarant intends that all owners' trust deed
beneficiaries, mortgagees and any other persons or entities now or hereafter acquiring any interest in st'
Finnbar Farm shall hold such inreresrs ,u6i"", to the rights, privileges, obligations and restrictions set forth
in this instrument.
l.z Declaration. To further the purposes herein expressed, Declarant.for itself, its successors
and assigns, with respect to st. Finnbar Farm asihown, definedand described on the prat thereof recorded
in Plat Book
-
at Page of the real estate records of Garfield county' colorado' does hereby
declare ttrat all said lands shall be submitted to and at all times be owned, held, used and conveyed subject
to the terms, provisions, conditions and restrictions contained in this instrument, which terms, provisions'
conditions and restricrions shall constirute covenants running with the land and shall be binding upon and
inure to the benefit of Declarant and to any person or legal entity acquiring an interest in St' Finnbar Farm'
z.l Annual Assessments means the charges levied and assessed each year against a Lot
pursuant to Section 6.2 below.
Z.Z Approval Resolutions means Garfield County Approval Resolution No. 99-110 captioned
..A Resolurion concerned with the Approvar of a Preliminary ntan for the St. Finnbar subdivision'"
2.5
of Assessments,
2.7
referred to as
2.r0
amended.
2.3 Articles means Articles of Incorporation and any amendments thereto for St' Finnbar
Homeowners Association, a Colorado nonprofit corporation'
2.4 Assessments means both Annual (or regular) Assessments and Special (or extraordinary)
Assessments.
Assessment Lien means a lien against a Lot in favor of the Association to secure payment
fines or other amounts due the Association'
2.6 Association means St. Finnbar Homeowners Association, a Colorado nonprofitcorporation,
formed and incorporut o to be and constitute the Association to which reference is made in this instrument'
The purpose of the Association shall be to further the common interests of owners of Lots within St'
Finnbar Farm.
Board or Board of Directors means the governing board of the Association, which is also
the ,.Executire Bo".d" in th" Association's Articles of lncorporation and Bylaws'
by or
Z.g Common Expenses means estimated expenditures to be made or actual expenditures made
on behalf of the Rrroiltion, together with any allocations to reserves or sinking funds'
2.g Counr.v shall mean Garfield Counry, Colorado'
QCIOA means the Colorado Common Interest Ownership Act as from time to time
2.ll Declarant means st. Finnbar Land company, a colorado corporation together with Roaring
Fork Farm, LLC, a Colorado limited liablity
"ornpuny,
and any party designated as a successor or assign
of the Declarant by a written instrument duly recorded in the real estate records of Garfield county'
Colorado. Such instrument may specify the eitent and portion of the rights or interests being assigned by
Declaranr, in which case St. Finnbar Land Compuny und Roaring Fork Farm, LLC shall retain all other
rights of Declarant not so assigned.
Z.lZ Declaration means this Declaration of Protective Covenants for St. Finnbar Farm as
recorded in the real .rt t ,..ords of Garfield Counfy, Colorado, and as amended from time to time'
2.L3 Development Activity Envelopes means areas within a Lot as designated by Declarant or
SARC where homes, accessoryt*.tur., und other development activity shall occur' No development
activity or changes in natural conditions may occur outside Development Activiry Envelopes unless allowed
prrru"nt to the rcrms of this Declaration, the Approval Resolutions or the Plat'
2.14 Development Guidelines means guidelines that may be adopted by the site and
Architectural Review committee to provide site and development design criteria to persons de-siring to
build homes or to construct other improvements or carry on any other development activity on Lots'
M:\clacroix\5t. Finnbar\Docs\STFINPRO 5'COV'wpd
2.15 Eligible Morteaee Holder shall mean the holder of any first prioriry Mortgage encumbering
a Lot that has given written notice to the Association of said Mortgage. Such notice shall include a true
copy of the Mortgage as recorded.
2.16 Lot or Lots means fee ownership subdivided parcels of land designated by number on the
Plat.
2.17 Member or Members means either: (a) Owners who are Members of the Association and
who, by virtue of such ownership, are entitled to Class "A" memberships, or (b) each of SFLC and RFF
as holder of Class "8" memberships in the Association, all as provided in Section 4.5 below.
Z.l8 Mortgage means any mortgage, deed of trust or other security instrument creating a real
properry security interest in any Lot, excluding any statutory, tax or judicial liens.
2.19 Mortgasee means any grantee or beneficiary of a Mortgage'
2.20 Mortgaqor means any grantor or trustor of a Mortgage.
2.21 Open Space or Open Space Areas means areas as shown on the Plat where no development
activity or changes in natural conditions shall occur except as otherwise provided in this Declaration, the
Approval Resolutions or the Plat.
Z.ZZ Owner means the person or persons or legal entity holding record fee sirnple title to a Lot.
The record title holder of a Lot shall be treated as the Owner thereof for all purposes.
2.23 !!al means the subdivision Plat for St. Finnbar Farm recorded in Plat Book
-
at Page
of the real estate records of Garfield County, Colorado, and any amendments thereto as may be duly
approved by the County.
2.24 Ranch Association means Ranch at Roaring Fork Home Owners Association, Inc., a
Colorado nonprofit corPoration.
Z.Z5 Ranch Properr.v means the residential communiry known as the Ranch at Roaring Fork
located adjacent and westerly of St. Finnbar Farm.
2.26 Road means St. Finnbar Farm Road as shown on the Plat.
2.27 Sewer Service Agreement means that certain Sewer Service Agreement between SFLC and
the Ranch Association recorded in Book at Page and Addendum thereto recorded in Book
at Page all in the real estate records of Garfield County, Colorado.
Z.2B Site and Architectural Review Committee, sometimes referred to as the SARC, shall mean
either the Board of Directors or a committee appointed by the Board of Directors of the Association for
the purpose of reviewing and approving any improvements or changes to lands within St. Finnbar Farm'
M:\clacroix\St. Flnnbar\Docs\STFINPRO 5.COV.wpd
2.29 Special Assessments means any special or extraordinary Assessment levied and assessed
pursuant to Section 6.5 below.
2.30 St. Finnbar Farm means all the properry shown on the Plat, which includes thirteen (13)
residential Lots.
2.31 Wetland or Wetland Areas means transition zones such as swamps and marshes located on i
the Property. Where required by law or if the Association desires, Wetlands Areas shall be determined \f
in accordance with the federal Clean Water Act as amended and rules and regulations promulgated ^ J
rhereunder. Activities that may occur within Wetland Areas are regulated by the U.S. Corps of Engineers \ \
(the "Corps") and no such activities shall occur unless all necessary permits or approvals from the Corps,, 6/
Counry and SARC, as applicable, have first been obtained. Permits necessary for access across Wetlan$; \t
Areas to Lots have been obtained as more fully set forth in Section 8.28 below
X'3. ST. FINNBAR EXEMPT FROM CCIOA.
3.1 Exemption From CCIOA. Defined terms used in this Section 3 consisting of "Planned
Community", "Development Rights" and "Units" shall have the dehnitions set forth under CCIOA. St.
Finnbar Farm is a Planned Communiry consisting of thirteen (13) residential Units not subject to any
Development Rights. Accordingly, St. Finnbar Farm is exempt from CCIOA other than the provisions
of Colorado Revised Starutes 38-33.3-105, 106, and 107. Notwithstanding the preceding, by resolution
of the Board or at the request of any Members, a meeting (which may be either an annual or special
meeting) of the Association shall be held in accordance with procedures set forth in Colorado Revised
Starutes 38-33.3-118 or any subsequent amendments thereto to elect treatment of St. Finnbar Farm under
CCIOA. Any election to accept treatment under CCIOA shall be approved at such meeting by the requisite
number of votes as required by CCIOA or any subsequent amendments thereto which requirement is, as
of the date hereof, at least sixry-seven percent (67 Vo) of the votes that the persons present at such meeting
in person or by proxy are entitled to be cast.
4. ASSOCIATION MEMBERSHIP.
4.1 Formation of Association. The Association shall be a nonprofit Colorado corporation
charged with the duties and invested with the powers prescribed by law and as set forth in its Articles,
Bylaws and this Declaration. In the event of any conflict or inconsistency between the provisions of this
Declaration and the Articles or Bylaws, the provisions of this Declaration shall govern and control.
Further, neither the Articles nor Bylaws of the Association shall, for any reason, be amended or otherwise
changed or interpreted so as to be inconsistent with this Declaration.
4.2 Board of Directors and Officers. The affairs of the Association shall be conducted by the
Board and such officers as the Board may elect or appoint in accordance with its Articles and Bylaws as
the same may be amended from time to time. The Association by and through the Board shall govern and
manage all property owned by the Association and shall enforce the provisions of this Declaration' The
initial Board shall be composed of three members. The Board may also appoint various committees.
Declarant shall have the right to appoint and remove members of the Board until the closing on the sale
(i.e., recording of the deed) of nine (9) Lots. By instrument signed by Declarant and duly recorded in the
M:\chcroix\5t. Flnnbar\Docs\STFINPRO 5.COV.wpd
4
real estate records of carfield county, colorado, Declarant may sooner relinquish this right to appoint and
remove members of the Board.
4.3 Association Rules. The Association may from time to time adopt, amend and repeal rules
and regulations to be known as the "St. Finnbar Farm Association Rules" by a majority vote of the Board.
Tfre purpose of the Association Rules shall be to implement, supplement or otherwise carry out the
pu.por..
"nd
intentions of this Declaration. Association rules and regulations shall not be inconsistent with
this Declaration.
4.4 Limited Liability. Neither the Association nor its past, present or future, officers,
directors, nor any other employee, agent or committee member of the Association shall be liable to any
Owner or to any other person for any damage, act, omission to act, simple negligence or other matter of
any kind or nantre, except gross negligence. Without limit to the foregoing, the Association and the Board
shall nor be tiable to uny farty for any action or for any failure to act with respect to any matter if the
action taken or failure to act was in good faith and without malice. Acts taken upon the advice of legal
counsel, certified public accouniants, registered or licensed engineers, architects, surveyors or other
professionals shall tonclusively be deemed to be in good faith and without malice. To the extent insurance
carried by the Association for such purposes shall not be adequate, the Owners severally agree to
indemnify the Association or Board ugrinrt loss resulting from such action or failure to act, provided that
the Association and the Board acted or failed to act in good faith and without malice.
4.5 Membership. This Association shall be a membership association without certificates or
shares of stock. The members of the Association shall be: (i) those persons or entities, including
Declarant, who are the Owners, from time to time, of Lots in St. Finnbar Farm as shown on the Plat' and
(iD SFLC and RFF, as to special "Class B" memberships, after they shall cease to be the owner of any Lots
in St. Finnbar Farm. Other than Declarant, membership in the Association shall automatically terminate
when an Owner of a Lot ceases to be the owner thereof. There shall be two classes of membership in the
Association: (i) Owners of Lots 1 through 13 shall have a Class "A" voting membership, and (ii) each of
SFLC and RFF shall have a Class "B" nonvoting membership that shall be activated at such time as either
SFLC or RFF, as applicable, ceases to be the owner of any Lot and may be relinquished at any time
thereafter upon written notice to the Association.
4.6 Voting. A Class "A" Member shall have one (1) vote for each Lot such Member may
own. The affirmative vote of a majoriry of Members present at a duly constituted meeting shall, unless
otherwise provided in this Declaration or the Articles, be sufficient to take any action or transact any
business. Where there is more than one record Owner of a Lot, the several record Owners of such Lot
shall be required to designate, by prior written notice to the Association, the particular Owner who shall
cast the one vote uppurtin.nt to that Lot. If the several Owners of any Lot are unable or unwilling to
designate a particuiai owner to vote, then the membership appurtenant to that Lot shall not be entitled to
voreln any Association affairs unril such designation is made. Subject to the right reserved in Declarant
as set forth in Section 4.2 above to appoint and remove members of the Board, in any election of the
Board, every Owner entitled to vote (multiple Owners of one Lot being entitled collectively to one vote)
shall have a number of votes.for each Lot owned times the number of Board members to be elected' The
candidates receiving the highest number of votes, up to the number of Board members to be elected, shall
be deemed elected.
M:\clacroix\St. Finnbar\Docs\STFlNPRO5.COV.wpd
5
4.7 Bindine Effect. Each Owner, his lessees, their families and guests, the heirs, successors
or assigns of un 5**ior any Mortgagee, and any other persons using or occupying a Lot' shall be bound
by anJshall strictly comply with the provisions of this Declaration, the By-laws, the Articles, any deed
restrictions and covenantl and all rules, regulations and agreements lawfully made by the Association.
4.g Enforcement. The Association and Declarant shall each have the right and power to bring
suit in their respectivlnames for legal or equitable relief for any lack of compliance with any provisions
of this Declaration or rules promulgated by the Board or SARC. [n addition, the Association shall have
the right to impose on any Owner *on.iury fines for any lack of compliance with provisions of this
Declaration or rules promulgated by the Board or SARC and where such fines are not paid within the time
provided, such fines shall become an Assessment and secured by an Assessment Lien. The failure of the
Association or Declarant to insist upon the strict performance of any such provisions or to exercise any
right or option available to it, or to serve any notice or to instiute any action, shall not be a waiver or a
reiinquishment for the future of any such provision or the enforcement thereof. Any Owner aggrieved by
a lack of compliance by another Owner may also bring suit for legal and equitable remedies. [f any court
proceedings are instituted in connection with the rights of enforcement and remedies provided in this
beclaration, the substantially prevailing party shall be entitled to reimbursement of its costs and expenses,
including reasonable attorneys' fees, in connection therewith.
4.g powers of the Association. Each Orvner agrees that the Association has all the powers
granted it by the colorado Revised Nonprofit corporation Act and any amendments thereto or
ieplacements thereof. Such powers shall include, without limitation, Ievying Assessments against Owners,
imposing a lien on Lots for any unpaid or uncollected Assessments, fines or penalties, and foreclosing any
,u.h ti.n1, enforcing any deedrestiictions and covenants, acquiring, holding, owning, leasing, mortgaging
and disposing of properry, the adoption of rules and regulations, the defending, prosecuting or intervention
in litigation on uitrair oi all Members, the borrowing of monies for Association purposes and the right to
pledge future income in order to secure such borrowings. The term "pledge furure income" shall include
the right to impose a Special Assessment for repayment of such borrowings and to assign such Special
Assessment (and all lien and collection rights appurtenant thereto) to the lender as security for repayment
rhereof. The Association may exercise "ny oGr right, power or privilege given to it expressly by this
Declaration, the Articles and By-laws, or by law, and every other right, power or privilege reasonably to
be implied from the existence of
^ny
right, power or privilege given to it herein or reasonably necessary
to effectuate any such right, power or privilege.
4.10 Notice to Maintain. An Owner shall immediately report to the Association, in writing, the
need for.ny ,nrint.n.*r, r.puir or replacement which is the Association's responsibiliry to provide' In
rhe event of any disagreemeni m to the need for or the responsibiliry of the Association to provide the said
mainrenance, iepair or replacement, the good faith decision of the Board shall be f,tnal.
4.11 Mechanics' Liens. Declarant shall be responsible for the release of all mechanics' liens
filed with respect to the Association property, or any part thereof, if any such liens arise or are alleged to
arise from labor performed or materials furnished at the instance of Declarant, its agents, contractors or
subcontractors. Except as the result of labor performed or materials furnished at the instance of the
Association, no labor performed or materials fuinished with respect to Association property shall be the
basis for filing a lien against any Association property. No labor performed or materials furnished at the
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6
instance of the Association shall be the basis for filing a lien against any Lot unless such labor is performed
o, *"i..i"rt are furnished to correct a violation of rhis Declaration, actual or threatened by such owner'
and under such circumstances the lien shall be limited to the Lot of the Owner in violation of this
Declaration.
5. ARCHITECTURAL CONTROLS.
5.1 Site and Architectural Review Committee. The SARC shall be composed of at least three
(3) natural persons appointed by the goutO. p.t*ns serving on the SARC shall serve at the pleasure of
the Board. The Board may remove a member of the SARC and appoint a new member at any time,
provided there shall at all times be at least three (3) persons serving on the SARC ' The members of the
SARC may or may nor be Board members or Owners and may include one or more professionals suc]r as
an architect paid by the Association to perform such services. The SARC shall have and exercise all the
powers, duties and responsibilities set out in this Declaration. The SARC may at the expense of the
Association hire any professionals or a secretary or other personnel to perform administrative, clerical and
other functions. So tong as Declarant elects a majority of the Board of the Association, then Declarant may
also act as the SARC hereunder.
5.2 Authoritv. Except as otherwise provided in this Declaration, no improvements of any kind
or changes in the nutu*t condiiion of any prop..ty including, but not limited to, the construction of
dwellings or other structures, outbuildings, weti enclosures, pipelines, fences, grading, planting, rogds,
driveways, antennae, satellite dishes, fla! poles, signs (except those signs permitted under Sections 8'27
and 16.3 below) or the like, shall be erecied, altered or permitted to remain on any Lots, or elsewhere on
St. Finnbar Farm, nor shall any excavating, clearing or landscaping be done thereon unless complete
architectural plans and specifications ana-a site plin showing the location and orientation for such
construction or alterations or landscaping are approved by the SARC prior to the commencement of such
work. Any work performed by or on behalf of Declarant to any of St. Finnbar Farm including, but not
limited ro, consrmction of amenities, subdivision infrastructure and the like, shall not require approval of
the SARC.
5.3 preliminary Review. Owners, personscontemplating the purchase of Lots or otherentities
who anticipate constructing improvements on lands within St. Finnbar Farm may, but shall not be obligated
to, submit preliminary stetcnes with a site plan of such improvements to the SARC for informal comment'
All preliminary site and architectural sketc-hes shall be submitted in at least four (4) sets, and shall coniain
sufficient general information to allow SARC to act intelligently in making any comment' The SARC shall
not be bound by any comment, opinions or other communications given hereunder'
5.4 Final Approval. At least four (4) complete sets of the architectural and site development
plans and specifications inun U" submitted to rhe SARC along with a complete list of all materials and
colors to be used. At the request of sARC, samples of materials and colors shall also be provided' All
copies of the complete plans and specification, inutl be signed for identification by the owner or his
architect. The SARC shall have the right to request whatever additional specific information, plans,
specifications, reports and the like it deeri, n...rr"ry to evaluate the development proposal throughout.the
approval and consrruction process. The SARC shail certify to the Owner, in writing, when the submittal
is complete. If within thirry (30) days after submitting plans and specifications and a list of materials and
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7
colors, SARC has not advised an Owner in writing that the submission is incomplete and what shall be
required to complete the submission; such submittal shall be deemed to be complete. The majoriry vote
of the members of the SARC shall be required for approval of plans; provided, however, that in the event
the SARC fails to take any action withiniixty (60) days after four (4) copies of the complete architecnrral
and site development plans, specifications, materials and colors have been submitted to it and the submittal
has been deemed complete or cerrified in writing by the SARC as complete, all of such submitted
architectural plans snait be deemed to be approved. The SARC shall not unreasonably disapprove
architectural plans. The SARC shall disapp.ou" uny architectural and site development plans submined
to it which do not contain sufficient information for it to exercise the judgment required of it by these
covenants.
5.5 Buildine Permits. An Owner may apply for a building permit from the Counry at any time;
provided, however, tt. pirnr submitted to the County ihutl not differ in any way from the plans approved
Ly tne SARC. If the plans submitted to the County differ in any way from the plans approved by the
SARC, all approvals of the SARC shall be deemed automatically revoked.
5.6 Variances. The SARC may, by an affrrmative vote of a majority of the members of the
SARC, allow varian*. to any of the i.ritop.n nt Guidelines or the policies, rules or regulations
promulgated by the SARC, on such terms and conditions as it shall require. The SARC may, by
unanimous vote, allow variances as to any of the architecrural controls set forth in Section 5 of this
Declaration. Further, any matter requiring a variance from any Counry land use regulations, building or
zoning regulations shall also require an aplroval from SARC. Each Owner shall be given written notice
not less than fifteen (15) days in
"Ou.nce
of the date of any meeting of SARC where a request for a
variance will be considered and such notice shall also include a copy of the application and other
information submitted in support of the variance request'
5.7 General Standards. The SARC shall evaluare, among other things: (i) the materials_ to
be used on the outside of buildings or srrucrures, (ii) exterior colors, (iii) harmony of architectural design
with other strucrures within St. Finnbar Farm, (iv) height and other design features, (v) Iocation with
respect to topography and finished grade elevations, (vi) harmony of landscaping with the natural setting
and native ,Lgit"tlon, (vii) consistency with the Development Guidelines, and (viii) impacts on wildlife'
wetlands and riParian areas.
5.g Rules and Regulations. The SARC may promulgate and adopt rules and regulations
necessary to implement the provisions of this Section 5. These rules and regulations may include
submission requirements concerning the type of information, reports, plans and specifications and the like
which need to be submitted with uny uppii.ution, as well as site specific limitations or restrictions for any
or all of the Lots. These rules and regulations need not be uniform for each Lot and shall take into account
the unique characrer of each Lot. By way of illustration only and without requirement to do so, the SARC
rules and regulations may address and the SARC shall have the power and authority to regulate any or all
of the following: applicaiion procedures and processing fees; charges by any outside professionals or other
costs inciden, ,o "rrlu.ting
any application, bonds in the form of cash deposit, letter of credit or otherwise
regarding damage to the Road or other subdivision infrastructure and for revegetation and restoration of
lands; color and materials, including, but not limited to, roofs, chimneys, siding, masonry and glazing;
setbacks, heighr limitations, building profites and driveway locations; construction staging, construction
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hours which may be controlled during certain times of the year, storage for construction materials, location
of temporary .onrt*.tion facilities such as trailers, dumpsters and toilets; routing of utility extensions;
drainage, giading and erosion control; proposed landscape and native vegetation, fencing, lighting,
signagl, and trails; concerns or objectives regarding maintenance, preservation or enhancement of wildlife,
*itt"nOr and riparian areas; and privacy and visual characteristics. Such rules and regulations shall be
adopted, amended or replaced by affirmative vote of a majority of the SARC and the approval of
DeClarant; however, Declarant's approval shall no longer be required at such time as Declarant ceases to
be the Owner of any Lots in St. Finnbar Farm and Declarant may, upon written notice to the SARC,
sooner waive and release the requirement to obtain such approval as to any rules or regulations to be
adopted, amended or rePlaced.
5.9 Site and Architecrural Review Committee Not Liable. Neither the SARC, the Board, the
Association nor any of its Members shall be liable for damages to any person submitting any plans for
approval, or to any Owner or owners of lands within the St. Finnbar Farm, by reason of any action, failure
to act, approval, disapproval or failure to approve or disapprove any plans. The SARC shall have no
liability oi responsiUiiity for any representations made to any Owner or prospective owner by any third
parties. The dlcision of the SARC shall be governed by these covenants and any rules or regulations duly
adopted by the SARC pursuant to these covenants.
5. l0 Written Records. The SARC shall keep and safeguard complete and permanent written
records of all approved applications, including one set of the finally approved architectural and site
development plans, and of all actions of approval or disapproval and all other formal actions taken by it
under the pro'risions of this instrument.
5.11 Inspection and Compliance. The SARC shall have no dury or obligation to make
inspections of any cbnstruction; however, nothing herein shall prevent the SARC from making inspections
prilr to or after completion of any constmction. Upon the completion of any work for which approved
plans and specifications are required, the Owner shall give written notice of completion to the SARC'
Within thirry (30) days after riceipt of such notice, the SARC may inspect the work to determine its
compliance with the approved plans. If the SARC finds that the work was not done in substantial
.ornpliun . wirh the approved plans or any construction or change in narural conditions on any Lot was
undertaken without first obtaining approval from SARC, written notice shall be sent by the Board to such
Owner specifying the noncompliance and requiring the Owner to cure such noncompliance within thirty
(30) days or any exrension thereof granted. tf the Owner fails to cure the noncompliance or to enter into
an agreement to cure on a basis satisfactory to SARC within said thirry (30) day period or any extension
thereof as may be granted, the Association may, at its option, cause the noncomplying improvement to be
removed or the noncompliance to be cured. Upon demand, the Owner shall reimburse the Association for
all costs and expenses inturred by the SARC in taking corrective action, plus all costs incurred in collecting
amounts due, including reasonable attorneys' fees and costs and any amounts not paid shall become_an
Assessment and be secured by an Assessment Lien. Notwithstanding any other provision hereof, the SARC
shall not be responsible for: (i) determining that any construction or construction documents conform to
applicable building codes, zoning or othei land use regulations, (ii) for the accuracy or content of a.ny
construction documents or specifications prepared by any architect, engineer or any other person, (iii)
construction means, methods, techniques, iaquanaat or procedures, safety precautions or subsequent loss,
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damage or fairures due to soil or any other natural or man-made conditions that may exist, or (iv) any
failure to carry out any construction in accordance with plans or specifications'
6. ASSESSMENTS.
6.l Purpose of Assessments: Assessment Lien' All Members of the Association hereby
covenant and agree, and each owner uy u.fr-run".-or" oeed to a Lot, including public tmstee or sheriff's
deed, is deemed to covenant and agree, to^pay the Association both Annual Assessments and Special
Assessments, all such Assessments and charies to be established and collected as hereinafter provided'
Annual Assessments and Special Assessments]togettrer with interest, costs, and reasonable attorneys' fees'
shalr be secured by a lien (the ',Assessment L-ien") on the Lot to which they relate in favor of the
Association, which shall be a continuing servitude and lien upon the Lot against which each such
Assessmenr or charge is made. The Asselsment Lien shall be a charge on the Lot, shall attach from the
date when the unpaid Assessmenr or charge shall become due, shall be a continuing lien upon the Lot'
together with interest, costs and reasonabie attorneys' fees, and shalt be the personal obligation of the
owner of such Lot at the time the Assessment became due. where there is more than one owner' each
shall be jointly and severalty liable for all Assessments. The Assessment Lien may be foreclosed by the
Association in the same manner as a mortgage on real property' The Association shall be entitled to
purchase the Lot at any foreclosure sale. Tlie !r.n"t of iny Lot (i'e" purchaser or other transferee) shall
be jointry and severaliy liabre with his grunto, 1i..., seller or other ransferor) for ail unpaid Assessments
or other proper charges due the Association piio, ,o, as well as subsequent to' the date of the recording
of the conveyance without prejudice to the rijhts of said grantee to recover from grantor any Assessments
paid. Notwithstanding the preceding, no Moitgagee shali be personally liable for any Assessment or other
proper charges due the Association, except in the event such Mortgagee shall acquire title to the Lot
through a foreclosure or deed in lieu of ioreclosure or otherwise and under such circumstances' the
Mortgagee shall rhen be liable for Assessments or other proper charges due the Association arising on or
subselu-ent to the date such Mortgagee became the record owner of the Lot.
6 .z Annual Assessments. Commencing, at the choice of Declarant, with the year in which this
Declaration is recorded or at such time as Declaiant shall close on the first sale of a Lot' an Annual
Assessment shall be made against each Lot based upon an annual budget approved by the Board for the
purpose of paying Common Expenses or services allocated to certain or all Lots together with reserves for
operating deficiencies, a sinkin! fund for capital improvements or any other matters reasonably determined
by the Board to be the subjeci of an Annual Assessment. The Association may undertake to provide
Association functions or services for the benefit of.all, or some Lots on such basis as the Board may
reasonably determine. Such function, ,nuy be provided by the Association's employees or an independent
contractor retained by the Association. With respect to any Association functions or Services' the Board
may establish "special cost centers" for the operation thereof. A special cost center shall mean the
identifrcation and aggregation of all costs reaionably estimated by the Board to be attributable to a
particular function oi seruice. where special cost centers are established, the Board shall have the
discretion, based on benefits received, to determine which Lots shall be assessed for such benefits and what
amounts shall be paid by each such Lot'
6.3 Special Assessments. In addition to the Annual Assessment authorized above' the
Association may levy, in any Assessmentperiod, a special Assessment for the purPose of defraying' in
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whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital
improvement, or for other extraordinary expenses.
6.4 Rate of Assessment. Except as otherwise provided herein, Annual Assessments and Special
Assessments shall be fixed based on the amount of the Assessment divided by the number of Lots that are
obligated to pay Assessments, and may be collected on a yearly basis or more often as the Board so
determines. Where services are rendered to some but not all Lots, assessments will be charged to Lots
participating in or receiving benefits on such basis as the Board may determine. The Class "B"
membirship reserved to Declarant shall not have any obligation to pay Assessments and this provision may
not be amended or replaced without the written consent of Declarant.
6.5 Establishment of Annual Assessment Period. The period for which the Annual Assessment
is to be levied (the "Assessment Period") shall be the calendar year, except that the first Assessment Period
shall, at the choice of Declarant, cornmence upon the recording of this Declaration or at such time as
Declarant shall close on the first sale of a Lot and shall end on December 31 of such year. The Board in
its sole discretion from time to time may change the Assessment Period. The Board shall fix the amount
of the Annual Assessment against each Lot at least thirty days in advance of the end of each Assessment
period. Written notice of the Annual Assessment shall be sent to each Member. Failure of the Association
timely to fix the Annual Assessment or to send a bill to any Member shall not relieve the Member of
liabiliry for payment of any Assessment or charge. The due dates for payment of any Assessments shall
be established by the Board.
6.6 Effect of Nonpayment. Any Assessment or charge or installment thereof not paid when
due shall be deemed delinqu.nt and in the discretion of the Board may bear interest from and after the due
date until paid at a rate set ty the Association, but in no event greater than applicable law. The delinquent
Member shall also be liable for atl costs, including attorneys' fees, which may be incurred by the
Association in collecting a delinquent Assessment. No Owner may waive or otherwise avoid liability for
the Assessments providid for herein by non-use of the benefits derived from Assessments or abandonment
of his Lot. No delinquent Member shall be entirled ro vore on any Association matters until the assessment
due, with interest and all orher costs, shall be paid in full. Where assessments due from any Member are
more than six (6) monrhs delinquent, the Asiociation may temporarily cut off any or all Association
services or benefits, until all delinquent assessments are fully paid.
6.7 Assessment Lien. This Declaration shall constitute the Assessment Lien and no further
action need be t"frn Uy tn. nssociation to evidence or perfect said Assessment Lien against any Lot.
Notwithstanding the preceding, the Association may also record a Notice of Delinquent Assessment against
any Lot ", to *hi.h in Assessment is delinquent. The Notice shall be executed by an officer of the Board,
set forrh rhe amounr of the unpaid Assessminr, the name of the delinquent owner and a description of the
Lot. The Board may establish a fixed fee to reimburse the Association for the Association's cost in
preparing and recording such notice, processing the delinquency and recording a release of said lien, which
fixed fee shall be trealed as part of tn. delinquent Assessment secured by the Assessment Lien' The
Association may bring "n ""iion at law against the Owner personally obligated to pay the delinquent
Assessment and/or foreclose the lien against said Owner's Lot.
6.8 prioriry of Lien. The Assessment Lien provided for herein shall be subordinate only to:
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(a)Liens for general taxes, special taxing districts and other public charges.
Except as provided in (c) below of this Section, a ftrst lien Mortgage.
The Assessment Lien shall have a priority over a first lien Mortgage to the extent
(b)
(c)
of six (6) months of Assessments ptus attorney fees, costs and interest therein at a rate fixed by
the Association. The prioriry allowed herein for the Assessment Lien is limited to an amount not
to exceed the average monthly Assessment during the Association's fiscal year immediately
proceeding multiplied by six (6), plus attorney fees, costs and interest as aforesaid. The amount
of the Assessment Lien in excess of the allowed prioriry shall be prior and senior to any Mortgage
affecting a Lot other than a first lien Mortgage. The prioriry created in this subsection (c) follows
the provisions of CCIOA and should the provisions of CCIOA be amended, then the provisions
of this subsection (c) shall be amended automatically.
6.9 Statement From Association. Upon written request and payment of such reasonable fee
as may be set by the Association, the Association shall issue a written statement to any grantee or
Mortgagee verifying the status of all Assessments or charges affecting the Lot. Any statement as to the
existence or amount of any delinquencies shall, absent manifest error, conclusively bind the Association.
6.10 Assessments for Tort Liabilir.v. In the event of any tort liability against the Association
which is not covered completely by insurance, each Owner shall contribute for the payment of such liabiliry
as a Special Assessment. The Association may, however, require a larger contribution from fewer than
all Owners under any legal or equitable principles regarding liabiliry for negligent or wilful acts or
omissions.
7.INSURANCE.
7.1 Types of Insurance. The Association shall obtain and keep in full force and effect the
following insurance coverage, if appropriate:
(a) Property and fire insurance with extended coverage and standard all-risk
endorsements, including vandalism and malicious mischief, on any Association property' The total
amount of insurance, after application of deductibles, shall be 100% of the replacement value of
the insured property exclusive of land, foundations and other items normally excluded from
property policies.
(b) Public liabiliry and properry damage insurance, including medical payments insurance,
in an amount to be determined by the Board, covering all occurrences commonly insured against
for death, bodily injury and property damage arising out of or in connection with the ownership,
operation, maintenance or other use of Association properry. This policy shall also cover operation
of automobiles or other vehicles or equipment on behalf of the Association.
(c) Workmen's compensation and employer's liabiliry insurance in the amounts and in the
forms required by law.
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(d) Fideliry coverage against the dishonesry of employees, destruction or disappearance
of money or securities, and forgery. This policy shall also cover persons who serve the
Association without compensation.
(e) Coverage of members of the Board and officers of the Association against libel,
slander, false arrest, invasion of privacy and errors and omissions and other forms of liability
generally covered in officers and directors liability policies.
failure.
(f; If applicable, insurance against loss or damage to persons or property for ditch or dam
(g) Coverage against such other risk of a similar or dissimilar nature as the Board deems
appropriate.
(h) Notwithstanding the preceding, the Association shall be permitted to omit any of
the coverage described in (d) or (f) above where premiums are unreasonably expensive or the
coverage is not available in this geographic area or the coverage is not offered by a carrier of
sufficient credit rating.
7.2 Named lnsured and Interests. The Association shall be the named insured under each of
said policies. Where appropriate, the named insured may be any ditch or reservoir company owned or
controlled by the Association or the officers and directors of the Association or the officers and directors
of any ditch or reseryoir company owned or controlled by the Association. Policies of insurance shall also
name Declaranr as an insured so long as it shall retain any interest in St. Finnbar Farm. Where the Board
deems it appropriate, individual Owners may also be named insureds. The certificate or memoranda of
insurance, duplicate originals of all policies and renewals, and proof of payment of premiums shall be
issued to the Association, and upon request, to Declarant and to any Owner who is a named insured or to
any Eligible lvlortgage Holder.
7 .3 Insurance Proceeds. The Association shall receive the proceeds of any insurance purchased
by the Association. In the event of damage or destruction due to fire or other disaster, if the insurance
pioceeds are sufficient to reconstruct the improvements, the Association shall promptly cause such
reconstruction to occur. If the insurance proceeds are not sufficient for such purpose, the Association may
levy a Special Assessment against the Owners for such deficiency.
8. GENERAL RESTRICTIONS.
8.1 Residential Uses. Each Lot shall be used only for residential purposes and such accessory
or incidental uses thereto as may be permitted under applicable zoning, consistent with this Declaration.
No commercial activities may be conducted on any Lot. Notwithstanding the preceding, home occupation
uses as defined by applicable land use regulations of the County shall be permitted on any Lot. On each
Lot there shall be constructed only one single family residence and such accessory or incidental structures
as may be permitted by the Counry in accordance with its land use regulations and as approved by the
SARC. Accessory Dwelling Units("ADUs") shall be permitted on any Lot at least four (4) acres in size
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as long as each ADU otherwise complies with the standards applicable to ADUs set forth in Garheld
Counry Zoning Resolution of 1978, as amended.
8.2 Approval Resolutions. All improvements constructed on any Lot and the use thereof shall
be in accordance with the terms, provisions and conditions of the Plat, Approval Resolutions and any
amendments to said plat or resolutions.
8.3 Wetland Areas. AII Wetlands Areas within St. Finnbar Farm shall be managed by the
Association. The Association shall use reasonable efforts to protect against damage or loss to Wetlands
Areas; however, such obligation shall not extend to changes in the course of the Roaring Fork River. No
livestock or horse grazing shall be permitted in Wetland Areas except where such activiry has historically
occurred. Where a dispute shall occur as to what constimtes historical livestock or grazing areas, the
determination of the Association shall be binding on all Owners. Wildlife nesting areas within Wetland
Areas shall be preserved. There shall be no removal or cutting of trees or other vegetation, whether dead
or alive, standing or fallen, within Wetland Areas except where the consent of the Association shall first
be obtained and the Association shall withhold such consent where nesting or other wildlife habitat areas
would be threatened. The Association may also undertake wildlife enhancement within Wetland Areas
including, but not limited to, shrub plantings and screenings and pothole development for waterfowl and
weed control; provided however, the use of herbicides and insecticides in Wetland Areas shall be
prohibited.
8.4 Mapoing. At the request of any Owner, Ivlortgagee or any person contemplating the
purchase of a Lot, Declarant, for so long as it may appoint and remove members of the Board as allowed
under Section 4.2 below and thereafter the Association shall have the right to provide Owners, Mortgagee
or prospective purchasers of Lots with a map locating thereon any one or more of the following: (i)
Development Activity Envelope, (ii) any Wetlands Areas, (iii) any historical livestock or grazing areas ,and
(iv) any historically irrigated lands which map shall be binding on Declarant and the Association and may
be relied upon by the Owner, Mortgagee or prospective Lot purchaser. As a condition precedent to the
preparation of such map, the Orvner, Mortgagee or prospective purchaser shall, if requested by Declarant
or the Association as applicable, prepay the estimated cost for the preparation of such map.
8.5 Permitted Activir.v Within Open Spaces. Activities that may occur within Open Space
Areas includes driveways, utiliry extensions, pasure and grazing of livestock. In addition, the Association
may establish, construct and maintain private trails through Open Spaces where Owners, their family
members, guests and invitees shall have a non-exclusive pedestrian access to passively observe wildlife and
Wetlands Areas. Owners of Lots burdened by this easement shall, subject to all the terms, restrictions and
limitations set forth in this Declaration, retain the right to use the easement and lands beneath and airspace
above for all purposes which do not unreasonably interfere with the enjoyment of the rights herein granted.
Owners, their family members, guests and invitees hereby assure any risk associated with the use of this
pedestrian access. Use of this pedestrian access by members of the public is prohibited.
8.6 Doss. One (1) dog may be maintained by Owners inside residences or within escape proof
kennels. No kennel may be constructed by an Owner unless the precise location, design, materials and
color shall first be approved by the SARC. Approved kennels shall be kept in good repair by Owners.
A kennel may include an electric fence where the fence is kept in good operating order and the dog is
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properly trained to adhere to the electric fence boundaries. Owners may take dogs outside kennels or
residences provided that a leash is used at all times to keep the dog under positive control. Under any
circumstances, the dog must be confined with the boundaries of the Lot. Under no circumstances may dogs
be allowed to run at large or harass wildlife. Dogs may be prohibited temporarily or seasonally from any
sensitive or critical wildlife areas of St. Finnbar Farm. Workers at construction sites on any Lots, as well
as guests, employees or caretakers of Owners are all strictly prohibited from bringing any dogs onto St.
Finnbar Farm. The Association and its employees or agents are hereby authorized to enforce the
restrictions set forth herein with respect to dogs, including, in the worst cases, capnrre and permanent
removal or destruction and the promulgation of a schedule of fines to be imposed on Owners for violations
of these restrictions.
8.7 Other Pets. Owners shall be allowed to maintain household cats. Pets, other than dogs
and cats, shall be permitted on St. Finnbar Farm subject to obtaining the prior approval of the Association,
which approval may include conditions or rules as to maintaining such pets. The Association may prohibit
altogether the maintenance of certain pets on St. Finnbar Farm lands.
8.8 Horses. Subject to limitations regarding Wetlands Areas, Owners shall be entitled to
maintain horses on Lots and utilize lands on Lots for pasture or other equestrian activities.
Notwithstanding the preceding, the Association may, with respect to each Lot, promulgate rules as to the
number and location of horses that may be kept on each Lot and such other matters relative to maintaining
horses and the utilization of pasrure lands as the Association shall reasonably determine. Grazing shall be
limited to historic hay fields and individual catch pens shall be limited to 7,500 sq. feet.
8.9 Other Livestock. No livestock, other than horses, shall be permitted on any Lot without
first obtaining the approval of the Association. Nothing herein shall obligate the Association to approve
Iivestock, other than horses, on any Lot. Any approval granted by the Association shall be subject to the
grazing conditions and catch pen size applicable to horses and such other conditions as the Association may
reasonably determine.
8.10 Further Subdivision. No Lot shown on the'Plat shall ever in the furure be subdivided by
an Owner into smaller parcels or conveyed or encumbered in any less than ttre full dimensions shown on
the Plat; provided, however, conveyances, easements or dedications for utilities may be made with regard
to less than a Lot.
8.l1 Boundary Line Adjustments by Owners. Nowithstanding the provisions of Section 8.9
above, a boundary line adjustment by Owners between two Lots shall be permitted provided that the
approval of the Association and the County is frrst obtained and the Owners desiring such adjustment shall
pay all reasonable costs incident thereto, including the preparation, approval and recording of an amended
Plat as may be required by the Counry, Declarant or Association.
8.L2 Utilities. With respect to development by Owners on any Lot, all electrical, gas, telephone
and other utiliry pipes or lines shall be buried underground and shall not be carried on overhead poles or
above the surface of the ground. Any areas of natural vegetation or terrain disturbed by the burying of
utility lines shall be revegetated to SARC standards by and at the expense of the Owner causing the
installation of the utilities no later than the next growing season following such installation.
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g.l3 Enclosure of Unsightly Facilities and Equipment. All unsightly facilities, equipment and
other items, includihggt not limited to those specified below, shall be enclosed within a covered
structure. Any motoihome, trailer, boat, truck (other than a pick-up truck), tractor, garden equipment
and any similar items shall be kept at all times in an enclosed garage except when in acrual use. Any refuse
or trash containers, utiliry ."t"r, or other facilities, service areas, or storage piles shall be enclosed within
a strucnrre or appropriately screened from view by planting or fencing approved by the SARC and
adequate to "onc."l
tt",a*. No lumber, metals, boat materials, abandoned cars, scrap, refuse or trash
shaliue kept, stored or allowed to accumulate on any Lot, except building materials during the course of
construction and only for such reasonable periods of time as is necessary prior to their collection or
disposal.
g.l4 Satellite Dishes. Satellite dishes shall be permitted on Lots subject to obtaining any
requisite Counry land use approvals. Owners desiring to install satellite, relay, up-link or other
communication dishes or facilities shall first obtain approval from the SARC. Any proposal for a dish or
other facilities by Owner shall also include a plan for berming, screening, fencing and planting so as to
conceal the dish or other facilities. plans for any dish or other facilities shall include details as to location,
size, color, installation, maintenance and other specifications as the SARC may reasonably require.
g.l5 Hunting and Firearms. The discharge or shooting of firearms is prohibited, except by
employees or agen6 ;athe Association in connection with wildlife management or predator control'
g.16 Drainase and Erosion Control. No Owner shall do anything which shall impair or
adversely affect the natural drainage on ,ny Lot without the consent of the SARC. No Owner shall divert
drainage or irrigation water onto another Lot, or deprive any other Lot of its natural drainage course'
g.17 pest Control. No Owners may engage in any pest control activities outside any residence
or other stmcrure *ithout h"uing first obtained the written approval of the Association. The Association,
consistent with this Declaration, may grant or withhold any such approvals. In the granting of any
approval, the Association may impose conditions on any pest control, including the techniques, devices or
chemicals thar may be employed. All pest control shall be implemented at the expense of such Owner'
g.1g Offensive Activiw. No noxious or offensive acriviry or sound shall be conducted on any
portion of St. firot.r f.r* at any time, nor shall anything be done or permitted which may become a
nuisance to, or unreasonably distuib, Owners of any Lots, or be injurious to the reputation of St' Finnbar
Farm.
g.19 No Minins. Drilling or Ouarrvins. Mining, quarrying, tunneling, excavating or drilling
for any substances within the earth, inctuEng oil, gut, minerals, gravel, sand, rock and earth, shall not be
permitted within the limits of the St. Finnbai Farm. Drilling of individual water wells shall be permitted
ty Owners of Lots in accordance with the provisions of this Declaration. Drilling of a water well for fire
protection purposes shall also be permitted by Declarant or the Association in accordance with the
provisions if tfrir Declaration. Nowithstanding the preceding, excavation of rock and earth shall be
permitted by Declarant in the course of the construction or development of St. Finnbar Farm infrastrucure
or as necessary ro carry out the Approval Resolutions or by the Association in the performance of any of
its duties or obligations.
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8.20 Irrieated Lands. Subject to the legal and physical availability of water, historically
irrigated lands on St. Finnbar Farm shall be irrigated by the Association utilizing ditch rights conveyed by
Declarant. The Association's determination of what constitutes "historically irrigated lands" shall be
conclusive. The Association shatl make reasonable efforts to minimize the loss or dry up of historically
irrigated lands associated with development of Lots. The Association may also provide irrigation water
to areas of Lots that have not been historically irrigated; provided however, historically irrigated areas shall
have a first prioriry as to available water. Irrigation shall occur via the existing ditch system, additions
thereto or via the use of ponds, pipes, pumps, sprinklers or similar devices or equipment.
8.21 Completion of Consrruction. Any construction activity on any Lot in St. Finnbar Farm
shall be completed and fully cleaned up within eighteen (18) months from its commencement or a variance
shall be obtained from the SARC to allow for a longer period of construction upon proof of due diligence.
8.22 Fireplaces. No open hearth solid-fuel fireplaces shall be allowed within St. Finnbar Farm.
One (1) "new wood stove" as defined under Colorado Revised Statutes 25-740I, et. seg. and the
regulations promulgated thereunder shall be allowed in each dwelling unit. All dwelling units shall be
allowed an unrestricted number of natural gas burning Stoves and appliances.
8.23 Driveways.
(a) Driveway design, location, surfacing material and construction methods, including,
without limitation, application of an approved dust suppressant, shall be approved by the SARC
and shall be in compliance with any applicable provisions of the Approval Resolutions. The
Owner whose Lot is being served by a particular driveway shall be responsible for ongoing dust
control of the private driveways and shall treat the driveways with dust suppressants approved by
the SARC.
(b) The design and construction of driveways shall comply with the Counly standards
and specifications governing driveways.
(c) All access driveways from the Road shall be constructed at the expense of the
Owner whose Lot is being served by that particular driveway. Provided that the access driveway
is constructed to SARC approved standards, the Association shall be responsible for the
snowplowing of such driveway. Costs of snowplowing access driveways shall be charged as a
special cost to Owners based on the length of each such driveway and other conditions peculiar to
each driveway. Except as to snowplowing, Owners shall remain responsible for the maintenance
and repair of access driveways to their individual homesites.
8.24 Damase by Owners. Each Owner is responsible for any damage caused to the Road,
ditches, fences, natural draining courses, utilities, Association property, or to other Lots or property
thereon during the construction of improvements upon his Lot by any vehicle belonging either to him or
any one using the roads of St. Finnbar Farm while engaged in any activity benefitting the Owner' Each
Owner shall also be responsible for any damage caused by utility cuts in roads, washouts and runoff
damage caused by failure to properly install culverts, and to repair any such damage in a timely manner.
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8.25 Fence Criteria. All fences to be erected by Owners within shall be approved by SARC
and shall be in harmony with the nature, setting and surroundings of St. Finnbar Farm. No fences shall
be erected in Open Space Areas. Notwithstanding the preceding, the following fencing criteria shall apply
to all Lots in St. Finnbar Farm:
(a) Metal fencing shall not exceed forry-two inches (42") in height and shall be four
strand or less.
(b) Wood fencing shall not exceed forry-eight inches (48") in height and shall be three
(3) rails or less.
(c) Notwithstanding the preceding, fencing enclosing haystacks shall be at least eight
feet (8') high and shall be approved by SARC.
8.26 Limits on Vehicles. The Association shall have the auttrority to promulgate such and
regulations as shall be necessary for safety purposes with respect to the operation of motor vehicles on St.
Finnbar Farm lands.
8.27 Siens. The Association shall have the right to post signs on any Lots prohibiting
trespassing or hunting, to protect boundary lines, wildlife, Wetlands Areas or for any other purposes
consistent with this Declaration.
8.28 Compliance with Permits. Declarant has obtained a Special Use Floodway Permit from
the Counry and a Nationwide Wetlands Permit from the U.S. Corps of Engineers (the "Permits") for
vehicular access across floodways: (i) from St. Finnbar Farm Road across Lot 5 to serve Lots 5 and 6 and
(ii) from St. Finnbar Farm Road across Lot 4 and a portion of Lot 8 to serve Lot 7 and (iii) from St.
Finnbar Farm Road across Lots 9 and 10 to serve Lots 8, 9, 10 and 11. Owners of the benefitted Lots
shall be responsible for compliance with the terms, provisions and conditions of such Permits and such
compliance may be enforced by the Association. Owners of Lots benefitted by the Permits shall have
easements over and across so much of the Lots burdened by said Permits as shall be reasonably necessary
to perform any compliance obligations thereunder.
8.29 Exterior Liehtine. All exterior lighting shall be the minimum amount necessary and all
interior lighting shall be directed inward, towards the interior of St. Finnbar Farm, excePting safety
lighting which may go beyond the boundary of St. Finnbar Farm.
8.30 Wildfire Protection. All residential construction will be consistent with the Colorado State
Forest Services (CSFS) recommendations for construction of homes contained in the CSFS publications
"Wildfire Protection in the Wildland/Urban Interface" and "Model Regulations for Protecting People and
Homes in Subdivisions and Developments".
8.31 Noxious Weeds. Control of noxious weeds is the responsibiliry of each Lot Owner. The
Association shall determine what constiutes "noxious weeds". The Association may impose conditions
on any weed control activities, including techniques, devices or chemicals that may be employed. Where
a Lot Owner fails or refuses to perform adequate noxious weed control, as determined by the Association,
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the Association may enter upon such Owner's Lot; perform the necessary weed control and assess the
Owner for the cost thereof under the "special cost centers" provisions of Section 6.2.
g. EASEMENTS AND RIGHTS RESERVED.
9. 1 Easements Described on Plat. All of St. Finnbar Farm is subject to the easements shown,
created, reserved or granted on ttre Plat.
g.Z Development of St. Finnbar Farm. Declarant reseryes the right for itself (and to the
extent necessary,,*t iigtt is hereby extended to the Association) and its agents, employees and
contractors, to enter upon St. Finnbar Frrm to do whatever Declarant deems necessary or advisable in
connection wirh any ,utdiririon improvements, including, but without limitation, fire protection, drainage,
irrigation, the installation of utitities, the construction of all roads, grading and landscaping, construction
of all amenities, the erection or placement of such temporary structures as may be reasonably necessary
to facilitate such development, and the placement of such signs as Declarant may deem advisable in
connection with the sale of the Lots.
g.3 Ditch Easements. There is hereby reserved to the Association easements for all existing
ditches over and across St. Finnbar Farm and "n...u seven feet (7') on either side of the centerline of said
ditches for the maintenance and repair thereof'
g.4 Utility Easements. Declarant hereby reserves rights: (a) to grant nonexclusive easements
for undergrounO utititi.r, in.trding, without limitation, for the installation, maintenance, repair and
replacement of lines, pipes, wires, conduits and other facilities or systems and for ingress and egress to and
from the same over and across St. Finnbar Farm except within designated Development Activity
Envelopes, and (b) without extinguishing the aforementioned general easement, from time to time to
substitute one or more specific easement; for the use by utility companies or others by recording of an
instrument in the real estate records of the Counry. Unless the written consent of Declarant is first
obtained, utiliry companies shall have no right to use easements over St. Finnbar Farm to serve properties
adjacent to st. Finnbar Farm. Where Declarant shall grant any easements to utiliry companies to serve
properties adjacent to St. Finnbar Farm, Declarant shall be entitled to receive any consideration paid by
such adjacent property owner or the utility company for such easement.
9.5 Fire protection. A shallow infiltration well for fire protection purposes shall be constructed
by Declarant in the center of the circle at the end of the Road. Thereafter the well shall be maintained and
repaired by the Association.
g.6 Operations Easements. There is hereby reserved to Declarant and the Association the
right from time to tir". io .nt , upon Lots, to perform or carry out any of the St. Finnbar Farm operations,
including ditch maintenance, wiiOtife and Wetlands preservation or enhancement and any other actions
,ruron"bly required to carry out Association functions, duties or services'
9.7 Emergency Access Easements.
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(a) There is hereby reserved a permanent and perpetual emergency access easement
over and across St. Finnbar Farm as shown on the Plat, said easement being for emergency access
to those Lots served by said easement'
(b) A nonexclusive easement for ingress and egress is hereby granted to all police,
sheriff, fire protection, ambulance and other emergency agencies servicing St. Finnbar Farm and
its residents.
9.8 Road Easement. There is hereby reserved a permanent and perpetual easement for the
Road over and across St. Finnbar Farm as shown on the Plat, said easement being for the purpose of the
construction, maintenance, repair and replacement thereof and for the installation, maintenance and repair
of underground utilities and for such other purposes as are provided in this Declaration. Declarant hereby
permanently and perpetually dedicates the Road for the use, benefit and enjoyment of all Owners, their
iamily members, guests and invitees and for use by employees of the Association. Once constructed by
Declarant, the Association shall be responsible for the maintenance, repair and replacement of the Road
including snowplowing. Declarant or the Association shall have the right to install security or entry gates,
security gate house, fences, signage, speed bumps or dips, culverts, guard rails and the like.
g.g Easements for Central Water System. Each of the Lots in St. Finnbar Farm is to be served
by an individual well to be installed by Owners; provided however, should circumstances change where
the besr interests of Owners of Lots in St. Finnbar Farm would be served by the installation, operation and
maintenance by the Association (or another entity performing such function) of a central water system,
there is hereby reserved for such system easements ttre utility easements reserved under Section 9.4 above.
9. 10 Easement and Fence Maintenance Oblisation. Reference is made to the easement described
as "parcel l " in that certain Agreement, Easement Grant and Mutual Release recorded in Book 697 atPage
616 of the real estate records of the County, excepting that portion of said Parcel "B" conveyed to Ralph
L. Braden by deed recorded in Book 725 atPage792. The foregoing instrument resolved a boundary
dispute between porrions of St. Finnbar Farm and adjacent Ranch at Roaring Fork. Declarant hereby
.onr.yr to the Association all right, title and interest of Declarant in and to said instrument and easement
created thereunder and the Association shall be responsible for the fence maintenance obligations set forth
in said instrument.
9.11 Fishine Easement. With respect to the Roaring Fork River, Lots 7, 8,9 and 10 shall be
subject to a fishing easement recorded in Book
-,
Page
-,
8S Reception No.
-
of the real
estate records of Garfield County, Colorado, and Lotl l shall be subject to a fishing easement recorded in
Book _, page _, as Reception No.- of the real estate records of Garfield Counry,
Colorado. Said f,rshing easements grant to the public non-exclusive easements that extend five (5) feet
horizontally along the ground above the high water mark along the bank of the Roaring Fork River for
purposes of fishing.
9.lZ Ownershio of Easements. Any easements or rights reserved by Declarant in Sections 9.2
and 9.4 above shall remain vested in Declarant until such time as Declarant has executed and delivered an
instrument in writing transferring the same to the Association or any successor or assign of Declarant'
Where the instrument recites it is a complete transfer of a particular easement or right, Declarant shall be
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relieved from all continuing responsibilities therefore. With respect to any St. Finnbar Farm easements
creared by this Declaration that benefit the Owner of any Lot, no such easements may be vacated,
exringuished, impaired or limited (other than temporary limitations for maintenance, repair or
replacement), except upon the written consent of the Owner of such Lot and any Eligible Mortgage Holder
thereon, and notwithstanding the provisions of Section 14.2 below, no amendment to this Declaration may
repeal or change this requirement except upon the written consent of all Owners and all Eligible Mortgage
Holders.
WATER RIGHTS.
10.1 Individual Wells. Owners of Lots shall be permitted to drill and operate one exempt well
(the "Well") for ordinary household purposes as provided in C.R.S. 937-92-602(1)(b), as amended. Each
Lot has obtained a well permit ("the Permit") from the Colorado Division of Water Resources. The
consrruction and use of each Well shall be subject to the conditions of the Permit appurtenant to that Lot.
Owners shall be responsible for the payments of all costs associated with the drilling, development,
operation, repair, maintenance and replacement of the Well.
10.2 Basalt Water Conservancy Contracts. Declarant will obtain, for the benefit of each of the
Lots, contracts (the "Contracts") from the Basalt Water Conservancy District for purposes of augmentation
of all Wells existing or to be developed thereon as more fully set forth in Section 10.1 above. In lieu of
separate Contracts for each Lot, the Association (on behalf of all Lot Owners) may enter into a master
Contract (the "Master Contract") with the Basalt Water Conservancy District for purposes of augmentation
of the Wells existing or to be developed on Lots as more fully set forth in Section 10.1 above. The
Association shall be responsible for all payments due and to become due under the Contracts or Master
Contract, as the case may be, and shall otherwise administer the Contracts or Master Contract for the
benefit of all Owners. Where applicable Owners shall perform those obligations under the Contracts or
Master Contract required to be performed with respect to such Owner's Lot. Should the Association
reasonably determine that the centralized administration of the Contracts is not in the best interests of St.
Finnbar Farm and provided any consents required under the Contracts have first been obtained, the
Association may assign the Contracts to the Owners of each Lot benefitted thereby and from and after the
date of such assignment the Association shall be released from all further responsibility thereunder. Either
the Association or individual Owners, as applicable, shall be responsible for obtaining any extensions or
renewals of the Contracts.
10.3 Water Rishts Reserved. Ownership of any Lot in St. Finnbar Farm excludes all reservoir
and reservoir storage rights, water and water rights, ditch and ditch rights, spring and spring rights, ground
water and ground water rights, all of which are reserved to the Association, excepting only the right
reserved to each Lot for one exempt well as provided in C.R.S. 537-92-602(1)(b), as amended, which right
shall be subject to the terms, provisions and conditions of this Declaration.
10.4 No Impairment of Water Rights by Owners. Notwithstanding that Owners of Lots are
entitled to obtain individual wells and the individual water rights appurtenant thereto, in no event shall
Owners be entitled to have any standing, by virtue of ownership of said individual wells and water righs
appurtenant thereto, to object to any application for an individual well permit by another Owner or any
water rights application that may be filed by the Declarant or Association with respect to any water rights
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2l
10.
reserved to Declarant or owned by the Association so long as such application does not seek to transfer
or divert such water rights off St. Finnbar Farm or threaten injury to the Wells reserved to any Lots. Each
Owner hereby irrevocably constitutes and appoints Declarant or the Association its attorney-in-fact to file,
join in or object as Declarant or the Association deems appropriate in its sole discretion to any water rights
application affecting St. Finnbar Farm.
11. SEWER SERVICE DISCLOSURE. Pursuant to the Sewer Service Agreement, sewer
service to St. Finnbar Farm is provided by the Ranch Association which is a private homeowners
association entitled to establish rules and regulations for the provision of such service but which is not
subject ro rules or regulations affecting public utilities. Declarant does hereby assign to the Association
the Sewer Service Agreement and the Association, by execution of this Declaration, hereby accepts said
assignment and hereby assumes each and all of Declarant's obligations and rights under said Sewer Service
Agreement. Without limit to the powers of ttre Association granted under Section 4.9 above, the
Association shall have such lien and assessment rights and the power to enforce such lien and assessments
as shall be sufficient to allow the Association to meet its obligations under the Sewer Service Agreement,
including the power to levy and collect assessments for such purpose without need for Member approval.
Declarant hereby conveys to the Association all right, titte and interest of Declarant in and to that certain
Sewer Easement Agreement recorded in Book _ at Page
-
of the real estate records of the County,
which easement is intended to allow St. Finnbar Farm to obtain sewer treatment service from the Ranch
Association.
tZ. COLORADO IS A RIGHT-TO-FARM STATE. Colorado is a "Right-to-Farm" State
pursuanr to Colorado Revised Stanrtes 35-3.5-101 et. seg. Landowners, including Owners of Lots in St.
Finnbar Farm, must be prepared to accept the activities, sights, sounds and smells of Garfield County's
agricultural operations (as defined in Colorado Revised Statutes 35-3.5-102(2)) as a normal and necessary
uip..t of living in a Counry with a strong rurai character and a healthy ranching sector. An agricultural
operation is not, nor shall it become, a private or public nuisance by any changed conditions in or about
the locality of such operation after it has been in operation for more than one year, if such operation was
not a nuisance at the time the operation began; except that this provision shatl not apply in the case of a
negligent operarion or when a change in operation would result in a private or public nuisance or when a
substantial increase in the size of operations occurs. In the event of any amendment to Colorado Revised
Statutes 35-3.5-101, this Section 12 of the Declaration shall automatically be amended to conform to such
amendment to said Colorado Stanrtes.
13. VARIANCES FROM DECLARATION. The Association may, by the majority vote of
the members of its Board, grant reasonable variances from the strict compliance with the provisions of this
Declaration in the case of undue hardship. The Owners of all of the Lots shall be given at least twenty (20)
days advance written notice setting forth the time and place of the meeting of the Board at which any
,.qu.rt for a variance is to be considered and describing the requested variance. Owners or their
representatives shall be afforded the opportunity to appear before the meeting of the Board and be heard
with respect to the requested variance. Separate procedures are provided in Section 5.6 and shall be
followed with regard to variances from architectural controls.
TERM. AMENDMENT AND TERMINATION OF COVENANTS.14.
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14.1 Term. The term of this Declaration shall be perperual.
14.2 Amendments. Commencing on the date of recording hereof and continuing until the
closing (i.e., recording of the deed) on the sale of the first nine (9) Lots by Declarant, the Declarant shall
have the absolute right to amend any provision of this Declaration, except as limited by Sections 9.12
above, provided that such amendment shall not adversely affect marketability of title to any Lot or
materially diminish the value of any Lot. In cases where any amendment does adversely affect
marketability of title or materially diminish the value of a Lot, such amendment may nevertheless be
adopted by Declarant, as allowed in the sentence immediately preceding so long as at the time such
amendment becomes effective: (i) Declarant shall be record owner of the Lot so affected and the affected
Lot is not the subject of any contract for sale or (ii) the written consent of the Owner (if other than
Declarant) or contract vendee has been obtained. By instrument signed by Declarant and duly recorded
in the real estate records of the County, Declarant may sooner relinquish its right to amend this Declaration
or make interpretations thereto as permitted in Section 16.1below. After the expiration of the period
described in the preceding sentence or earlier wrinen relinquishment by Declarant, if any, this Declaration
may, except as limited by Section 9.l2,be amended by a vote of not less than two-thirds (2/3) of the votes
entitled to be cast by the Members of the Association; provided that such amendment shall not adversely
affect marketability of title to any Lot or materially diminish the value of any Lot. Except as provided in
Section 9.12, the consent of Mortgagees shall not be required in order to amend this Declaration. Any
instrument amending this Declaration shall be duly executed by the Declarant or President and Secretary
of the Association, as the case may be, and recorded in the real estate records of the County.
Notwithstanding the preceding, no amendment shall be permitted that is inconsistent with any of the rights
granted, retained or reserved to Declarant hereunder or which attempts to enlarge or expand any obligation
of Declarant hereunder unless such amendment is consented to in writing by Declarant. Further, where
any amendment is not considered by Declarant or the Association in its reasonable judgment to be a
material change to any provision of this Declaration, such as the correction of a technical, drafting or
rypographical error, correction of some obvious omission, resolution of any conflict with applicable laws,
clarification of any ambiguous statement or the like, such amendment may be made at any time by
Declarant or the Association, without requirement to obtain the consent of any Owner or Mortgagee.
Notwithstanding any other provision of this Section 14.2, no amendment to this sentence or the provisions
of Sections 8.22,8.29,8.30 the first sentence of 8.31, Section 12 or 8.6 (to the extent that no more than
one dog is allowed on any Lot; that dogs shall be required to be confined within an Owner's Lot and that
enforcement provisions include removal of a dog as a remedy in the worst cases) shall be effective without
the written consent of the Counry having been obtained.
I4.3 Rule against Perpetuities. If any of the terms, covenants, conditions, easements,
restrictions, uses, limitations or obligations created by this Declaration shall be unlawful or void for
violarion of (i) the rule against perpentities or some analogous statutory provision, (ii) the rule restricting
restraints on alienation, or (iii) any other stautory or common law rules imposing like or similar time
limits, such provision shall continue only for the period of the lives of Richard D. Lewis, James M.
Mindling and Morton A. Heller, their now living descendants, and the survivor of them, plus twenty-one
(21) years.
14.4 Termination. This Declaration may be terminated only if all the Owners and Eligible
Mortgage Holders agree to such termination by an executed acknowledged instrument duly recorded in the
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real estate records of the Counry. This Declaration shall also terminate in the event of the taking of all of
St. Finnbar Farm by condemnation or eminent domain or abandonment or termination as provided by law.
14.5 Disbursement of Proceeds. Upon the termination of this Declaration, all property owned
by the Association shall be sold by the Association either in whole or in parcels as the Board may deem
appropriate. The funds shall be disbursed without contribution from one Owner to another by the
Association for the following purposes and in the following order:
(a) payment of all customary expenses of the sale;
(b) payment of all applicable taxes and special Assessment liens in favor of any
governmental authoriry ;
(c) payment of ttre balance of any liens encumbering Association property;
(d) payment of any unpaid costs, expenses and fees incurred by the Association; and
(e) payment of any balance to the Owners in the same proportion that they pay Association
Assessments; provided, however, there shall be deducted from any share due an Owner any
delinquent and unpaid Association Assessments.
15. CONDEMNATION. If any Association property is taken or condemned by any authority
having the power of eminent domain, all compensation and damages on account of the taking of the
Association Properry, exclusive of compensation for consequential damages to affected Lots, shall be
payable to the Association and such proceeds shall be used promptly by the Association to the extent
necessary for repair and reconstruction of remaining Association property in as substantial compliance to
the original plan of development as possible. If there is an award in excess of the amount necessary to so
substantially repair or reconstruct such remaining Association property, it shall, at the Board's discretion,
be either refunded to Owner on such basis or the Board deems equitable or retained by the Association for
such uses as it deems appropriate.
16. MISCELLANEOUS.
16. 1 Intemretation of the Covenants. Except for judicial construction, Declarant shall until the
closing (i.e., recording of the deed) on the sale of the first six (6) Lots, have the exclusive right to construe
and interpret the provisions of this Declaration. Thereafter, the exclusive right to construe and interpret
this Declaration shall rest with the Association acting by and through its Board. In the absence of any
adjudication to the contrary by a court of competent jurisdiction, the construction or interpretation of the
provisions hereof by Declarant, and thereafter the Association, shall be final, conclusive and binding as
to all persons and property benefitted or bound by this Declaration and provisions hereof. The provisions
of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the
development, operation and maintenance of St. Finnbar Farm.
16.2 Claims Reeardine Declarant. The Association shall have a period of one (1) year after
Declarant shall relinquish control of the Association, and individual Owners shall have a period of one (1)
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year after obtaining title to a Lot within which to assert by legal action or otherwise any claim, demand,
cause of action or lawsuit against Declarant in regard to St. Finnbar Farm. Nothing herein shall be
construed to limit, impair, diminish or bar any claim by the Association, Owners, Mortgagees, Declarant
or any other person with standing to bring such claim to ever assert by legal proceedings or otherwise any
claim, demand, cause of action or lawsuit against any engineer, architect, contractor, subcontractor,
supplier, materialman or other person involved in the design, installation, manufacture, assembly,
construction, operation, maintenance, repair or replacement of any subdivision improvements or
improvement to any Lots.
16.3 Sales Activity. Declarant may conduct, on St. Finnbar Farm, sales activity including, but
not limited to, the showing of Lots by Declarant or any sales agents, maintaining a sales or management
office or conducting promotional or marketing events or activities. Declarant may also maintain signs
advertising St. Finnbar Farm.
16.4 Conflict with Plats. In the event of any conflict or inconsistency between the provisions
of this Declaration and the Plat, including the plat notes thereon, the provisions of the Plat or plat notes,
as the case may be, shall govern and control and this Declaration shall automatically be amended, but only
to the extent necessary to conform the conflicting provisions hereof with the provisions of the Plat or plat
notes.
16.5 Riehts of Elisible Mortgage Holders. Any Eligible lvlortgage Holder shall be entitled to:
(a) upon request, inspect the books and records of the Association during normal
business hours;
(b) receive written notice of meetings of the Association where the consent of any
Eligible Mortgage Holder is required;
(c)
(d)
properry;
upon request, obtain copies of Association financial statements;
receive written notice of condemnation proceedings affecting any Association
(e) receive written notice of the lapse of any insurance that the Association is required
to maintain under this Declaration; and
(0 where the Owner of any Lot shall be deemed delinquent in the payment of any
Assessment, any Eligible Mortgage Holder of said Lot shall be given written notice of such
delinquency; provided however, no failure of the Association to give notice hereunder shall delay,
hinder or affect the Association's rights to collect upon said Assessment.
L6.6 Provisions Incorporated in Deeds. Each provision contained in this Declaration shall be
deemed incorporated in each deed or other instrument by which any right, title or interest in any Lot is
granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument.
25
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16.7 Number and Gender. Unless the context shall otherwise provide, a singular number shall
include the plural, a plural number shall include the singular, and the use of any gender shall include all
genders.
16.8 No Public Dedication. Except as expressly provided, nothing contained in this Declaration
shall be deemed to be a gift or dedication of all or any part of St. Finnbar Farm to the public or for any
public use.
16.9 Notices. Any notice permitted or required to be delivered as provided in this Declaration
shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall
be deemed to have been delivered three (3) days after a copy of the same has been posted in the United
States mail, postage prepaid for frrst class mail and addressed to the receiving party at the address last
given by such party to the Association. Any notice to the Association shall be sent to such address as it
may from time to time designate in writing to each Owner.
16.10 Colorado Law. The interpretation, enforcement or any other matters relative to this
Declaration shall be construed and determined in accordance with the laws of the State of Colorado.
16.11 Disclaimer. No representations or warranties of any kind, express or implied, have been
given or made by Declarant, or its agents or employees, in connection with St. Finnbar Farm, or any
portion thereof, or any improvement thereon, its physical condition, zoning, compliance with applicable
laws, fitness or intended use or operation, cost of maintenance or taxes except as expressly set forth in this
Declaration.
16. 12 Desienation of Successor. For purposes of this Declaration and the easements, dedications,
rights, privileges and reservations set forth herein, a successor and assign of Declarant shall be deemed
a successor and assign only as specifically designated by Declarant by instrument recorded in the real estate
records of the Counry, and, only with respect to the particular rights or interests specifically designated
therein.
16. 13 Severabilitv. Any determination by any court of competent jurisdiction that any provision
of this Declaration is invalid or unenforceable shall not affect the validity or enforceability of any of the
other provisions hereof. Where any provision of this Declaration is alleged to be or declared by a court
of competent jurisdiction to be unconscionable, Declarant or the Association shall have the right by
amendment to this Declaration to replace such provision with a new provision, as similar thereto as
practicable, but which in Declarant's or the Association's reasonable opinion would be considered not to
be unconscionable.
L6.14 References to County Standards. Wherever in this Declaration there is a reference to
County land use regulations, zoning, other Counry shndards, the Approval Resolution, any plats approved
by the County or any other federal, state or local rule, law or regulation, such references shall
automatically be waived, released, modified or amended, as the case may be, to correspond with any
subsequent waiver, release, modification or amendment of such regulations, zoning, other Counry shndard,
Approval Resolution, plats or any other rule or law.
M:\clacroix\St. Finnbar\Docs\STFl NPRO5.COV.wpd
26
16.15 Run with the Land. Declarant, for itself, its successors and assigns, hereby declares that
all of St. Finnbar Faim shall be held, used and occupied subject to the provisions of this Declaration, and
to the covenants and restrictions contained herein, and that the provisions hereof shall run with the land
and be binding upon all persons who hereafter become the Owner of any interest in St. Finnbar Farm.
IN WITNESS WHEREOF, Declarant has executed this Declaration of Protective Covenants for
St. Finnbar Farm the day and year first above written.
ST. FINNBAR LAND COMPANY, A
Colorado corporation
ROARING FORK FARM, LLC,
a Colorado limited liabiliry company
By:By:
Print Name:
Title:
STATE OF
COUNTY OF
-)
The foregoing Declaration Of Protective Covenants
, Manager
For St. Finnbar Farm was acknowledged
as of
)ss.
before me this _ day of _, 2000 by
St. Finnbar Land Company, a Colorado corporation.
STATE OF
WITNESS my hand and official seal.
My commission expires:
Notary Public
)
)ss.
)
The foregoing Declaration Of Protective Covenants For St.Finnbar Farm was
acknowledged before me this _ day of , 2000 by as Manager of
Roaring Fork Farm, LLC, a Colorado limited liability company.
WITNESS my hand and official seal.
My commission expires:
Notary Public
COUNTY OF
27
M:\clacrolx\St. Flnnbar\Docs\STFlNPRO5.COV.wpd
' [o,tach regar *'iilll#'] rl'r,*oar propertyl
EXHIBIT'8"
[Attach legal description of Roaring Fork Farm Property]
M:\clacrolx\Sc Flnnbrr\Docs\STFINPRO 5.COV.wpd
August 14,2WO
Mr. Ron Liston
St. Finnbar Land Company
Land Design Partnership
918 Cooper Avenue
Glenwood Springs, CO. 81601
Dear Mr. Liston,
This wil! confirm that the Ranch at Roaring Fork Homeowne/s Association,
lnc. will provide wastewater treatment services to St. Finnbar Land Company in
accordance with the terms of the agreement between the Ranch and St. Finnbar
dated February 13, 1998. For your information, the plant is under construction,
we are on schedule, and expect completion by November 30, 2000.
Sincerely yours,
Charles Holloway
President, Ranch at Roaring Fork Homeownefs Association
14913 Highway 82 o Carbondale, Cotorado 81623 . (970) 963-3500
ADDENDI'M
TO
SEWER SERVICE AGREEMEI{II
(ST. FINNBAR PROPERTY)
This is an Addend,usr t,o t'hat certain sewer service Agreernents
(..Agreemerat") between the RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION'
INC.,(ttre"Ranctl")and'ST'FINIIBARtN{DCOMPA}rY'aCo]'orado
corporation (Ehe "Developer") (COLLect'iveJ'y, ttre "Partieg') '
1. Tbig Add'endr.rm ig ent,ered int,o contemPoraneouely with aad iE
part of tsh,e Agreemeuts and is support,ed by all t'tre E'Eune consideration's
aE expreased in the Agreement,. In the event of any conflict or
inconsigt,ency between the prowisions of this Addendr::rr and t}re
Agreements, ttre provisions of this Ad'd'end'um shaIl govern and Control'
Defined te:rns appearing in the Agreenent, such as Preshana' connecting
Main, Maj-ntenance CosEs, Preshana Slrare and ttre 1ike, sha11 have ttre
sarte meanings when ueed in this Addendu:n'
2.Regard.ingDewe}oper,sob1igaEionsunderParagraph1.b.ofttre
Agreement (aE the midd,fe of Page 3) wherein "The Developer shalI have
unt,il May 1, 1998 to inStall the connecEing Main"' the Parties agree
t,hat, Developer shall hawe satisfied E'his obligation if on or before
said. May 1, L998 date Developer has commenced consErucE'ion of that' part
of tbe connect,ing Main trrrougt, the platt'ed utilitsy easemenEs at ttre
rear of rrotss 11, Lz and 13, Ranch at Roaring Fork Phase 5'
3 . Regarding Preetrarra, s righte t,o connect t,o Ehe Conn,eeEing Main
and obtsain sewer eervice f rom Ehe Ranctr und'er Paragraph 4b ' of ttre
Agreenents, any eubsequent, agreement between the Ranch and Preghana,
will provid.e where Preshana doee not pay Developer the Preghana Share
of Maintenance Costs (in add'it'ion t'o the remed'y of disconnection aE
already sets fortsb in ttr.e Agreenent), Iike or similar tso provieions as
getsforthinParagraph12ofttreAgreenenEallowingfor].ienright'sor
any ottrer meana auEhorized rrnder app]'icable laws in order to assigts
Oeveloper in collecEing tshe Preshana Share'
4. rn ttre events of recording of tshe Agreements (as aLlowed in
paragraph 6 ttrereof ) and' tstrereaf E'er the Agreement' ie properly
tsersrinat,ed aE, allowed in paragraphs 14a. or 14b. or eleewhere in t'be
Agreement, the Partsiee wil1, E[t Etre request of eit,tr'er Developer or the
Ranch, executse a docr:ment in recordable for:rr ext,inguishing and
releasing ttr,e Agreement aa a matster of r.ecord.
IN WITIIESS WHEREOF, the Parties hereto have execuEed this Addendurt
effective as of tshe dat,e of Ehe Agreement.
RJAI{CII AT ROARING FORK HOMEO$INERS
ASSOCIATION, INC.,
a Colorado nonprofit corPoration
ST. FINNBAR IJAI{D COMPA]iTY,
a CoLorado corporation
By By
Its:Itg:
Attest:At,test:
By:By:
Itg:IEs:
STATE OF rrnr arn zra )
) ss.
)COUIIIY OF Ga.rf i el d
The foregoing inatrrurent was acknowLedged before me on this 13
day of Fphrrrn rJL , L99 R , by Che r1 as H^l 'l owey as
Prcsi rient and by as
of Ranch at Roari.ng Fork Homeowners
Associatsion, Inc., a Colorado nonprofit corporation.
My couurission expires: June 10,
STATE
coutflrY
oF C o /ordo
oF fr'ltin
)
)
)
aB.
l/re /r(si/enf and byl/tre AE
lorado
corporation.
My couuriesion expiree :
of SE. Finnbar
li{YCOMilflSriCN qpHES
417t01
KIM.BERLY A AABERG
srJ3t""I"L',r?l?.
c : \RoN\STFINNBR\DOCS\ADDENDlru. 0 1
ACKNOWTJEDGMEIIT PAGE TO
ADDEIIDI'M TO SE9IIER SERVICE AGREEMEIIT
STATE OF )
) se.
)
wag acknowLedged before ure
,bY
couriEY oF
The
day
foregoing
of
inst,ru.nent
, L99
on thiE
a.E
and
of St.
by as
Firrnbar L,and Company, a Colorado
corBoration.
My comisEion e:qtirea:
C:\R.ON\STFINN BR \DOCS\NOTAR Y.WPD
NoEary Public
SEWER SERVICE AGREE}IENT(St. Finnbar Property)
THIS AGREEMENT (this rrAgreement'!) is executed this 13 day
of troh.,,^-,, , 199gr by and between the RANCH AT RoARING FORK
HoffiocIATToN,INc.,aCo1oradonon-profitcorporation(the rtRi\NCHrt) and ST. FINNBAR LAND COMPANY, a Colorado
corporation (the trDevelopertt) (collectively, the rrPartiesrr) .
RECITALS
A. The Ranch is the horoeowners' association for a
residential community known as rrThe Ranch at Roaring Forkr rl
located in the County of Garfield, State of Colorado (the rrRanch
Property").
B. The Ranch owns and operates a wastewater treatment
plant and related facilities appurtenances and collection Systems
Itne 'rExisting Facilities'r) on and about the Ranch Property for
the benefit of the owners thereof.
c. The Developer is the owner of certain real property
located in the County of Garfie1d, State of Colorado, as is more
particularly described in Exhibit A attached hereto and
lncorporated herein by this reference (the trDeveloper PropertY"),
which Developer Property lies adjacent to ttre Ranch Property.
D. The Developer is in the process of subdividing and
platting the Oeveloplr Property, and in connection therewith, the
beveloper needs to obtain certain governmental approvals and
permits; in order to obtain such approvals and permits, Developer
rnust demonstrate that wastewater collection and treatment
services (rrsewer Servicett) wiIl be available to the Developer
Property.
E. The Developer has reguested, and the Ranch has agreed
to provide such Sewei Service to the Developer PropertY, and the
parties desire to set forth their agJreement regarding the terms,
covenants and conditions under which such Sewer Service will be
provided.
NOW, THEREFORE, for and in consideration of the.premises
the mutual covenants hereinafter set-forth, the Parties agree
follows:
and
as
Mrso 07271.a\ger 5.0204
1. fnfrastructure Improvements and Cost Allocation.
1a. Existinq Facilities Improvenent Proiect and
Developer Collection Svstem. Portions of the Existing Eacilities
need to be improved, replaced or upgraded and, in the process,
can be expanded in order to provide Sewer Service to the
Developer Property (the trlmprovement Projectrr). The cost of the
Improvement Project shall be borne by the Ranch, contingent upon
receipt of the tap fees identified in Sections 13 b. (1) and 13
b. (2) beLov. In addition to the fmprovement Project, a serrage
collection system (the rrDeveloper Collection Systemrr ) will need
to be designed and constructed on and about the Developer
Property, including but not linited to, collection lines and
othLr facilities and appurtenances, and a connecting-line will
need to be designed and constructed within the Ranch Property
(rtConnecting Main[), in order to provide Sewer Service to the
Developer Property. The Developer Collection System and the
Connecting Main shall be designed, engineered and constructed. at
Developer's sole cost and ex;lense.
lb. connectinq Main. The Connecting Main will need to
be designed and constructed within the Ranch Property to connect
the Developer Collection System to the nearest existing main on
the Ranch Property in the cul de sac at the end of Stagecoach
Lane. The Connecting Main is expected to traverse through (1)
the easement described in the Agreement, Easement Grant and
Mutual Release dated June 28,1986, recorded in Book 697 at Page
616 of the Garfield County real estate records ('rUsage Easementr)
being an easement under which Developer has the right to use a
portion of the Ranch Property adjacent to the Developer
eropertyrs west boundary (trDeveloper Usage Portiontr) and under
wfriln tfre owner of the Preshana Property (as defined in Section
4b) has the right to use a portion of the Ranch Property adjacent
to the Preshana Property's west boundary ([Preshana Usageportion'r) r. (2) through i portion of the Ranch's Cornmon Recreation
Reserve south of Lot 11, Ranch at Roaring Fork, Phase 5r' (3)
through the platted utility easements at the rear of Lots 11, Lz
and 1i, Ranch at Roaring Fork Phase 5; (4) through the easement
owned by Developer along the south line of Lot 13, Ranch at
Roaring Fork, Phase 5; and (5) through the cul de sac where the
existing Ranch main is located (the |tConnecting Main Easement
Route"). The Connecting Main wiII not be installed in the
preshana Usage Portion of the Usage Easement unless the Preshana
Owner grants to Developer and the Ranch the right to use the
Preshana Usage Portion for the Connecting Main in form and
substance satisfactory to Developer and the Ranch.
The Connecting Main shall be owned and operated by the
Ranch, and Developer hereby grants to the Ranch the right to.use
the sewer line easement ownea by Developer along the south }ine
of Lot 13, Ranch at Roaring Fork, Phase 5 and to use the Usage
-2-Mrsc.Si 17t.j.9gt 5 )28e
Easement owned by DeveloPer on the Ranch Property for the
Connecting Main.- Notwithstanding the fact that the Connecting
Main will-be located within the Ranch Property and wiII be owned
and operated by the Ranch, the Connecting Main.shall be designed,
enginiered and installed and thereafter maintained, repaired and
r"flaced at the cost and expense of Developer, acting as agent
foi tne Ranch and subject to the direction and approval of the
Ranch in the exercise of its reasonable discretion. Developer,
as agent for the Ranch, shall indemnify and hold harmless thee
nancf, from aII loss, cost, damage and expense, including, without
limitation, attorneys fees, arising out of the design,
engineering, installation, maintenance repair or replacement of
the Connecting Main bY DeveloPer.
The Connecting Main shaIl, of some accessible point, have
manhole access and a means to shut off effluent entering the
existing Ranch systen.
If the Ranch or Developer as agent for the Ranch are
prevented from installing the Connecting Main in any portion of
Lhe Connecting Main Easement Route as a result of any temporary
or permanent order of any court of conpetent jurisdiction,
Oevlloper sha1l have the right to terminate this Agreement by
writtei notice to the Ranch given before the Ranch has contracted'
for construction of the Improvement Project, in which Case any
payment by Developer of tap fees under Section 13 below shall be
ieiunded. Lo Developer and both parties shal1 be released froln any
further obligation-s hereunder. The Developer shall have until
May L, 1998 to install the Connecting Main. Until that date, the
nancn'agrees not to contract for any construction of the
Improveient Project, the costs of which would be the obligation.
of the Developei if it terminates this Agreement pursuant to this
provision.
2. Proiect Desiqn and Construction-
2a. Mclauqhlin Role. The Devetoper acknowledges that
Mclaughlin Wate; ilgIneers, Ltd. (rMcLaughlin'r) , water engineer
for the Ranch, shali design, engineer, and supervise construction
of the Improvement Project. Developer shal} be entitled to
retain eilher McLaughlln or its own- engineer or engineersr at it=sole expense, to aeiign, engineer and supervise.construction of
the Devlfop"i collection syttem and the connecting Main; provided
that, ttc1,airghlinr oD behali of the Ranch, and at Developer's.sole
cost up to, but not exceeding $5rOOO, shall have rights to (i)
review- and, based on reasonable grounds, approve and/or
disapprove of the design and eng!neering plans produced
Oevel6perrs engineers, and (ii) inspect construction of
Oeveloper Collection System and the Connecting Main. If
Mct atr.girlin disapproves of the Developer Collection System or the
by
the
MlsC\A12rt ..\9e r 5.026e -3-
Connecting Main, it sha1l specify the chanEles necessary to allow
approval.
2b. Proiect Desiqn and Construction. Ranctr agrees to
cause Mclaughlin to finalize its engineering studies and prodgge
a final design for the Improvement Project, inclusive of detailed
cost estimatis (the 'rProject Designtt). Upon delivery of the
Project Design to the Ranch, the Ranch sha}l deliver same to
Oeveloper foi its review and comment. Developer shall have twenty
(20) cllendar days to deliver any cornments or suggested changes
€o tne Ranch, in-writing. The Ranctr covenants to give reasonable
consideration to such corrrments or suggested changes, but reserves
the right to approve the Project Design in its sole discretion.
Upon tfr.e nanctrTs approval of the Project Designr -and upon receipt
flon Developer of Lhe tap fee amounts specified in Sections 13 b.
(I) and 13 t. Q) below, and upon satisfaction of the conditions
in Sections 14a. and 14.b below the Ranch shall construct, or
cause to be constructed, the Iroprovement Project. Developer shall
construct, or cause to be constructed, the Developer Collection
System and the Connecting Main. The Ranch and the Developer
s[ral1 each be responsible for obtaining, at their respective
cost; a1I required permits and approvals for performance of their
respective construclion obligations. A11 such construction shall
be in accordance with applicable Iaws, building codes and
regulationsr ds well as being in accordance with plans and
specifications approved by Mclaughlin. The Developer shall
construct and inltatt, or cause to be constructed and installed,
at its sole cost and expense, service lines to serve individual
units within the Developer Property.
2c. Completion Date for Improvement Proiect. The
parties hope that tne Improvement Project will be completed in
lgge but und.erstand that there could be delays that trould make
this not possible. If, however, the Iroprovement Project is not
completed by December it, 1999, the Developer may, at its-option,
teriinate ttris Agreement by written notice to the Ranch given
before completion of the Inprovement Project in which case any
payurents by Oeveloper of tap fees under Section 13 below shall be
ieiunded to Developer and both parties shall be released from any
further obligations hereunder.
If, however, the conditions contained in Sections 13
and L4 of this Agreement have been satisfied and the failure to
complete the fmpiovement Project by December 31, 1999 is due to
unrLasonable delay within the control of the Ranch, Developer may
bring an action for specific performance by the Ranch of its
obli6ations hereunder. The rernedy of specific performance shall
be in lieu of ternination of this Agreenent and return of tap
fees paid hereunder.
v!r:,a727r.a'.9e r 5.o2a8 -4-
2d. Interim Service to Develooer Propertv. If
requested in writing by Developer on or after August 15, 1998r oR
such earlier date as the Ranch may elect to do so, the Ranch
shall offer to provide Developer sith sesrer Service for up to L4
EQRs on the Developer Property pending completion of the
Improvement Project ([Interim sewer Servicerr) utilizing existing
capacity of the Ranch's Existing Facilities, subject only to the
availability of such capacity after provision for compliance with
the Ranchrs existing legal obligations to provide Sewer Service
to other EQRs then existing or planned. If the Ranch specifies
Iess than 9 EQRs as the number of EQRs on the Developer Property
which the Ranch is willing and able to provide with Interin Sewer
Service, Developer may terminate this Agreement by written notice
to the Ranch given within 20 days after receipt of the Ranch's
notification, in which case any palments by Developer of tap fees
under Section 13 below shall be refunded to Developer and bothparties shall be released fron any further obligations hereunder.
otherwise, this Agreement shall continue in force and effect.
Interim Service shall actually be provided only to the extent tap
fees have been paid and only after satisfaction of the conditions
precedent in Seetions 11 and 14 below. If fnterim Service is
commenced, this Agreement will govern as to the EQRs served
notwithstanding any ternination of this Agreement for failure to
complete the Improvement Project or for any other reason.
3. Desiqn/Evaluation License. Upon execution hereof, the
Ranch, Mcl.aughlin, and their contractors, agents and consultants
shall have the right, after reasonable advance notice to
Developer, to reasonably enter upon the Developer Property, at
the expense of the Ranch for the linited purposes of inspecting,
testing and examining the Developer Property in connection with
the design and construction of the Inprovement Project (theItDesign/Evaluation Licensett). To the extent reasonably possible,
such entry shall utilize roads and driveways in place on the
Developer Property and avoid any homes and improved areas,
wetlands and wildlife sensitive areas. The Design/Evaluation
License shall expire upon completion of the Inprovement Project.
The Design/Evaluation License is distinct from and different than
the inspection and other rights under Sections 2d., 4a. and 9. of
this Agreement.
4. Easements.
4a. Developer Collection System Easement. Upon
conmencement of construction of the Developer Collection System,
the Ranch shall have an easement (the rrDeveloper Collection
System Easementrr) which shall (i) only be subject to such title
nitters and burdens that would not materially inpair, linit or
interfere with the Ranch's exercise of any of its rights
thereunder; (ii) allow the Ranch and its contractors,
colsuli,arts, IJ-censees, employees and agents, uPon reasonable
-5-Mr9C1t727r r\9e' 6.O:98
notice, to enter upon the portion of the Developer Property
containing the Developer Collection System and, if reasonably
necessary in order to access the Developer Collection System, to
enter upon adjacent portions of the Developer Property (such
entry, to the extent reasonably possible, to utilize roads and,
drivlways in place on the Developer Property and to avoid homes
and irnpioved ireas, wetlands and wildlife sensitive areas); and
(iii) Le used to monitor and inspect the Developer Collection
System and, as provided in Section 9 below, if the Rules and
Regrulations havl been violated or Developer has been negligent or
untimely in perforning its obligations hereunder, be used by the
Ranch to maintain, operate, repair, replace and clean the
Developer Collection SYstem.
4b. Preshana Ricrhts to Connect. At the election of
the Ranch, the owner or owners of the Preshana Property, as
hereinafter defined (the rrPreshana Ownerrr) shall have the right
to connect into and use, for sewer service to the Preshana
Property, all or any portion of the Connecting Main (the
trpreshana Joint Use Portiontr ) . Any such connection and use shall
be at the sole cost and expense of the Preshana Owner. At the
time of any such connection, and as a condition precedent to
commencement of service to the Preshana Property, the Preshana
Owner shall pay to Developer the Preshana Sharer 3s hereinafter
defined, of Lfre costs to Developer of installing the portion of
the Connecting Main vithin the Preshana Joint Use Portion. The
preshana Owner shall pay to Developer the Preshana Share of the
costs to Developer of maintaining, repairing and replacing the
portion of the Connectj-ng Main within the Preshana Joint Use
Fortion (t'Maintenance Costsrr) and shall be solely resPonsible for
any loss, cost, damage or expense caused by the Preshana Owner
and for any breach of, or default under, this Agreernent caused by
the Preshana owner. The mPreshana Sharerr shall mean the
proportion which the EQRs on the Preshana Property connected to
Lfre- preshana Joint Use Portion, bears to the total EQRs connected
to the Preshana Joint Use Portion. The rrPreshana Propertytr shall
mean that certain real property located in Garfield CountY,
Colorado, bounded on the west by the Ranch Propertyr oD the south
by the Developer Property, on the north by Colorado State Highway
52 and on the east by Catherine Store Road.
In any agreement with Preshana to provide sewer
service, the nanch-shall seek to have included a provision that
permits the Ranch to shut off sewer service to Preshana if
ireshana at any time fails, after appropriate notice and right to
cure, to pay eieshana,s Share of any ltaintenance Costs reguired
to be paia Lo St. Finnbar. Under any such provision, the.Ranch
wiII, ifter notice and. right to cure, shut off segrer service to
preshana at the written reguest of St. Finnbar until Preshana
pays preshanars Share of tliintenance Costs reguired to be paid. to'St. Finnbar provided, irovever, tha.t the Rarrch is sa--isfied that
Mrsc.o727t.lnoe t 5 o?Ea -G
Preshana has, after notice and right to cure, clearly breachedits obligation to pay the Preshana Share of Maintenance Costsreguired to be paid to St. Finnbar and provided also that St.
Finnbar agrees in writing, in forr and substance satisfactory tothe Ranch, to indennify the Ranch against any loss, cost, damageor expense, including attorney's fees, arising as a result of theshut off of service to St. Finnbar
5. Ru1es and Recrulations. The Ranch has advised
Developer, and Developer acknowledges and agrees, that the Ranchis not, and does not hold itself out as, a public or private
utility or as a governmental or quasi-governmental entity. The
Ranch shall have, in perpetuity, the right to establish and
amend, from time to time, the rules and regulations under which
Sewer Service will be provided to the Ranch Property and the
Developer Property and/or other users of the Sewer Service whichrules and regulations shall be applicable also to residentialusers who are nembers of the Ranch. A copy of the Ranch'sinitial rules and regulations is attached hereto as Exhibit 3(the 'rRules and Regi'ulationsrr). The Ranch's discretionary power
and right to establish and amend such Rules and Regulations issubject to the linitation that the Rules and Regulations shallnot be amended to treat the Developer Property differently thanthe Ranch Property except as provided in this Agreement or to
unreasonably, materially and adversely (a) affect the provision
of Sewer Service to Developer or (b) increase Developer's costsfor such Sewer Service, except increases wtrich are comparable toincreases for single-fanily homeolrners within the Ranch.
6. Developer Declarations and Covenants. Developerexpressly consents to the recordation of this Agreement in thereal property records of the County of Garfield, State of
Colorado. Developer agrees that it sha1I, prior to conveying fee
sirnple title to any portion of the Developer Property to a thirdparty, cause to be recorded in the real property records of the
County of Garfield, State of Colorado, declarations and covenants(the rrDeclarations and Covenantstf ) ,, which, insofar as they relateto or may affect this Agreement or the rights and obligations ofthe parties hereto, shall be in form and substance reasonablysatisfactory to the Ranch and its legal counsel. The
Declarations and Covenants shall be binding upon Developer, the
Developer Property and all subsequent owners thereof and will, ot
a minimum, (i) contain a separate section entitled rrsewer Service
Disclosurerr which will identify the Ranch and refer to this
Agreement, including the Book and Page of the Garfield Countyreal property records at which this Agreement is recorded andnote that the provision of Sewer Service to the DeveloperProperty is subject to this Agreement; (ii) contain a provision
to the effect that Sewer Service to the Developer Property isprovided by the Ranch which is a private homeowners' associationentitled to establisir rules and regulations for the provision of
-7-
MlsC.e127r.4oer5 0266
such service but which is not subject to rules or regrulationsaffecting public utilities; (iii) expressly require the
acceptance by the homeowners, association for the DeveloperProperty (the rrDeveloper Property Associationrr) , without vote or
other approval, of an assignment of this Agreement and assumption
by the Developer Property Association of each and all of the
Developer's obligations and rights hereunderl and (iv) provide
for the formation of the Developer Property Association with lien
and assessment rights and the power to enforce such lien and
assessment rights sufficient to allow the Developer PropertyAssociation to meet its obligations hereunder, including the
power to levy and collect assessments for such purpose withoutthe need for member approval.
7. Developer's Successors and Assiqns. It is expressly
agreed between the Ranch and the Developer that this Agreementcreates a master service relationship between the Ranch and the
Developer, any Successor Develop€Er as hereinafter defined, and,ultimately, the Developer Property Association. Although this
Agreement shall be binding upon Developer's successors andassigns, this Agreement is not intended to, nor does it, nor
sha11 it at any time, create a contractual relationship between
the Ranch and any party other than Developer, a Successor
Developer and the Developer Property Association. Only
Developer, a Successor Developer and the Developer PropertyAssociation shalI have the right to enforce this Agreement or to
make any claim or have any cause of action against the Ranch or
any of its officers, directors, members, attorn€ys, consultantsor employees arising from or on account of this Agreement.
Developer may not assign this Agreement or any portion thereof to
any other person or entity, and any such attempted assignment
shall be void and of no effect provided that, (i) Developer shall
be entitled, prior to creating the Developer Property
Association, to assign this Agreenent, in its entirety to apurchaser of all, but not less than all, of the Developer
Property described on Exhibit A (a rrsuccessor Developerrr) I and(ii) Developer or any such Successor Developer shaIl assign
Developer,s rights hereunder and delegate Developer's duties
hereunder to the Developer Property Association created pursuant
to the Declarations and Covenants, which will be recognized bythe Ranch as Developer's successor-in-interest and shall succeed
to the entirety of Developer's contractual rights and obligations
hereunder. Owners of a lot or unit or other portion of the
Developer Property shall be bound by the terns of this Agreement
but shall have no direct rights to enforce this Agreement or make
any claim or have any cause of act,ion against the Ranch under
this Agreement. The Developer Property Association shall at all
tiures represent and be the only party entitled to act for such
osrners and aIl. actions of the Developer Property Association
shall be binding on such owners.
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Ml.;e tr27t '.ea'9.o2a,
8. Svstem Manaqement and Modification; Organization ofSpecial District. The Ranch reserves the right, fron tine totine, in its sole and absolute discretion, to alter, modify,expand, reconstruct, replace or contract its sewer systen and/or
wastewater treatment plantr So long as it does not impair, otherthan for the period reasonably necessary for such work, the
Ranch's ability to serve the Developer Property. In connectionwith the exercise of the Ranch's rights described in the
precedingr sentence, the Ranch agrees to deliver reasonable
advance notice to the Developer of its intention to exereise suchrights except in cases of emergency where advance notice sha1lnot be necessary. The Ranch also reserves the right, in its sole
and absolute discretion, to organize a special district and toassign its rights and delegate its duties hereunder to such aspecial district and/or to any governmental or quasi-governmentalentity. fn connection with the organization of such specialdistrict or the assignment and/or delegation of the Ranch,srights and obligations hereunder to a governmental or quasi-
g'overnmental entity, the Developer covenants on behalf of
Developer and Developer's heirs, successors and assigDSr to
reasonably support such organization and/or to reasonably consentto such assignment and/or delegation and to lend all assistance
reasonably reguired by the Ranch in connection therewith,
notwithstanding that the Developer Property tray be within orwithout the boundaries of such special district or grovernmental
or quasi-governmental entity; provided that the DeveloperProperty is included in the service area of such district orentity or otherwi.se is assured of serrer servj.ce from suchdistrict or entity on terms which are no less favorable to the
Developer Property than the terms of this Agreement except to theextent that terms applicable to the Ranch Property are also
comparably less favorable. In no event shall Developer, or
Developer's heirs, successors or assigns be entitled to exercise,nor exercise any management or decision-making authority over the
Ranchts sewer system.
9. Svstem llaintenance and Cost Allocation. The Ranchshall perform or cause to be perforned all maintenance, repairs,replacenents, cleaning and monitoring of the wastewater treatmentplant and aII portions of the sewer system, as the same nay be
expanded or modified after the date hereof, excluding the
Developer Collection System and the Connecting Main which shall
be maintained, repaired, replaced, cleaned and monitored by
Developer at its sole cost and expense. with respect to the
Developer Collection System, if and to the extent, that the Rules
anrl ttaarl rlia*a Lrrra laaan rr{a1a#aA lar; harra'lAha, ar harralanar }rle
provided that, in the event of emerlrency, no prior notice gfentry need be given.
10. ownership of rmprovements. The Ranch shall own thewastewater treatment plant and all portions of the serrer systemrying within the Ranch property, inLtuding the connecting iain.The Deveroper shaIl own the Developer colrection system.
11. Conditions precedent to provision of Service.Developer e)q)ressly acknowledges and agrees that the followingshalr constitute conditions precedent to both the Ranchrsobligation to provide the Sewer Service described herein and tothe Ranchts alrowing any sewer taps to be connected on theDeveloper Property.
11a. service charcre Reserve. Deveroper shalr havedelivered to the Ranch and sharr thereafter maintain a six (6)months' service charge reserve, calculated in accordance wiifr- ttreRanch's Rules and Regulations and the formura set forth insection 13 d. below, and based on the rarger of (i) the ninimumof 18 EQRs cornrnitted to hereunder or (ii) the number of EQRswhich have actually been connected. Developer acknowled,ges andaEJrees that such service charge reserve may be appried by theRanch to satisfy any deringuency or defaurt hereunder andcovenants to maintain such service charge reserve with the Ranchfor so long as sewer service is provided hereunder. To theextent such service charge reserve is drawn down or applied toany delinquency or defaurt, Deveroper shall pronptly ieprenishthe funds drawn down or applied. Developer sharr add to-theservice charge reserve as necessary to ieflect increases in thenumber of EQRs connected and to reflect increases in servicecharges over time. The Ranch sharr keep the service chargereserve in an interest-bearing account at a bank or otherfinancial institution in which it naintains one or more of its
ovrn accounts and shall pay the interest credited to the accountto the Developer at least annually to the extent the funds in theservice charge reserve, after the payout of such interest, are atleast egual to the amount then required to be naintained in theservice charge reserve.
11b. Activation of Developer Propertv Association. TheDeveloper's Declarations and Covenants as hereinabove describedshall have been recorded in the real property records of theCounty of Garfie1d, State of Colorado, and the Developer PropertyAssociation described therein shall have been formed, comrnenled -
to operate and assumed the obrigations under this Agreement.
11c. Costs Pavable bv Developer. A1l costs payable bythe Developer Pursuant to the Memorandu:n of Understanding datedNovember L4, 1995, between the parties in connection with anynecessary easements, Iicenses or other agreements shall have been
-iG.
paid in fuII by Developer as reguired by such Memorandr-rm ofUnderstanding.
11d. PalEnent of Tap Fees.paid and/or reimbursed to the Ranchand costs required hereby and by theRegulations.
The Developer sha1l haveaII tap fees and other fees
Ranch,s Rules and
11e.'Performance bv Develoner. The Developer shallhave performed or caused to be perforned such acts or actions asmay be reguired by raw, by this Agreement or as may reasonably bereguired by the Ranchts engineers, as necessary conditions to theconnection of taps on the Developer property.
11f. Tap fees payable pursuant to Section 13b have beenpaid and the conditions set forth in Sections 14a and b have beensatisfied.
L2. Lien Rights. Disconnection Ricrhts and Other Riahts ofthe Ranch.
L2a. Sewer Service Lien. In consideration of the Ranchentering into this Agreement and in order to secure the palmentand performance of the obrigations of Developer hereunder, theDeveloper, on behalf of Developer and Developerrs successors andassigns, hereby grants to the Ranch and its successors andassigns a perpetuar lien upon the Developer property (the rrserrer
service Lienrr). The sewer service Lien sha}l run with theDeveloper Property and sha1l be binding upon and enforceab'leagainst the Developer and each and all of Developer,s successorsand assigns. After notice to Developer and a 3O-day right of cureby Developer, the sewer service Lien may be foreclosed and/orexecuted or realized upon by the Ranch ls a mortgager or Uy anyother means authorized under the applicable laws of the State ofColorado. The Sewer Service Lien sha}l be prior and superior toany other lien or encumbrance upon the Developer property,
excepting only the lien for ad valorem real property taxesiprovided that, the Sewer Service Lien shall be junior to the lienof any first mortgage or first deed of trust on any part of theDeveloper Property taken in good faith and for value andperfected by recording in the office of the Clerk and Recorder ofGarfield County, Colorado, prior to the time of recording by oron behalf of the Ranch of a specific notice of 1ien claim.
L2b. Disconnection for Default. The Ranch expresslyreserves, and the Developer hereby grants to the Ranch, theright, after not,ice to Developer and failure of Developer to curethe default by the expiration of the Cure Period as hereinafterdefined, to disconnect the Developer Property or any portionthereof from service or to discontinue providing service to theDeveloper Property or any portion thereof in the event any
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charges, costs or fees payable hereunder or under the Rules andRegulations of the Ranch are not tinely paid, or in the event ofany other violation of this Agreement or-the Ranchrs Rules andRegrulations by Developer or Developerrs successors or assigrns orany owner or occupant of the Developer property. The rrcure
Periodtr for purPoses of this Section shall meair, for a monetarydefault, 59 days ?nd, for a non-monetary default, 60 days plus-such additionar tine as Deveroper is diligently proceeding'tocure the default, in each case, extended until-conclusion-of anyarbitration under Secti.on 22 below which is conmenced prior to -
disconnection of service. rn the event of reconnectioir tosystem or the continuation of service, Developer shall paycosts and expenses thereof.
the
the
L2c,. Control= on D"ve1op"r prop"rt, and Us" of S"rerFacilities. Developer shal} not (i) uie-any se.wer tap on trreDeveloper PropeTty for any purpose other thin providing serviceto a.single-family residence and any related Clretaker Unit, ashereinafter defined, or outbuirding, as hereinafter defined(e.9., no commercial uses other than unobtrusive home occupationssharl be allowed) o. (+il pernit or arlon to occur occupanly orany of such single-fanily residence or Caretaker Unit by a ngnlerof persons which exceeds any applicable statute, ru1e, ordinance,regulatj.on or the design capacity of such residence or CaretakerUnit or (iii) permit or aIlow to occur j.nfiltration of the sesrersystem by ground or seepage water or (iv) permit or allow use ofthe sewer system for disposal of any wastes which are not usualand customary in connection with single fanily residential use.rn the event the Preshana property is connected to the sewersystem, Developer and its successors and assigns shalr not beresponsible for any violation of the foregoing requirements bythe Preshana owner or owners of lots or units on the preshana
Property.
13. Fees. Charqes and payment Thereof.
13a. EOBs to be Served. Developer hereby agrees topurchase and, subject to the tems and conditions hereof, theRanch hereby comrnits to sell to Developer selrer taps for not lessthan 18 nor more than 35 EeRs. For purposes of this Agreement,one rrEQR[ shall egual a single-farnily residence (irResidencer)with up to three (3) bedrooms and two (z') bathrooms or HarfBaths; each Caretaker Unit (as hereinafter defined) shall egual0.4 EQR; each additionar bedroom, bathroomr oE Half Bath of theResidence or Caretaker Unit as well as an Outbuilding bathroom orHalf Bath (as hereinafter defined) sharr equar two-tEnths (0.2)EQn. The addition of bedrooms and/or baths with a service demandof less than one-half (.5) EeR shalr reguire the palment of one-half (.5) EQR, and EQRs must be purchased in half or whole numberincrements provided that, partiar EeRs required to serve aResidence, caretaker unit and/or outbuirding rnay be aggregated
l,t- LL-
together and with any pre-existing EeRs of the associatedResidence for purposes of deternining service reguirementshereunder. For purposes hereof, the term [CaretJker Unitrr shal1mean a dwelling unit, located on the lot or parcel containing theResidence, whether attached to or detached flon a Residence risedby the fanily_inhabiting the Residence, such fanilyrs guestsemployees, and/or tenants and containing no more than one bedroomand no more than one bathroom or HaIf Bath. For purposes hereof,the term ttHa1f-Bathtr sha1l mean a toilet and vash-Uasin and anroutbuildingrt shall mean a non-dwe1ling unit associated with, butdetached from a Residence or Caretaker Unit.
13b. Pavment of Tap Fees. Developer sharl pay to theRanch tap fees eguar to seven Thousand Five-Hundred pollars($7rsoo) per EQR. Developer agrrees to pay or cause to be paidthe tap fees as follows:
(1) $75r000, representing 10 EeRs, by thelater of 30 days after receipt by Developer of notificationthat approval has been obtained of the Site Application forthe Improvement Project as provided in Section 14 (b) or 120days after the date of this Agreement.
(2) $501000, representing I EeRs, on orbefore the commencement of construction of the rmprovementProject. At Developer's election, palments under -subsections
(1) and (2) may be placed in escrow with Alpine Bankpursuant to escrow instructions providing for disbursementof such palments to the Ranch solely for design, engineeringand construction of the Improvement Project ai authorized byMclaughlinr' provided that, such escrow instructions shall beprepared at the cost of Developer and agreed to in advanceby the Ranch and all costs and fees of the escrow agent andthe escrow shalr be borne by Deveroper. Approvar oi anysuch escrow agreement by the Ranch shall not be unreasonablywithheld or delayed. The escrow agreement nay provide thatthe escrowed funds shall be placed in an interest-bearingaccount with interest earned to be paid to Developer
(3) $7,500 for each additional EeR (not toexceed L7 additional EQRs in the aggregate) on or before thedate upon which the service for such EeR is requested byDeveloper.
Developer acknowledges and agrees that, oncemade, the palments under subsections (1), (2t and (3) aboveshall be deemed fu1ly earned by the Ranch and shall not berefundable under any circunstances, except if this Agreementdoes not become effective for failure to satisfy theconditions precedent set forth in Sections 14a. and b or is
Mrs6E727r.{eer5.020a
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terminated as provided in the last paragraph of Section lb.or as provided in Section 2c.
Credit Aqainst Tap Fees. The parties previously
entered into a Sewer Service Agreement, dated October 31, L996,(rtPrior Agreementtt) which terminated because of the inability ofthe Ranch to obtain, at that time, certain approvals of oh,ners
within the Ranch which rrere a condition to the effectiveness of
the Prior Agreement. Subseguent to termination of the Prior
Agreement, ieveloper incurred costs of approxinately $2Orooo in
design and pursuit of pernits and agrreements necessary for'theconstruction of a wastewater treatment plant on the DeveloperProperty. Ranch hereby agrees to purchase such inforrnation and
studies in exchange for a credit to Developer against tap fees
payable hereunder egual to the actual out-of-pocket costs and
expenses incurred by Developer for such purposes during theperiod from December 10, 1996 through Novernber 20, L997 up to,but not exceeding $201000. The actual total amount of the credit
shall be the amount shciwn on the itenization of such costs and
expenses attached as Exhibit D. The credit shall be given by
reducing the tap fee per EQR for the l1th through the 20th EQRs
purchased hereunder by 1/10th of the total amount shown on
Exhibit D.
13c. Time Limits for Purchase and Connection of Taps.
The Ranch agrees that the $71500 per EQR tap fee sha1l remain infull force and effect for a period of five (5) years commencing
on the date hereof. After the expiration of such S-year period,
(i) the Ranch sha1l have no obligation to provide any unpurchased
taps to Developer, and (ii) service for additional EQRs shall be
deterrnined by the Ranch in its discretion. Any taps purchased
hereunder must be connected and put into service by December 31,
2010. Thereafter, the Ranch will have no obligation to a1low
connection ofr or to provide Sewer Service for, taps not put into
service by such date or to provide additional taps e:icept to the
extent of then existing unused and unconmitted available
capacity.
13d. Service Charcres. The Developer shall pay service
charges in accordance with the Ru1es and Reg:ulations promulgated
by the Ranch from tine to time; provided that the service chargesper EQR payable by Developer shal1 be determined in accordance
with the following fornula:
Aggregate cost ofthe sewer system
connected to theper EQR connected
operation, maintenance and repair of
divided by the total number of EQRs
serArer system x L.25 = service charge
on the Developer Property.
For purposes of determining service charges, the costs of the
Improvement Project and Capital Costsr ds hereinafter defined,
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shall not be included and costs for insurance and such otheritems as are customary and necessary to the continued operationof the sewer systen shall be included, including costs incurredin good faith which night be found to be avoidable or excessive.Costs of service or other fees or charges in the future to
Developer shall be based on actual costs and experience inoperating, naintaining and repairing the Ranchrs sewer system.Except as otherwise provided herein, no additional charges foroperation, maintenance, etc. of the Ranchrs sewer system shall bepayable by Developer.
I3e. Capital Costs. For purposes of this Agreement,the term itCapital Costsfr shall mean and include costs and
expenses of whatsoever kind or nature suffered or incurred inconnection with installing or replacing Common facilities andmajor or extraordinary expenditures for repair and maintenance of
Common Facilities, except that the costs of the fmprovementProject shall not be included. The term rrCommon Facilitiestlshall mean and include all portions of the Ranch,s selrer system
on the Ranch Property, including without }imitation the
wastewater treatment plant, a1I mains, lift stations and otherfacilities and appurtenances, but excluding service lines toprovide service to individual users, and excluding facilities*hich never handle or treat sewage from the Developer Property,
and excluding the Connecting Main. Developer hereby covenants
and agrees to pay to the Ranch the Developer's Share of CapitalCosts for Common Facilities. Developer's Share of Capital Costsshal1 be due and payable within a reasonable time after receiptof a written billing from ttre Ranch. rrDeveloper's Share ofCapital Costsrr shal1 be the proportion which the nunber of EQRs
on the Developer Property for which tap fees have been paid,
whether or not the EQRs have been connected, is of the total
number of EQRs connected to the Ranch sewer system.
13f. EoRs Attributable to Ranch Propertv. Developer
acknowledges and agrees that, under the Ranch,s governing
docunents, assessments of dwelling units are equal and therefore
each dwelling unit now or hereafter existing on the RanchProperty (whether the same is a condominium, townhome or detached
residence) wiII be deemed to egual one EQR for all purposes, inperpetuity. Developer further acknowledges and agrees that the
Ranch shall be entitled, in its sole and absolute discretion, to
determine the number of EQRs to be charged and/or allocated to
commercial users of the Ranch's sewer system.
14. Conditions Precedent to Continuinq Effectivenessof Aqreement. The following shall constitute conditions
precedent to the Ranch's obligation to perform hereunder:
14a. Financinq Availabilitv. The Ranch obtaining a
substantially unconditional loan commitment, on terms
MlSCi872rl.l\9el ( l2Ba -15-
satisfagtory to the Ranch, for financing up to g6oorooo to covercosts of the rmprovement project other f,trair the $rgs,ooo (resscredits under section 13b)..piyable by Developer as tap fees undersections 13b, !-1) :td (2)_ (,,Fiirancirg'conaiiiS";ll- rhe targerdate for satisfaction of the Financing condition shatl be March15, 1998.
14b. obfaining pernits. The obtaining by the Ranch ofarr necessary pel1trlts, riienses 'ana approvars rr5n irr "ppri""ri"governmental entities_ and/o-r regulatoif agencies. rtre tai:get datefor obtaining approvar of the site appiiciti;;-eor iire rmprovementProject and tor-6utaining any other p-"imits, Iicenses and approvalsrequi.red before comrnencenerit of co--nstruction "i- Lfr" ImprovementProject shall be August 15, 1998.
14c. If conditions setforth in subparaqraph.s ].4t sfied by th- t"=g"idates set forth therein, this Agreeuent may be terminatla uy eitrierpafty by written notice to trre other -party given before thererevant condition is satisfied, in whicl:h "i="'-..r1, palments byDeveloper of tap fees under section 13 above shall be refunded to
?:y?J!p?l__",ld both parries shalr be released from any furrheror)rLgaE,Lons
hereunder.
.15. Reuse-Water. AII wastewater resulting from the Sewerservice provided to the peveloper eropeity shall lL i"turned to theIoaring Fork River basin at the nancirrs wastewater treatnentdischarge point.
1G. D"=igr, . E.oir"".ilo ..d co.=trr"tio, cl.ir=. rn theevent of any. negligence, aeraurt, or ffin ;t ;tdesigner, engineer, tontractor or subcontractor retained Uy eitfr-ithe Ranch and/or the Developer in connection wittr ttre rmprovementProject and/or the -De_velopei collection system, each of the Ranchand the Developer sharl have, and they trerLuy rltain, the right t;proceed against such designer, - enginier, contractor orsubcontractor. The Ranch and the oev6loper'hereby waive "rradiscraim any rights to proceed against the other on account of thenegrigence, default or defalcati5n of any such designer, engineei,contractor or subcontractor.
17.- Ngtices. Alr notices, demands, reguests or othercommunications to be sent by one party to the other hereunder orreguireg. !y law shall be in rrriting ina shatl be deemed to haveb?9r. validly given or served Fv delivery of same in person to tlreaddressee or by courier delivery via Federal nxprLss or othernationarry recognized. overni.gh€ air courier iervice-- "i
---uv
depositing same in the united States nair, postige prepai.a,-or uifacsinile transmission, addressed as followl z
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To Ranch: Ranch at Roaring Fork HomeownersAssociation, fnc.14913 State Highway 82
;::3?ffiii"*:? 3,'333.,_ s243
with copy to: Hardin Holnes, Esq.Ireland, Stapleton & pryor
L675 Broadway, 2600Denver CO 80202Facsinile No. 303-628-2062
To Deve'lope!: St. Finnbar Land Cornpanyt Jirn MindlingMid-Valley Developnent Co.32 Buttonball Lane
Weston CT 0GBg3Facsinile No. ZO3-227-gSLg
with copy to: Garfield & Hecht, p.C.
501 E. Hlman Avenue
Aspen CO 81G11Facsimile No. 970-925-3OOg
. A11 notices, demands and requests shall be effective uponsuch .personal- delivery or one (1t business day after reingdeposited with Federal Express or-other nationaily recognizedovernight air courier service or three (3) fusines3 days -aftei
deposit in the united states nail or upon the date of suchfacsimire transmission as required above, unress it is ,rot -.
business day in which case ; facsimile transmission shall b;effective on the next businels d3y. By giving to-irre other partyhereto at reast.ten (10) days' written riotlce in"r"oi in accorhanclwith ttr.e Provisions hereof , the parlies hereto shall have the rightfrom time to tine to change ttreir respective iaai"==; ;"eru;facsirnile numbers.
_ 18. . Governinq Larrr. This Agreement and each ter:m, covenant,and condition hereof shall be governed by and construed under theapplicable laws of the State oi Colorado.
19. fnurement. This Agreement shall inure to the benefit ofand be binding upol the partles hereto and their iespective heirssuccessors and ass.igns; provided that the provisioni hereinaboveset forth establish the relationship beltween the Ranch andDeveloper's successors and assigns. rrris Agreement may not benodified or amended except in a-writing exec-uted by the partieshereto.
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Hrsc18727l r\rct 6.o20a
20. Commencement of Service. Subject to each of the terms,covenants and conditions hereof, the Ranch shall provide SewerService to the Developer Property as provided in this Agreement.
2L. Force l,faieure. Any obligation of either party under thisAgreement vhich is delayed or not performed due to acts of God,strike, riotr or weather, failure to obtain labor and materials ata reasonable cost, inability to gain governmental or regulatorylicenses, pernits or approvars, or any other reason beyond thacontrol of the party, shall not constitute a default hereunder andsuch obligation shall be performed within a reasonable time afterthe end of such cause for delay or non-performance.
22. Resolution of Disputes: Arbitration and Attorneyrs Fees.If and to the extent any person or party (including individualproperty owners) has a conplaint or dispute regarding theinterpretation of this Agreement or the provision of Sewer Serviceor the imposition and/or collection of fees, ratesr or chargeshereunder, such complaint or dispute shall first be addressed to,and heard by, the Ranch,s Board of Directors. If, and only if,after such hearing, the complaint or dispute has not beensatisfactorily resolved, the dissatisfied person or party shall beobligated to subnit the matter to binding arbitration before onearbitrator under the Comrnercial Rules of the American ArbitrationAssociation in Glenwood Springsr Colorado. ff the arbitrator findsthat a party j.s entitled to relief available only through courtproceedings, such as foreclosure or injunctive relief, the party*.y proceLd in court for such relief based on the alfitratorr3decision which shall not be challenged. In the event of anyarbi.tration or other proceeding to enforce the terms, conditions orprovisions hereof, the prevailing party in dny, such arbitration orother proceeding shall be entitled to obtain as part of itsjudgment or award, its reasonable costs, including attorneyrs fees
and gosts.
23. Limitation on Liabilitv. The Ranch, Developer, any
Successor Developer and the Developer Property Association, their
Boards of Directors, officers, agents, nembers and employees shal1not be liable to any person or party with respect to any matterarising in connection with this Agreement or the Sewer Service tobe provided hereunder except in the case of wilfuI disregard ofthis Agreement, recklessness, bad faith or malice, except thatDeveloper, a Successor Developer and the Developer PropertyAssociation shall be liable for palment of all fees, charges andother monetary amounts payable hereunder, and the Ranch sha1l beentitled to pursue the remedies set forth in Sections L2.a. and b.above and except that either party shall be entitled, in anappropriate case, to injunctive relief. No person or party shall
be entitled to recover any punitive or consequential danages in anyaction or proceeding arising under or in connection with this
Agreement.
_i8_
24. Entire Agreement. This Agre_ement and the llemorandtrm of
unaersiana@rtiesd1t9dDecember14'.L995(tl}loUx).,constitute the entire undeistanding between the parties hereto with
;;il;a io tne suUject matter hereof and aII other pr5.or agreements
or understanaingJ -sha1l be deemed merged into this Agreement and
the l.tOU. Thi;-lgreement supersedes the I.1OU to the extent of
matters covered herein.
25. Authoritv of Parties. -Developer -.is Colorado
"orpoi"tio in good standing under the laws of
the State of Colorado. fiie Ranch -is a Coloraho not for -profit;;;6;;aion r"iiaii ""i=ting and in.good standing under the laws of
the State of Colorado. Eich of the parties has the pover and
iutfrority to own its properties and to carry on -its, business as
now conducted, and, exclpt to thq extent permits, licenses or
approvafs are 'requiiea as -provided in Section 14b' hereof , has all
necessary power ind authorily to execute, deliver and perform ttris
Agreenent and any other doluments nad6 or given in connection
therewith and to be bound therebY.
fN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first set forth above'
RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION, INC.' a
Colorado nonProfit corPoration
By:Its:
Attest:
By:Its
ST.LAND COUPN{Y, a Colorado corporation
By:a
Its:
Attest:
By:Its:
MEC\A721t..reor 5.o26e -19-
STATE
COI'NTY
IsEAL]
STATE OF
COI'NTY OF
this //
OF Ca] nr.qrf n )
)ssoF Garfiel d )
The foregoing instrument was acknowledged before me on this13 day of February =, . 19{, by charrrrs Ho.r-towry asDres'i dent and by Hr rrlj n Ha'l;nos - asorfrado non-profit corporition.
Co/orado
My Conmission Expires. 6tLO/OL
/;Hln ss.
The foregoing instrument, _was acknowledqed before me on- day os-rebru(r/,, LssZ, by JClnes.XlkilZa - -- as
asand / by
)
)
)
of st. Finnbar Land cffiorado
0 / 2raara
My cornmission
of St. Flanbar Land Coryany, a Colorado
, IIYCOMMISS,OilEXHBES
ffyCOt{lttssdj{Flir,_.
,tftlst
)
) ss.
COTINIY OF
The foregoing instrument sas acknosledged)efore rne orl
_ d"y ot fr,bruart/, te&, avZld / ,*tltfr asa".d6
-
My conrml ssiou expires:
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A parcel 'of land situated in Lots 6 , L2 , 1 3, and L 9 of Section
Jri--t-"*"tn:-p 7 South, Range 87 Iilest of the Sixth Principal
llEiiaian, cirfield County, Colorado. Said parcel being nore
particularly described as follows:
E)G{IBIT IIAIT
Beginning at a rebar and cap marked L..S-. 1 9598,
coiner to tfre northeast coiner of said Section
North 41o 08 ' 04rr East, 3203 - 06 feet;
thence Souttr 11037'27t1 West, 1 304.69 feet;
thence South 23o4}t24tt West, 80-58 feet;
thence South 36o04'451t West, 85-16 feet to the
whence the witness
31 bears
centerline of the
Roaring Fork River;
thence the following eight courses along said centerline of river:
West, 233.2O feet;
to the Point of
1) North 65o57 '30rr West ' 567.75 feet,
2l North 63059 ' 48tt West , 319,32 feet,
3i North 56050'18rr West, 2O3.39 feet,
4) North 75o33'2Ltt West' 272.52 feet,
5i North 84o25'2ott West, 257.22 feet,
6 i North 87 o 41 ' 19rr West ' 223 - Lg f eet,
7) North 88030'35[ West, 346.L2 feet,
8i North 65059/,251t West, L20.LS feet;
tirence leaving said centerline North O0o30'00rr
thence South 80"31'40rr l{est, 499.O9 feet;
thence North OOoOO'33rr East, L2'13.O9 feet;
thence North 89011,,o'tlt East, 471.38 feet;
thence North OOoOOrrlSrr East, 262.L7 feet;
thence South 7 6o 47 ' 40rr East, 103 8 .73 feet;
thence South 13o12'2ott East, L20.00 feet;
ttrence South 81oO1tL7t' East t 285.92 feet;
thence South 4103o'2gtt East, 89.74 feeti
thence South 62048'46t1 East t 375.98 feet;
thence South 77o44'52t1 East, 31 7.O9 feeti
thence South 72o4Lt32rr East, t 36.34 feet
beginning.
together with all of Grantor's right, title and interest
in and to a perpetual easement which is desEribed as Parcel rrBrr in
ine agreemeni, -Eas"r"nt Grant and Mutual Release recorded october
;r; idee in Book 697 aE Page 615 u-nder- Reception -No. 375658 in the
records of the Garfield Corinty, Colorado Clerk and Recorder, except
6;a-;;rtion of said Parcel rfu-rr i761"h Grantor conveyed to Ralph L'
Braden by Warranty Deed, recorded Decenber. T, Lg87 in Book 725 at
e.q" 7gZ under Reception No. 388073 in said records.
Mlsc\tl?:'..\;gt5:2to
E)CIIBIT llBll
P"N{CH AT ROARING FORT(
HOIi{EOWNERS ASSOCIATION, INC.
RI'LES A}{D REGUI,ATIONS
(sEwER SERVTCE)
SECTTON 1 . GENERAL/EXPI,ANATORY }TATERTAL
PITRPOSE. The purpose of these Rules and Regnrlations j,s toprovide for the orderly management and operation of the sanitary
sewer collection and treatment systen serving the Service Area ashereafter defined.
L.2 INTENT OF CONSTRUCTION. It is intended that these Rules
and Regulations shall be liberally construed to effect the generalpurposes set forth herein, and that each and every part thereof isseparate and distinct from all other parts.
1.3 AI,IENDMENT. It is specifically acknowledged that the Ranchat Roaring Fork Homeogrners Association, Inc. (trHOArr) shall retainthe power to amend these Rules and Regrulations as it deemsappropriate, by action of the Board of Directors. Prior notice of
amendments shall not be reguired to be provided by the HOA.
1.4 DEFINITIONS. Unless the context specifically indicatesotherwise, the meaning of terms used herein shall be as follows:
Board and Board of Directors shall mean the governing
body of the HOA.
B.O.D. (Denoting S-Day, 20 degrees centigrade Biochemical
Oxygen Denand) sha1l mean the amount of oxlfgen which isutilized in the aerobic decomposition of sehragre underlaboratory procedures in accordance with the currentrrstandard Methods for the Examination of Water and
Wastewater. rr
Collection System shall uean the Sewer Hains which areeither Conmon Facilities or Local Facilities. Portionsof the Collection Systern will be owned, operated,repaired, maintained and replaced by the HOA, but someportions of the Collection System which are LocalFacilities may be owned, operated, maintained, repairedand replaced by a Designated Intermediary as the
representative of owners served by such Loca1 Facilitiesif so provided in a written service contract with the
HOA.
1.1
uma727!-4\2er5 01At
cornmon Facilities shall mean those facilities generally
seiving the HOArs Service Area as a whole. Examples are
trunk iewers and sewage treatment plants'
Designated, Intermediary-shall mean a Person designated' in
these Ru1es Je-R"g"l.€iot = or in a contract as the party
to act as an int6rnediary between the HOA and Owners
,itni" a"=ig""tea part oe- tfre HOA' s Service Area and/dr
to be a representative of Orrners in that designated area'
Notices to O*"rJ in an area with a Designated
;;a;rr"diary ,r""a onry be given to the Designated-
ila;t "di".i for that irea and palmells due'from owners
i;-;-"i"" iriitr a oesignated tnLernediary shall be- nade
iV trr" -pesignatea Internediary {or_ thaL area and, in
general, the foa rirt not be exfected oT required !o deal
ai;;;aiy ,it-rt - o*""it in an area with a Designated
i;a;;aaiary .-- - Tht Designated l.ntermediary f or st '
iinnfar is -tfre Developer of st. Finnbar or a successor
Developer of st. Finnb-ar until a proPe,rty assoc-iation is
formed for st. Finnbar and, trrLr&rt-"t, will be.the
property association for St' Finnbar' A similar
arrangement w-i-11 fe appficable to Preshana and a similar
irranienent is ippfiiiUfe to the Commercial Parcel (as
defined in the nlnch Covenants) within the Ranch. The
HOA is the Design"tea Intermertiary for owners of nulti-
i"ri.fy and "l"E-.rrinigm dwelling units. within the Ranch
for aII p.=po="s other than for palment of sums' fees or
charges due trereunder.
Developer shall mean the^person(s) r. firm, joint venture'
;;;a;;;it'ip ;; ;;;p"ratiln wtritrr is the owner or rand
within the service Area and whictr seeks to have the land
ierved by the Ranch at Roaring Fork Homeowners
Association, Inc.
Engineer sha1I mean the engineerilg firm' or duly
authoriz"a ,"pi"=""iiti"e, deJignated_ by the HOA to act
on its behalf in aII engineering and related matters'
tiii= igen includes an Inspector en:ployed by the Engineer'
EQR - This is an abbreviation for Equivalent Residential
Unit which is an average single-fanily detached residence
"I-in" Lg"ivalent, from a jystens dernand standpoint, as
,ot" fulfy described in Section 5'2 hereof'
sewer Main shall mean a sewer-pipeline which iS not a
S"i"i.. r,ine--ina Eiitying sanitaiy sewaqe wastes only'
service Line shall mean a seter line serving eitlter one
building or more than one building if such buildings
MB6r7i,7l.aee r 5.o201
are on the same lot or parcel and under common
ownership, ""t."ai"9 fril the building drain to the
;;;; u"iir ""a-=n"ii include the tap into the Sewer
Main.
Sewageshal}mean.anyliguidwastecontaininganimalori"iEEiuie rn"tI"i i" 3usp6n=ion or solution from
;;3id;""= o. co'n'nercial uuilaings'
ShaII is uandatoryi trltayrt is pernissive
St.Finnbarshaltmeantheareaadjacenttotheeast
boundary of ttre-nanch and, bounded 6n the south by the
Roaring Fork
-iii";;; on the east by The. catherine store
Road, oD the north by Preshana an& on the west by the
Ranch.
SuspendedSolidsshallmeanthefilterablesolids,""'=rrt"d by concentration in one liter of Sewage'
Tap Fee shall mean the charge per EQR. ?r portion
thereof cfrarged-Uy tn" HOA io=-"ottection of a property
to the HoA's sewer systen' th" ""trent Tap Fee is
$750o.
user sharl mean any person actually discharging sewage
into the sewer sYstem
z.L RESPoNSIBLE PARTIES! Ulle-s-1-otherwise agreed in a
written serviffiFf= the HoA's responsibirity to
"p"iit" ana niintain all cornmon Facirities'
It is the Developerrs responsibility to finance, desion' and
construct alr Lolar racirili"=-"=-alei.r,"a-rrereiir. sucfr iacilities
shall be constructed ir, .""ota."." with ttut'=.3t'd specif ications
approved, by th- HoA' rne o!vei;;;t- shall'pay the :"Ft of all such
facilities. After constru"ti"", the Orneis-served by the Loca1
Faciliries, ";;
-# ;;;-&i;a;, ,
't!r: Desisnated'. rntermediarv, as
representative of the O*""t=l'=h"II be rEsponsible for the
operarion, r.ini!r,;;"-;;-;;pi;cenent ot irr Locar Facilities'
It is the responsibility of the Owner or his builder to pay the
cost of and c-onstruct aff -ieivice f ines' Suctr service facilities
sha'I be constructed, ir, ."IJiai"""-"itn-prins and specifications
approved uV ,in", -ioa,
""a-!tiU--;; ="r1"'"t !9 lnsneltion bv the
HOA prior to-ut!. rf," individual owneri shall be responsible for
the operating, mainterr.rr"!r-="piir and replacernent of aII Servrce
Lines.
MlsC1o72 rl.490l f .o:aa -3-
2.2 LII,IITATION oF LIABILfTY OF HOA. It is expresslystipulated that no claim for damage shall be made against the HOA
by reason of the following: Acts of God or the occurrence of any
event or circumstance beyond the reasonable control of the HoA;
blockage in the system causing the backup of effluent; damage
caused by trsmokingtt of lines to determine drainage connections to
HOA lines; breakage of Sewer Main lines by HoA personnel;
inadeguate sewer treatment; interruption of serrer service and the
conditions resulting therefroml breaking of any collection or
service line, pipel valve, or meter by any employee of the HoA;
shutting off or turning on of service; making of connections or
extensionsl burst service lines and other facilities not owned by
the HoAi or for doing anything to the systeus of the HOA deened
necessary by the Board of Directors or its agents. The HoA shall
have no responsibility for notification to any Persons of any of
the foregoing conditions. Notwithstanding the preceding sentence,
the HoA shall make a reasonable attenpt to notify the other
Designated fnternediaries whenever practicable. The HOA reservesthe right to discontinue tenporarily service to any Property at
any time for any reason deemed necessary or appropriate by the
Board of Directors.
2.3 OWNERSHIP OF FACILITIES. All existing and future Comrnon
Facilities connected with and forming an integral part of the
sewer system and accepted for operat,ion and maintenance pursuant
to these Rules and Regulations shall become and are the property
of the HoA, unless any contract with an Owner, Developer or
Designated Intermediary provides otherwise. Said ownership will
remain valid whether the lines and treatment works are
constructed, financed, paid for, or othervrise acquired by the
HOA, or by other Persons.
Local Facilities shall be owned by the Owners served by
the Local Facilities and, if one exists, shall be managed by the
Designated Intemediary on behalf of the Owners within the area
served by such Local Facilities.
That portion of all existing or future, Service Lines
that is connected with the sewer systen, shall become and is the
property of the owner. This principle shall not be changred by
the fact that the HOA night construct, financer PaY for, repair,
maintain or otherwise affect the Service Line. The construction
and connection of any Service Line shall be done in conpliance
with these Ru1es and Regulations. The ownerts orrnership of the
Service Line shall not entitle the Owner to make unauthorized
uses of the sewer system once the Service Line has been connected
to a Se$rer Main. AII uses of the Service Line or any
appurtenances thereto at any tine after the initial connection to
the sevrer system shaIl be subject to these Ru1es and Regulations.
M(iC1672;l {!t5.5.O2d0 -4-
2.4 RfGHT OF ENTRY. The HOA, its agents, officers,
employees, or other Persons designated by the HOA shall bepermitted to enter upon all properties for the purpose ofinspection, observation, measurement, sampling, and testing, in
accordance with the provisions of these nules and Regrulations.
The granting of right of entry by the Owner and occupant is acondition to the provision of sewer service.
2.5 MODIFICATION, WAIVER AND SUSPENSION OF RT,LES. The HOAshall have the sole authority tor on a non-discriminatory basis,waive, suspend or nodify these Rules and Regulations. Any suchwaiver or suspension shall not be deemed an amendment of theRules and Regrulationsi nor will any such waiver or suspension be
deemed a continuing waiver or suspension
SECTION 3 - CONDITIONS OF USE OF IITTLITY SYSTEMS
3.1 APPLICATION FOR SERVICE. Subseguent to September I,1996, applications for service or nodifications of service mustbe filed with the HOA on forns provided by the HOA and (i) be
accompanied by the Tap Fee for initial service prior to anyaction to connect to the system, or (ii) be accompanied by theappropriate fees, if aDy, [rior-to ariy iodificati-on of sulhconnection to or service by the system. Only upon authorizedapproval of the application and receipt of any required fees maya connection or modified connection to or service by the systembe made. Application approvals attach to the designated premisesonly. They are not affected by changes in the ownership of thelicensed premises and are usable only in accordance with theterms of the approved application. Neither application approvalsnor the associated Tap Fees are transferable to other properties.
No taps will be pernitted or made during non-businesshours without specific, uritten approval of the HOA.
A1I information requested on the tap application formmust be completed, and a diagrarn of the tap location included.Should any infornation of a material nature disclosed on theapplication prove at any tine to be falser oE should the applicantonit any information, the HOA sha1l have the right to reassess the
Tap Fees originally charged at the rate current to the discovery bythe HOA of the false or onitted infornation, and/or to disconnectthe service in guestion, and/or to back-charge the property inquestion for service fees that may be due and owing, and/or to
charge any other or additional fee or penalty specified in theseRules and Regulations, oS amended. Any reassessment shall be due
and payable, together with any penalties or other additional fees
charged, and together with interest at the maximr.rn lega1 rate on
the entire balance, upon and from the date of the originalapplication
-5-
3.2 DENIAI, OF APPLTCATTON. The HoA shall havedeny application for service when, in the opinion ofservice applied for would exceed the capacity of the
the right tothe HOA, thefacilities.
3.3 MOVED OR DESTROYED BUILDINGS. When buildings are movedor destroyed, the original tap authorization shall terminate and nocredit shalr be authorized for Tap Fees paid previousry withrespect to said building.
3.4 CI{ANGE IN OWNER'S EOUIPUENT SERVICE OR USE OF PROPERTY.No change in the owner's eguipment, service or use of propertyserved shall be rnade without prior notification to and approval bythe HoA. The HoA shall have no obligation to provide service to any
Owner in excess of the EQRs which the HOA has expressly contractedto serve. Any change which increases the number of EQRs served bythe seter systern will require palment of an additional Tap Fee oiTap Fees. Any change which decreases the burden placed on the sewersystem shaIl not result in a refund, rebate or reduction of any TapFees or other fees previously paid.
3.4.1 Any violation of Section 3.4 shall result in theassessment of an unauthorized connection fee, as provided bySection 3.5 of these Rules and Regulations, and the HoA shall takethose steps authorized by these Ru1es and Regulations and Colorado
1aw regarding the collection of said fees.
3.4.2 Tf the HOA believes that any Owner has changed theequipment, servicer or use of their property in violation of thissection, the HoA shall notify the owner (if within the Ranch) orthe Designated rntermediary (if the olrner is not within theRanch)of the HOA,s belief, and the HOArs intent to 'assess anyadditional Tap Fees, service or unauthorized connection fees. Thenotice recipient shaIl be afforded thirty (30) days in which torespond to the HOA's notice. Failure to respond as required hereinwithin the thirty (30) day period shall be deemed to establish theHoA's belief concerning the nature and extent of the change, andsuch additional Tap Fees, service and unauthorized connection feesas are deemed appropriate by the HOA shaIl be assessed against theproperty in question and shall be collected as provided under theseRules and Regulations and Colorado 1aw. To defer the collection ofsaid fees, and as a prereguisite to the right to hearing asprovided for and described in Section 6 of these Rules andRegulationsr aDy response bye the Owner or applicable DesignatedIntermediary must, in addition to being provided in the thirty (30)days, include pernission to make such inspection of the property inquestiOn as the HoA deems necessary to clearly establish the natureof equipment, service and use of the property in question.
3.5 TNAUTHORfZED CONNECTfONS AND FEES. No person sha1l beallowed to connect onto the sewer system or to enlarge or otherwise
change equipment, service or use of property without prior palatent
-6.-
of Tap Fees, approval .".f app-1i93ti":--for service' and adequate
supervision "rra--ir,=pecti.on
-5r the taps by the_ HoA. Any such
connection, enlargenentr.ot'"iirrq; shali be deemed an' unauthorized
connection. Upon the discov"iy- of "t'y "'"uthorized connections'
the HoA Ddy, iri ii= ai="."tlot-i=="=t €ft" p="p.erty. an unauthorized
connection fee in an amount not to "*""Ld tiice the then-current
TaD Fees that would, ue aue-ror such pror"ttv' The HoA shall Send
written notice to the Ow'nei of ttre prJpertly benefitted by such
connections stating that ui-rrrriotrtoiizea-"oni."tion has been nade
between the owner's pto-p".iy ind .the :"yJ Lysten' The Owner sha1l
then have thirty (30) aays-trom the aate Lf the notice to pay the
then-current Tap Fees. If tf,"t f"" is piia within the thirty (30)
day period, tti"=rrrr.otfrorizJJEnnectiori lee shall be waived by the
HOA. In the event the then-current tap Fees are not paid within the
thirty (30) day period, or if the cap-woura excead the maximur
allowable number pursuant t; contrac€uai or other linitations a
notice of revocation of servi"" =n"ff fe sent and service shall be
disconnected pursuant to -iection 3-.4 of these Rules and
Reg:ulations . once discont'i.""Il, Eiwice may be returned to the
property only up.o^n receip-C- fV 'q: Hoe
-oi ioth the unauttrorized
connection fee (if asse"=ii1 -i"Jt1" then-current Tap Fees' a'nd'
any, service charges or -"rry'ottrgr crrarges that may be due' The HoA
also reserves, such rigntE oi- tot"cfolure as naY' be provided by
Iaw and/or tnlse nri"= i"a-n"g"i.-ti"t= foitfre coiiection of unpaid
i""= and charges of the HoA'
3.5 REvocATIoN oF SERVICE' service '1y-!:^I1Y-":*1" bv the HoA
upon non-pa)ment of any v-atid fees or cf,arges owing to the IIOA or
.rio., violation of these n"i.= .rra n"gofili"n= or the provisions of
any contract for service. In the event of non-palment or upon
violation of these Ru1es ""a i"g"!"t19."= or the provisi'ons of any
contract for service, the &;";iif "itnitt tn" nanicnl or Designated
rnrermed.iary (if such or"Jt"i;;;t 'itn ift" Ranch) shall be given
not less than thirty f lOl -ai,-s- advance t'oti"" in writing of the
revocation, which notice' =triff advise the Owner or applicable
Designated rnterloeaiary- of its opportunity to be heard in
accordance with the provisiong of tfi;se Rulei and Regulations or
A;-;;;ii""li" contrict for service'
Ifthenon-palnmentorviolationisnotresolvedwithin.
the time prescribed., ="rri"" to trre propertv shall be revoked by
blocking oi--ai="onnecting thg. "ppt-o-p?GtL
lil: serving the
properry. d" ;;;i-;i aisc6nnection ";-;I;1a99 shall be assessed
to the owner or applicauie-pesignated Internediary'
FAILURE ro coNNEsr. T1"-.9PT:1i:?i: ::connect to the
3 ;1.. =y =
rffi "i- :tii1;*{F:gi}:'1" f;";itil?l;;"H"='re:"i':ili"'.'"?TJi""1'1il;i:i1::-llt:**":"J;ffLIi'?:lH *i.i"=^ # ;*: ;:fu;1.":;. -"#;'-i.p'-r"",
-,,',rL== a iontract ror
service "*pt"==iv ir6vides otherwise'
Mra68727!..\0el6.o?6e -7-
4.1
4.l.lNounauthorizedPersonshalluncover,use,alter,
disturbr or make any conn""liot withr oE opening oltg, use' alter'
or disturb the sewer systen withotit tir:st o6taining a .written
permit from tne ffOe. Unarithorized uses of the sewer system include'
but are not linited to, "t,
-ott",rthorized turn-on or turn-off of
sewer service,;l t"rplri"g ;;ia any *,ay nodifying any facility,
even though the same ,"V "fE p"ti"r-"a dn a privately owned and
maintained Service Line'
4.L.2 No Person shall ma}iciously, willfully, .9r
negligently, break, damage, destroy, un"o.rer, def-ace or tamper with
anf p5rtion of the sewer sYstem'
4.L.3AnyPersonwhoshallviolatetheprov-isionsgr
this section 4.1 shall be prosecuted to the fullrextent of colorado
Iaw.
4.1- 4 Any Person violating any -o-f the. .provi-si]rns of
these Rules ""d n"g"i.iiot" shall becoue liab1e to the HoA for any
expense, Ioss or dJmage occasioned by reason of such violation, the
amount of which shall fe i-lien uPoq the violator's property or a
lien upon the property """""*i"g-,hi"tt the violat'or was providing
services at tfi" €ire of th;-vioiation in question, wtrichever the
HOA deems aPProPriate'
4.2UNAUTHoRIZEDUSEF.T!".sanitarysewersystemisfor
thedisposa1orwater"ffi.t"abyPiodegradabIewastes.Noperson shall make connection of r:oof downspouts' exterior
foundation d.rains, areaway drains, surface drains, or other sources
of surface runoff or groundwater to a build'ing iewer or building
drain which in turn is """"""ita directly or inairectly to the
sewer system. In order to lrotect the sewLge system from damage'
destruction, a"t".iotatitri- misuse or naliunction and to guard
against health hazards .na'tft" creation of public nuisance the
following regulations srrair -ippry relative €o the discharge of
s"*"g. c5ntaining deleterious wastes'
4.2.Lseptj.cFacilities.Aso'Fticfacilitymaynotbe
utilized, within the HOA Service Area unless a special pernit is
obtained from the HOA'
4.2.2 Prohibited Wastes'
(a) Industrial Wastes' No Person or Persons shall
discharge or ;;;=" l;-il ai="harged.any industrial waste
ia;ir;;d .= th;-iiq"id wasres from industrial processes,
MEC1o127t .,.\oel 6.02€O -8-
as distinguished from sanitary sewage) of any type intothe sewer system.
(b) Inflow/fnfiltration. No Person or Persons shall
discharge or cause to be discharged into the sewer
system, from |tground surface, roof ladders, catch basins,or any other source, surface or sub-surface drainage or
ground water.
(c) other Wastes. No Pejrson or Persons shall dischargeor cause to be discharged into the seter system any ofthe followingr, except to the extent permitted under the
express provisions of a rrritten contract for service or
approved application and upon the installation ofsuitable and approved, grease, sand, or oil interceptoror other pre-treatment facility:
(1) Industrial cooling water.
(2) Agricultural and livestock wastes.
(3) Unpolluted process eraters.
(4) Bakery/restaurant wastes.
(5) Car washing wastes.
(6) Swirnming PooI drainage''
(7) Floor drainage from enclosed and covered areas.
(8) Toxic or non-biodegradable waste.
(9) Any garbage that has not been properly shredded to
less than l/2-inch in the largest dinension.
(10) Any ashes, cinders, sand, mud, straw, shavings,
metal, gIass, rags, feathers, tar, plastic, wood, paunch manure, or
any other solid or viscous substance capable of causing obstruction
to the flow in sewers or other interference with the proper and
normal operation of the sewage works.
(11) Any waters or wastes having Ph lower than 5.o or
higher than 9.0, or having any other corrosive or toxic property
capable of causing damage or hazard to structures, equipment, or
personnel of the selrage works.
(12) Any water or wastes containing a toxic or poisonous
substance in sufficient quantity to injure or interfere with any
sewage treatment process, constitute a hazard to humans, animals or
-9-
fish, or create any hazard in the receiving waters of the sewagetreatment plant effluent.
(13) Any waters or wastes containing suspended solids ofsuch character lld quantity tlrat unusual attlntioln or expense i;required to handle such naterials at the sewage treatneniplant.
(14) Any noxious substances or malodorous waste, waters,gasesr or substance capable of creating a public nuisance, eitheiin the se$rer systen or at the sewage tieatient prant.
(15) A 5-day B.o.D. concentration greater than 300 ppm.
Solids.
sanitary
(16) A concentration of more than 3oo ppn of suspended
(17) Concentrated wastes from septic tanks and portabledevices.
(18) A peak flow rate greater than 5 times the averageflow rate.
- (19) _ Any chemicals having a 24-hour proportionateconposite sauple concentration at the point, of disch"'.g" in excessof the following:
Cadnium
Chromium
Copper
CyanidesIron
PhenoI
o.10 mglls.o mglL3.0 mgl)2.o mq/L15.0 ng/1
10. o mq/L
HaS (HydrogenSulf ide) 1.0 trLg/LZinc 2.o ngTr
(20) Recreational vehicle-produced wastes.
- (211 -l3f was.t9s. produced other than in a dwelling unit orcommercial building within the Service Area.
4-2.3 Sunp Punp.and other Illegal Devices. No plu:nbingfixture, device, conitrucLion or pluobing Lystem shall be iirstalle6within any building or improvenent which- wf:.r prorria" a connectionbetween the sewer system, directty or indireciry, or with a sewerService Line for the purpose of diaining ground.-or surface watersinto the sewer system , and no ptrysicJf connections shall bepertnitted wherebyt?l- a- Sewei servile-Line is connected to a sqmppunp or other facility in such a manner that through thamanipulation of valves oi because of, Iack of back pressure ialves,or because of.any other arrangement it is possiUfito drain flood,overflow, drain, storm, or groundwater dirLctly or indirectly int6
rr*68r2rt.aee t5.o28s
_10 _
the sewer systen. Any p-erson having connected, or permitting to be
connectea suci-i- rotuiaaen-'s,;t:l-*^i"' cotdot' ricilities' Local
Facilities, Cofiection Systei, Service iit'" or any Sewer Main may
be sun:narily o-iJ"-=-Jl; alr;""h"lt such r-oi;iaaen device or p,mping
svstem at his cost, an1 -;;;; failure to do sor the HoA may
f-orthwith disconnect .r,v ,"#i"" ;i;;;;oro the propertv containing
suctr a forbidden device ";-;;;irrg-sy=t", "t €n"-Sew6r Main' the
cost of which shall be. " iie; "ia crtaile a-gainst -
the property
involved,. No"SeiviE Line Etraff thereaf{er Ue connected to the
se\rer system without palment- of all appiicaure fees to the HoA'
costs and expenses of the i6'a i"f"tive t-n"ili"' and positive proof
that such improper and itteqar .orrrr""tiott or device has been
removed. ana wilt'not thereaftei be reconnected to the sewer system'
4.2.4 construction and cleaning of_Grease. oil and' sand
Traps) Grease, oil ana s.na
-iniercept"-t; shall be provided at the
sole cost and expense of in-"'-o;d ,n"", in the opinion of the
11oA[? ] , thev . are neces-sat{-- r;;- -tr'" .'irlp; i:-*'-i"n of liquid
wastes containing greases' o1I' "!9" i; eicessive amounts' or any
f lan,able waste!, sand or ' other 'f it'i"f ingredient' All
interceptors -;h;li be rocatla as. to r" l"iaily -available and'
accessible for cleaning ""Jl;;""iiott' Grease anabit interceptors
shalr be in an accessibre'10l.'tion for maintenance and inspection
and sharr be construct"J-oi irnpervious nateriars capabre of
withstanding abrupt and extrene chang"Ji" tenperature' They shall
be watertight, and, if. rr""J!""iv-i=-d"t"tti"La by !'he HoA' gastight
and venred. 'wrrere ir,=t"ir"a] arr ..;;;;" .lna oir and sald
interceptors =ilii-u" ,iiit"-i"La ry ttie owner at his expense' aD
continually efficient op"-i"iio. at-a11-1ines' The HOA reguires a
monthlyorperiodiccteaningand'punpingoflnygreasetrapsaS
approved by'tt " HoA. p"riili'" l"=p'""t-i;# nay ue rnade of sand and
grease traps ind interc#;;;= -;a i"'-i-n1-eient the owner is in
viorarion of rhese Rures '';f -""ili"iitr,=, the o-wner sha11 be herd
accountabte as set f ortn in -[ne=6 n't'I"= ttia Regulations ' The charge
for these inspections t" i'n" 6*L. "n"ii;; ; 6irect Dass-on of the
expense r" ;i""=;;A ;;i;h;il u" tip"iiitl"tiv uv tire HoA ror arr
costs incurred by the Ho; i; inspecting the property'
4.2.5SwiuningPools.Nopublicorprivateswirnmingpool
shall ne conn""t"a to the sewer system'
4.3.LsewerServiceLineMaintenance.Eachownershall
be responsibl; ;;;"int.i.i.g-ni" service Lines' - Infiltration
Ieaks or breaks in the Ser;""-ii""t -sh.a11 be repaired bv the Owner
wirhin zz nouis iro, trre tiil-Ji'".tiii""ti""-oi such c6ndition by
the HoA. If satisfactory'itogi"==-to'aia i"p"itittg The leak has
not been made by the !i#-
-Jp""iti?d,-- inL 'noa shalr have the
authority to repJirt.or h; i!p"ir"d,-th; Iines and shall charge
trre owner all rlsurting "o=t=-tirereof
. -rrt"-ioe
=rrurt be entitred
4.3
Mlsc18r27t..\9el 5 0284 -11-
toof
place a lien against the property of such Owner securing palment
such costs.
ENFORCED{ENT.
a. The HOA shall have the right to revoke service to any
property for violations of thlse Rules and f.egiu-Latio:rs in
icc6rdance with the procedures set forth in these Rules
and Regulations.
b. whenever a discharge of sewage or the operatiol of a
lJrease interceptor or sand or oil trap is in violation of
fn" provisionl of these Ru1es and Regulatlglts or
otheriise causes or threatens to cause a condition of
contamination, pollution or nuisance, the HOA will issue
a 72 hours, written notice to correct the practice. If
the practice is not corrected'within such time, the HoA
ltray notify the state Health Departnent and effect
di-sconnection of the Service Line from the sewer system,
until such time as the HOA has received adequate
assurances that any and aII violations of the HOA's Rules
and RegUlations wltf cease and will not occur in the
future. fn addition, all of the costs of the
ifor"r"ntioned proceedings shall be charged against the
property and, until paid shall constitute a Perpetuallien against the ProPertY.
When a discharge of wastes causes an obstruction, damage
or any other impairment to the sewer system, tl" HoA may
assess a charge- against the Owner for the work required
to clean or rLpair the facility and add such charge to
the Ownerrs (oi if applicable, such Owner's Designated
Intermediary'-=1 sewef Lervice charge, and the HoA shall
have such r&eciies for the collection of such costs as it
tras for the collection of sewer service charges which,
until paid, shall constitute a perpetual lien against the
property.
d. In order to effect its porrers, the HoA may enter uPon
private property for tha purpose of inspection and
iaintenante it =ittitary and waste disposal facilities and
nay terninate service to property in.which a violation of
an| of these Rules and n-gulations is found to exist.
In order to secure the palment and performance of the-Ufigations of owners, beiignated Intetmediaries, and
Users hereunder, each 6wner, Designated fntermediary and
User, on behalf of itself and its heirs, successors and
assiins hereby grants to the HOA and its successors and
assiins a plrpetual lien upon its property.. Sueh
p"rp6t,ra1 li6n snaff run with such property and shall be
4.4
-L2-
binding uPon and enforceable against each Owner'
Designated rnterueaiary and User ind eactr and aII of
their t"=p""tirL heirj, =o"""==or= and assigns' After
noticetoany-suctrowner,Designatg{InternediaryorUserand a 3o-day-tigtt of cure by ttre apolicable owner'
Designated rnt"-#"aitty ot-u="=', th9. p&'petual ti?1 '"V
be forecrosea-a-n-J/or LIecut"doi'realiZed upon by the HoA
as a mortgage, or by any o-tn& '"itt" authorized under the
applicable fiw=- of tha SiatL of Colorado. Such lien
shall be ptiot and superior to any other lien or
encumbra,,"" t^p-oi tiiJ"ppr-ic"-uG proper€y' excepting only
the lien for ad' varorem t";i;;";;lty.tiies and the lien
of any first mortgage "r- fir-# aeia of trust on the
applicabfe propertV-9iX"1 in g""a f^1ith and for value and
perfected nv -f"""iding i" -tfi;-oeri"" of the clerk and
recorder of c"tr1"ra c6unty, tortraao'-PTior- t^" :l:^Ti'"
of recording by or on fefrlif of the'ftba of a specific
notice of lien clain'
GENERAL. ThE HOA hAS established Tap Fees and a mechanisn
i"i aeternining service charges'
a"".".="d bY tlie HoA at anY tine
These fees may be increased or
without notice.
setting of
Eguivalent
Schedules
equivalent
5.1
5.2 Tap Fees, the
Residential
is an average
The Schedules
establish
ii"iu--s"hedules. The basis for.:h?::
detached single-faroily residence' or lt"
;;;i;"; il aPPendix e attached hereto'
For the
sEwER sERvIcE cHARGEs ' s"Y:1 -1v=-t-a-:L"t""tl:l
t:::ll::
H:d:i':il:i{;::!i='1:'Jl:!g-!bl:"-Y-"i^"*f::t::i:,[=L=n";t^?:charges snarr pe ,.'rr'rEu q"u on the IIOA's
amount determined by tne noa ir6n time to time based
-r-a $laa arrctam - the HOA:::t*.:"'"?a'#;;J=T;"."=ilvto:p-'1,*"--:1"^-:YlI3';.,..33?"H:
ffi :itT:":"'J;HlT]"i'"=""ir-ii-i"rii"a-rix"appropriatead justments
. l^a nriA hr; aar:h OWngf and::allJln"t#::?it'"="":H;;;"-piia or to-Le piia bv each owner and
oeiignatia rntermediarY'
5.4 At anY tirne !l:. o"'"t ot' if
applicable, t ..y G iwenty (zo) days overdue
in payment of any charg"r ai; th" iOA,, tfte iOl =fraif have the right
to assess a late charge oi-r"r, Dollars -(5ro.oo).,ang an interest
charse ar a rare of one ;";;;;t-[i *l blt ,"ti'trt on the unpaid
balance.
TheHoAhastheright.to.assesstoanvowneror
Designared; rntefiea-i#v yrr" i= ;;;;aue in pa'vment of his
account, all legal, court, di;;;;;ection,- flockage and
MEc\8r'1!7t.,nge I 5.o2sC -13-
other costs necessary to or incidental to the collection
of said account.
s.s PENALTIES FOR FORECLOSITRE-EROCEEDINGS. If at any tine_it
becomesneces@e,fo1Iowingeffortstoco11ectoverdue
falments of any i"" or charge assessed by the HOA Snger these Rules
i"& n"g"Iationls or othertrise to enforce the provisions hereof, to
initiafe foreclosure proceedings, the HoA shall in each such case
assess a foreclosure iee againsl the subject property in an amount
"q"if to the attorneys, fles and other costs of the foreclosure
pi""""aings. palment tf said foreclosure fee and any and all other
i""=. out3tandi-ng against the subject property shall be a
trecondition to tne iesunption of service to that property.
6.1 APPLTCATION. The complaint resolution and appe?l
procedures eGEEEa by this - Section shall apply . to all
Eonpfaints concerning the interpretation, application, or
enflrcement of the Rules and Reg:ulations of the HoA, ds they now
exist or may hereafter be amended.
6.2 INITIAL COlrtpLArNT RESOLUTION. Complaints.concerning the
irri"tp."ta (proenforcement of the Rules and
n"g"r"tions of the HoA must be presented in writing to the HoA.
ti;6;-;;.eipt of a complaint,. a heiring officer may be designa!-ed bY
tire HoA to hear and investigate the complaint. After a full and
""rpi"te review of the allegltions contained in the complaint, thg
h;;;Gg of f i."t shall taXe such action and/or make such
determi-nation as may be warranted and shall notify the complainant
"i tn" action or alterrnination bye nail within thirty (30) days
after receiPt of the comPlaint.
6.3 AppEjaLS TO THE BOARD. In the event the colplaina-nt
ai=.gr"es Etr ttre aetern'ination of the hearing of f icer, !h"
""rpiainant ,;t, ,ittti.n fifteen (15) days frorn.the date of rnailing
of Such aeternination, file with the HOA a written request- for.an
appeal thereof to the Board of Directors. (If n9| such hearing
oiiicer *.= "plointed., the complaint shall be heard in its entirety
uv-lt" goard-Lf Directors). irre request for an appeal shall set
f'orth with rp"tif i"ity the'facts upoi which the complainant relies
and shall contain a brief statement of the complainant's reasons
for the appeal. The Board shall consider the complainant's nritten
i"q""=t it' tn" next reg:ularly- s-cheduled meeting- held not earlier
thin ten (10) days aftei the filing of the_ compLainants reguest for
appeal. -Suttr donsiderations shall be Linited exclusively t9 a
review of ths complainantrs written request for appeal. No further
evidence shall Ue- presented by any party to the appeal and There
shall be no righd to a trealing de novo before the Board of
Directors.
Mrr1ozlT!.in9e l6.o20a -14-
6.4 9o^qBD's FrNDrNGs,. The Board of Directors sharr makewritten findings concerning the .disposition, oi the "pp"iipresented to it and shall cause notice Lf tne decision to be-ientby certified mail to the complainant within thirty (30) days aftert!".hearing.. The Board of Directors will not rev6rje the decisionof the hearing officer unless it appears that such d,ecision w"=contrary-to the manifest weight of the evidence made availabfe [othe hearing officer
6.5 ABBrrBATroN., rf, anq gnly if, after a hearing by theBoard of Directors, the complaint has not been satisflcttrifvresolved, the conplainant shall be obligated to submit the r"[["ito_binding arbitration before one arbitiator under the commercialrules of the American Arbitration Association in Glenwooa springs,cororado. rf the arbitrator finds that a party is enti€led -t;
rerief availabre. only through court pioce6aings, such asforeclosure or_injunctive rerief, the party-nay proc"td'in couit a;obtain such relief based on the irbitritor-rs aL6ision, which =t"iinot be challenged.
7.L
SECTTON 7 - SPECTFIC SERVTCE CONTRACTS
cgNFlrcrs. r and to the extent the terms of these Ruresand Regrulations are inconsistent or in conflict with the expressprovisions of a written service contract between.the HoA and anowner or Designated Intermediary or to the extent the expressprovisions of such written servicL contract are more specific wittrregard to any particular matter, the express provisiions of =uchwritten service contract shall supersede and b; controlling ;;;the terms of these Rules and Regiulations. One such servicecontract is the sewer service Agreenent dated1995, between the HoA and st. Finnbar Land coupanil
Mrsc10727r.{tet 5.020!
-15-
APPENDIX A
EQUIVALENT RESIDENTIAI I'NIT (EQR) SCHEDI'LE
SEWER TITILITIES
Class of User
RES IDENBIAL CI,ASS I FI CATIONS
QER
1. Single family residential units within the property
annexed into the HOA (whether condominium, tow'nhome or detached
residence and regardless of number of bathrooms, bedrooms, Half
Baths, Caretaker Units or Outbuildings)
2. Sing1e fanily residential units not annexed
HOA with up to three (3) bedroons and two (21 bathrooms
Baths
1.0
into theor HaIf
1..0
0.43. Caretaker Unit not annexed into the HOA
4. Each additional bedroon, bathroom or Half Bath not
annexed into the HOA
eualifications and Definitions. The addition of bedrooms
and/or baths with a service demand of less than one-half (.5) EQR
shall be allocated one-half (.5) EQR and Tap Fees for EQRs must be
paid for in one-haIf or whole nunber increments; provided that,
partial EQRs required to serve a residence, Caretaker Unit ald/or
Outbuilding nay Ue aggregated with the EQRs of the associated
residence. ttCaretaker Unittt shall mean a dwelling unit, Iocated on
the lot or parcel containing a primary residence, whether attached
to or detiched from such residence and used by the fanily
inhabiting such residence, such fanily's g:uests, employees and/or
tenants and containing no uore than one (1) bedroom and no more
than one (1) bathroom or HaIf Bath. trHalf Bathrr shall mean a toilet
and wash- basin. I'Outbuildingrr shall mean a non-dwelling unit
associated with, but detached from, a residence or Caretaker Unit.
COMI'IERCIAIJ CLASS IFICATI ON
[to be established as necessarY]
OTHER CI,ASSIFICATIONS
Eguivalents sha1l be established on
an individual basis for all users
other than those identified in
Classifications A and B.
ME[l87:r7l.,a\eel 5,O284
E)GIIBIT Cto
SEWER SERVICE AGREEX.IENT(St. Finnbar Property)
Section 9.5(e) of Article IrX Water and Sewer Service, ofthe second Amended Decraration of covenants, conditions,Lirnitations, Restrictions, Reservationsr rLiens andcharges for the Ranch at Roaring Fork shall be amended toread as follows:
(e) To other users outside the project but withinproperty adjacent to the Ranch pursuant to a servicecontract between the Association and any such users or anentity acting on behalf of such usersr- said contract tobe approved by a najority vote of the Board of theAssociation. No water or seyer service nay be providedto such users outside the project which exceeds thecapacity of the Association's water and sewer faciritiesincluding any expansion thereof. Any such servicecontract shall require the users, at a minimum, to payall costs of constructing, installing, operating,maintaining, repairing and replacing facirities, whetherinsider or outside the project, designed sorely to servesuch usersi to pay a fair share of the varue oi existingor expanded facilities designed to serve both such usersand other users in or outside the project; and to pay afair share of the costs thereafter of constructihg,installing, operating, maintaining, repairing anarepracing facilities designed to serve both such usersand other users in or outside the project. The fairshare of costs or value to be paid by such users outsidethe Project shall be deternined by the Board of the,Association in its discretion but shall, at a minimu:n, beat least equal to the proportion which the units or EeRsattributable to such outside users is to the totar of theunits or EQRs served by the jointly used facilities. Inno event shall the Association server or hord itself outas serving or ready to serve all members of the public,or take any action which wilr cause the Association to beclassified as a public utility under the laws of theState of Colorado.
Mrsc1l72rt.{0er 5.o2ea
EXHIBIT D
LAITD DESIGN PARTNERSHIP
918 CooperAvenue, Glenwood Springs, CO 81601
97 0-945-2246 I F ax 970-gt5-4066
MEMO
3/10/98
Ranch at Roaring Fork
Date:
To:
From:
Project:
Job #:
This summary is presented in replacement of a summary dated February 1 1, 1998
which contained an error. Aslo, attached herewith are the billing summaries from each
consultant.
Following is a summary of the consultant expenses incurred during 1997 in St. Finnbar
Land Company's efforts to achieve approval for an alternate wastewater treatment plant
site and the establishrnent of an administrative authority to manage the proposed
facility. This summary does no include the legal expenses incurred in pursuit of the
wastewater treatment plant.
$11,150.25
$14,308.38
$ 2,838.01
$ 4,316.79
Ron ListonE^Ui*
St. Finnbar Farm
8941
Land Design Partnership
Zancanella & Associates
Aquatic and Wetland Consultants
High Country Engineering, lnc.
TOTAL $32,613.43
1E"-|t@94*8l66 Pt8?FEB-li-Sg 14:54 '-ISTON hiiJSE E\TP LDP
AH'B'T D
LAND DESIGN PARTNERSHIP
s;?;;' A;,", c'iffii;Bl!X'h%" 81 601
Date:
TO:
Fax#:
From:
Proiec:
Job #:
MEMO
2111t98
Ranch at Roaring Fork
Ron Liston
St. Finnbar Farm
8941
Number of sheets transmitted including this cover sheet 1
Folrowing is a sumrnary of the con^sultant erpense' incurred during 1997 in st' Finnbar
Land company,= "tro,i,
to achievc ffi;;;;ffiit" "rilr*t" '*astiw*er treatrnent plant
site and tne estaur-isrrment "lr_",:fl'#iliJi"" "u,noii'v
to *in"g: !!" proposed
facility. This sumrnary does no in.rui"irre regar "'p"n'tt"
incurred in pursuit of the
*jii*ater treatrnent Plant'
Land Desisn Partnership lii:138.33
Zancanella & Assoclal's .rraarr S S,OgZ'tg
mrri:ll^l*ll?,il:iH:" i +'iiozs
Monthly summaries will be provided under s€paratl cover'
LUry UI| Ilfl [! I Ll! I lI !fli f LUL
rt r ].ultl,t! r
I of E R 40.oo o o.o0 GnRFia[o b6unrv co
facilities
about the
4ca
l-..'' -)
, dr,\O
SEWER CONNECTING MAIN AGREEMENT
(St. Finnbar, Preshana Farms, Ranch At Roaring Fork)
(Partially Amending Agreements for Sewer Service)
THIS AGREEMENT ("this Agreement") is executed this q- t day o{
1999, bv and between, the RANCH AT ROenfNC FORK HOIvIE OMvERS ASSOe'IfTlOilJ].tC.,a Colorado non-profit.corporation (the "Ranch"), ASPEN EQUESTzuAN ESTATES , LLC, acolorado limited liability company ("AEE"), and ST. FINNBAR LAND coMpANy, a coloradocorporation ("St. Finnbar")(AEE and St. Finnbar collectively referred to as "Developers,' orindividually as "Developer")(AEE, St. Finnbar and the nancn collectively referred to as the"Parties")
RECITALS
A. The Ranch is the homeowners' association for aresidential community known as..The
Ranch at Roaring Fork," located in the County of Garfield, State of Colorado (the
"Ranch Property").
B.
C.
D.
E.
F.
The Ranch owns and operates a wastewater treatment plant and related
appurtenances and collection systems (the "Existing Facilities,,) on and
Ranch Property for the benefit of the owners thereof.
The_Developers are the owners of certain real property located in the County ofGarfield, State of colorado, (the "Developei properties,'), which Developer
Properties lie adjacent to the Ranch property.
St. Finnbar and the Ranch have entered into an Agreement for Sewer Service dated
August 4,1999 ("St. Finnbar Agreement") for the provision of sewer sen,ices to the
St. Finnbar property as referenced and described in the St. Finnbar Agreement.
4Eg-Pa the- !.a19h have entered into an Agreement for Sewer Service datedsW(*AEEAgreement,,)fortheprovisionofsewerservicestothe
AbE property as referenced and described in the AEE Agreement.
The St. Finnbar Agreement and the AEE Agreement ("collectively, the "Developer
Agreements") provid" gl" connecting sewer main line (,.connecting Main,,) tobe
constructed on the Ranch Property in order to provide sewer service to the DeveloperProperties. However, the Developer Agreements currently contemplate that the
Connecting Main will be constructed by St. Finnbar with cost reimbursement to comefrom AEE.
The Developer Agreements provide for each Developer to design and constnrct
sewage collection systems (the "Developer Collection Systems") oir their respective
Developer Properties.
G.
LLll|Il Ull Ultlulll lll llll[ ][] ilt IIililil lllrss3 lz 1 Lo / 04 / tees o2 t oap e irE J Fb6z -n "n-ui6bh?-'
2 ol 8 R 40.OO O O.OO GRRFIELD COUNTY CO
H' The Parties wish to amend the Developer Agreements with respect to the design,
construction and utilization ofthe Connecting Main, the cost recou"ry associated with
the connecting lvfain, and which party will construct the Main.
I' The Parties desire to address these issues within in this Agreement and set forth their
agreement regarding the terms, covenants and conditions underwhich such Connecting
Main will be constructed and utilized.
J. The Parties desire this Agreement to supercede, modify and./or amend the Developer
Agreements to the extent such Developer Agreements are inconsistent or conJlict inword or interpretation with this Agreement.
NOW, THEREFORE, for and in consideration of the
hereinafter set forth, the parties agree as follows:
premises and mufual covenants
1' Section l.b. in the DeveloperAgreements shall be amended in its entirety to read as follows:
Connecting Main. A connecting sewer line will need to be designed and constructed withinthe Ranch Property ("Connecting Main"), in order to connect the Developer CollectionSystems to the nearest existing main on the Ranch Property in the cul-de-sac at the end ofStagecoach Lane. The Connecting Main is expected to traverse through (l) the easementdescribed in the Agreement, Easement Grant and Mutual Release da:tecl'June 2g, 19g6,recorded in Book 697 at Page 616 of the Garfreld County real estate records 1;.UsageEasement"), being an easement under which AEE has the rig-ht to use a portion of the RanchProperty adjacent to the AEE Properfy's west boundary (Presh*u lirug. portion"); (2)through the easement owned by St. Finnbar along the south line of Lot 13, i.anch at noariniFork, Phase 5, or, through the easement along the southerly boundary of Lot 12, Ranch ajRoaring Fork, Phase V, as described in the Agieement for *ater and Sewer Easement datedOctober 20, 1995, recorded in Book 957 alPage 131 of the Garfield County real estaterecords; and (3) through the cul-de-sac to the point where the existing Ranch main is located(the "Connecting Main Easement Route"). The Parties hereby grant t"o .u.h oth.. u reciproJnon-exclusive- easement right and privilege to use and *:"y the easements along theConnecting Main Easement Route.
The Connecting Main shall be owned and operated, maintained, repaired and replaced by theRanch' Noturithstanding that fdct, the Connecting Main shau te designed, enlineered andinstalled by and at the cost and expense of the bevelopers, subjecito the direction andapproval ofthe Ranch, or if it has been activated, the Committee, ddefined in the DeveloperAgreements, inthe exercise ofits reasonable discretion. The Developers shall indemniff andhold harmless the Ranch from all loss, cos! damage and expense, ir.r,iarrg, *ithout limitation,attorneys fees, arising out of the design, e-ngineering and instaliation oft[L Connecting Mainby the Developers. Such loss resulting from the dJsign, engireerirrg;d installation of theConnecting Main shall be borne by the DeveloperJ in accora*.i *itr, their respectiveDeveloper Share.
Lt|nll IIL il ll lll] {l I H I lI lfli lLuL
I|l lll[lltr I
3 of E R 40.OO O O.0O GRRFIELD COUNTY cO
The Connecting Main shall, at some accessible point, have manhole access and a means to shut
off effluent entering the existing Ranch system.
The Developer first prepared, in terms of land use approvals, planning and construction
schedule, to tie into and begin utilizing the Connecting Main shall have the right and obligation
to design and construct the Connecting Main (the "Constructing Developer").
2. Section 4.b. in the Developer Agreements shall be amended in its entirety to read as follows:
Developers Rights to Connect. Whichever Developer is not the Constructing Developer
pursuant to Section l(b), as amended (the "Connecting Developer"), shall have the right to
connect into and use the Connecting Main . [t is expected that each Developer will tie-in and
connect their respective Developer Collection Systems and collection main lines to the
Connecting Main at the point labeled "MH .A.3" on the attached Master Utility Plan Map,
incorporated herein by reference, which point lies in the Usage Easement . Any such physical
connection to the Connecting Main shall be at the sole cost and expense of the Developer
making the connection. The Constructing Developer shall timely submit to the Connecting
Developer and the Ranch the design and engineering plans and specifications for the
Connecting Main and the Connecting Developer and the Ranch (or the Committee, if
activated), at their sole expense, shall have the right to (i) review and, based on reasonable
grounds, approve and/or disapprove ofthe design and engineering plans produced by the
Constructing Developer's engineers, and (ii) inspect construction of the Connecting Main to
insure compliance and adequate provision for the Connecting Developer's future tie-in.
At the time of connection, and as a condition precedent to commencement of service to the
Connecting Developer, the Connecting Developer shall pay to the Constructing Developer its
Developer Share, as defined below, of the costs to the Constructing Developer of designing
and installing the Connecting Main ("Construction Costs"). The "Construction Costs" ofthe
Connecting Main shallmean and include all labor, materials, equipment, engineering, survey
work, permit fees, inspection fees, and other actual out-of-pocket costs and expenses
reasonably required in connection with and incurred to complete the design, constmction, and
installation of such Connecting Main and manholes.
Upon completion of the work, an affidavit of costs itemizing and certiffing all costs and
expenses incurred inconnectionwiththe Connecting Mainconstruction, will be submittedby
the Constnrcting Developer for approval by the Ranch and Connecting Developer, thereby
establishing the "Construction Costs" forpurposes of reimbursement underthis Agreement.
Any disputes regarding incurment or payment of Construction Costs shalt be submitted to
binding arbitration before one arbitrator under the Commercial Rules ("Rules") of the
American Arbitration Association in Aspen, Colorado. In order to expedite said arbitration,
all time periods set forth in the rules shall be reduced by one-half (%) except that no time
period shall be less than three (3) days and no time period affecting performance by the
arbitrator shall be reduced except with the consent of the arbitrator. Ar purt of its award or
judgement in the arbitration, the arbitator shall have authority to award the prevailing party
its reasonable attomey fees and costs. Pending any arbitration, the Connecting Developelhay,
lIllilililt llilil ill[il]il[lill]ilt llilt ll]Illl553171 lO/O4/1999 O2t02P Blt53 P669 tt RLSD0RF4 of E R 40.OO O O.00 GRRFIELD COUNTY C0
at its option, escrow with the Ranch the amount set forth in the affrdavit of Constnrction Costs
and obtain immediate service. The escrow amount shall be deposited with a local commercial
bank in a money market tvpe account with all interest accruing thereon paid to the Connecting
Developer. Absent negligence or willful acts or omissions, the Developers agree to indemnify
and hold harmless the Ranch in connection with its undertaking any duties as the escrow
hereunder.
Following construction ofthe Connecting Main, each Developer shall reimburse the Ranch its
Developer Share ofthe costs of thereaftermaintaining, repairing and replacing the Connecting
Main ("Maintenance Costs"). The "Developer Share" shall initially be based on the
Developers'development plans and shall be77%o to AEE and23oh to St. Finnbar. After
build-out on the Developer Properties, the "Developer Share" shall be adjusted and from that
point forward, mean the proportion which the EQRS on the particular Developer Property and
actually connected to the Connecting Main, bears to the total EQRs actually connected to the
Connecting Main.
The Ranch may shut off sewer service to a Developer ifthat Developer at any time fails, after
reasonable notice and right to cure, to pay its Developer Share of any Maintenance Costs
required to be paid to the Ranch.
Sewer Line Easement Over Preshana Usage Portion. AEE agrees to grant to St. Finnbar and
the Ranch a perpetual, non-exclusive easement, right and privilege to use the Preshana Usage
Portion, for purposes of St. Finnbar installing and utilizing a sewer line to connect to the
Connecting Main.
Future Cost Recovery and Capacity. The Developers have a first right to the capacity in the
Connecting Main. Should any other party hereafter connect to or otherwise utilize the
improvements funded by Developers for pulposes of collecting and/or conveying effluent to
the Ranch wastewater treatment system ("subsequent User"), they shall be required to pay to
Developers, in an amount equal to the costs incurred by the Developers multiplied by a
fraction where their proportionate demand, computed and calculated on an EQR basis is the
numerator and the denominator is the total EQR's to be served by the facilities between the
Developers and the Subsequent User(s), escalated at the rate of 3Yoper year from the date of
Connecting Main completion to the date of the Subsequent User connection ("Developer
Rebate"). For purposes of this provision, the term "EQR" shall have the definition set forth
in the Developer Agreements. The Ranch shall condition sewer service to such Subsequent
User(s) upon payment of the Developer Rebate.
Representations Regardins Easements. St. Finnbar represents to the other Parties that it is the
owner of and has good title to the easement recorded in Book 892 at Page 513 ofthe Garfield
County Real Estate Records ("Lot 13 Easement') situated along the south line oflot 13, Ranch
at Roaring Fork, Phase 5 ("Lot 13"). AEE represents to the other Parties that it is the owner
of and has good title to that part of the Usage Easement under which AEE has the right to use
a portion of the Ranch Property adjacent to AEE Property's west boundary @reshana Usage
Portion ), and to the easement along the southerly boundary of Lot 12, Ranch at Roaring Fork,
Lttu ![L !|I{'lllll I H I
uf flr IL uL
lI I H[f ttl I
5 or 8 R 40.so o o.o0 cnRFiiid b6unrv co
Phase V ("Lot 12"), as described in the Agreement for Water and Sewer Easement dated
October 20, 1995, recorded in Book 957 at Page 131 of the Garfield County real estate
records ("Lot 12 Easement"). The Ranch represents to the other Parties that it is the owner
of and has good title to (or, in the alternative, has the right to make available for the purposes
ofthisAgreement) thatportionofthe Connecting MainEasement Route fromthe westerly end
of the Lot 13 Easement or Lot 12 Easement through the cul-de-sac at the end of Stagecoach
Lane to the point where the existing Ranch main is located. With respect to the Lot 13
Easement, St. Finnbar agrees, within sixty (60) days following execution of this Agreement
by all parties to provide the other parties with either: (i) evidence from a reputable title
company that no mortgage or deed of trust (a "Lien" and the holder thereof being a
"Lienholder") on Lot l3 is senior or prior to the Lot 13 Easement or (ii) good and sufficient
subordination(s) in recordable form by arry senior or prior Lienholder(s) on Lot 13,
subordinating said Lien(s) to the Lot 13 Easement. AEE agrees, within sixty (60) days
following execution ofthis Agreement by all parties that it shall, with respect to the Preshana
Portion of the Usage Easement, provide the other Parties with either (i) evidence from a
reputable title company thatthere exists no Lienholderonthe AEE Property with alien senior
or prior to this Agreement and, in particular, the easement granted to St. Finnbar under
Paragraph 3 above or (ii) a good and suffrcient subordination(s) in recordable form from any
Lienholder(s) on the AEE Property subordinating said Lien (s) to this Agreement and, in
particular, the easement granted to St. Finnbar under Paragraph 3 above. AEE further agrees,
with respect to the Lot 12 Easement, within sixty (60) days following execution of this
Agreement by all parties, to provide the other parties with either: (i) evidence from a
reputable title company thatno mortgage ordeed oftnrst (a"Lien" andthe holderthereofbeing
a "Lienholder") on Lot 12 is senior or prior to the Lot 12 Easement or (ii) good and sufficient
subordination(s) in recordable form by any senior or prior Lienholder(s) on Lot 12,
subordinating said Lien(s) to the Lot 12 Easement.
6. Recordation of Agreement. Upon full execution hereof, this Agreement shall be recorded in
the real estate records of the county(s) where the properfy-(s) affected hereby is located.
7. Limited Modification. The Developer Agreements shall remain in full force and effect and
all provisions contained therein shall apply equally to this Agreement and be unchanged,
except as expressly amended or modified or rendered inconsistent with the terms of this
Agreement, in which case the terms of this Agreement shall control.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe date first
set forth above.
RANCH AT ROARING FOR HOMEOWNERS ASSOCIATION,
lNC., a Colorado nonprofit corporation.
By:
Its:
!q?ry!q;ry'i''fiilt"'1'l',1,!g'Itfl $l[lffir
ASPEN EQUESTzuAN ESTATES, LLC
-..--
"1=--'t''-/7Bv:,*-- -.-.l-2a.i-;i'y'2'1---
-/.-..' ' ,/
-/''' ,/'
ST. FINNBAR LAND COMPANY, a Colorado corporation.
By:
Its:
STATE OF COLORADO
COLT|{TY OF GARFIELD
)
) ss.
)
_ ::'.,'.
The foregoing instrument was ackno-wl.edgeC before [le on this].i dav of\ 'trf' '
.
1999. by'r.. ', - i: .t ( , F,rSr[uc0cl *- l-A;tJtcLAr(L *d u-y '
-'
Ief Ranch at $rariOg Fork Homeowners Association,Inc.
a Colorado non-profit corporation / .\ I ,l
--rl&:iir r-r,i I .'l't < i, ts, ,r;V"
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k-za
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Notary Public J
My C ommi ssi on Exp ire s : _#y€ornmissirntip
ires7tzyzoo1
! 'r. i -, ^ -4i t-\STATE OF ', ,i'i lj *l&U ):
couNrY or -R rjcuir., l"'
The foregoing instnrment was acknowledged before me onttldA day of
Jay weinberg as managing member of Aipen Equestrian EstatilJlb, '
a Colorado limited liability corporation.
My Commission Expires:
srArE oF Co /o ra /o
fiil'n
)
) ss.
)COUNTY OF
The foregoing
Colorado corporation.
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March 3, 2000
Mark Bean
Garfield CountY Planner
109 Eighth Street, Suite 303
Glenwood SPrings, CO 81601
RE: Saint Finnbar Farm - Water Suppties for Fire Protection
Dear Mark:
I met yesterday with Ron Liston, Leslie Hope of High Country Engineering and Tom Z'anlcarlella
of Z,arcanetla & Associates. We discusseaine profosed "shailow well infiltration gallery" for
supplying fire protection water for the su6ivision. I have commented previously regarding our
concerns about the proposed systenq since it would be the first system of this type in the fire
district.
There is currently an open excavation near the site that is being de-watered by M&M
construction in order to install u ,"*", lift station. we have visited the site and observed the de-
watering operation. Based upon our observations of the amount of water flowing from the open
excavatiorL we believe that the proposed shallow well system should perform as intended' The
;;6;.J d.sign for the systemis aiceptable. .We.will want to test the flow from the svstem
before accepting it and can determine at ttat time if any modification to the design is necessary'
I have requested that the engineers provide the District with a certification of the water supply
for submittat to ISO gnsurice Services Office). I have outlined the ISO submittal
requirements previously dtring preliminary plan comment'
Please contact me if you have any questions'
FIRE . EMS' RESCUE
'Wg
Bill Gavette
Deputy Chief
Cc: Leslie HoPe
Ron Liston
carbondale & Rural Fire Protection District
300 Meadowood Drive. Garbondale, CO 81623'970/963-2491 Fax 963-0569
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TOTRL P.A3
BASALT WATER CONSERYANCY DISTRICT
WATER ALLOTMENT CONTRACT NO. 32.I
Pursuant to C.R.S. 1973, 37-.15-131
St. FinnbarLand Company, a Colorado Corportion (hereinafter "Applicant") has applied
to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the
State of Colorado. organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973,
37-45-101, et seq., for an allotment Contract for beneficial use of water rights owned, leased, or
hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following
terms and conditions:
1. OUANTITY: In consideration of the covenants and conditions herein contained,
Applicant shall be entitled to receive and apply to benetlcial use 0.43 cubic feet of water per second
from the District's direct flow rights arrd 16.2 acre feet per year of storage water owned or controlled
by the District.
2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract
shall be tiom the District's water rights decreed to the Basalt Conduit. Landis Canal. Stockman's
Ditch Extension. or other decrees or water rights hereafter acquired by the District, including the
District's contractual right to receive storage water fiom Ruedi Reservoir. The District shall have
the right to designate the water right or Decree of the District from which the Applicant's allotted
rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to
any and all terms and conditions imposed by the Water Court on the use of the District's said rights.
Exchange releases made from the District's storage rights in Ruedi Reservoir or other works and
facilities of the District shail be delivered to the Applicant at the outlet works of said storage faciliry
and release of lvater at such outlet works shall constitute full performance of the District's deiivery
obligation. Delivery of water from the District's storage rights in Ruedi Reservoir shall be subject
to the District's lease Contract with the United States Bureau of Reclamation and any rules and
regulations promuigated pursuant thereto.
3. PTIRPOSE AND LOCATION OF USE: Applicant wiil use the waters herein granted
for beneficial purposes limited to the augmentation of existing and future wells and other water
sources, within or through facilities or upon lands owned, operated, or served by Applicant, which
lands are described on Exhibit "A" attached hereto; provided that the location and purpose of Appli-
cant's use of said water shall be legally recognized and permitted by the applicable governmental
authority having jurisdiction over the properry served. Applicant's contemplated usage for the water
allotted hereunder is fbr the following use or uses:
X Domestic/Municipal _industrial/Commerciai _ Agricultural
Other
Applicant acknowiedges that usage of the District's water rights as herein contemplated shall
lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right to usebe
It is acknowledged that certain locations within the District may not be susceptible
to service solely by the District's water rights allotted hereunder or the District's said water rights
may not satisty Applicant's needs and purposes. To the extent that service cannot be achieved by
use of the District's allotted water rights, or in the event said service is inadequate, Applicant may,
utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as
is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes.
All lands, facilities and areas served by water rights allotted hereunder shall be situated within the
boundaries of the District. The District reserves the exclusive right to review and approve any
conditions whichmay be attached to judicial approval of Applicant's use ofthe District's waterrights
allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District
in connection with the allotment of water rights hereunder, including, but not limited to,
reimbursement of legal and engineering costs incurred in connection with any water rights
adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in
the event any such adjudication involves more of the District's water rights than are allotted pursuant
to this Contract, Applicant shall bear only a pro-rata portion of such expenses. Applicant shall be
solely responsible for providing works and facilities, if any, necessary to utilize the District's water
rights allotted hereunder for Applicant's beneficial use.
Water service provided by the District shall be limited to the amount of water available in
prioriqv at the original point of diversion of the District's applicable water right and neither the
District. nor those entitled to utilize the District's decrees, may call on any greater amount at new or
alternate points of diversion. The District shall request the Colorado State Engineer to estimate any
conveyance losses between the original point and any alternate point and such estimate shail be
deducted from this amount in each case. The District, or anyone using the District's decrees, may
call on any additional sources of supply that may be available at an aiternate point of diversion, but
not at the original point of diversion, only as against water rights which are junior to the date of
application for the alternate point of diversion.
In the event the Applicant intends to develop an augmentation plan and institute legal
proceedings tbr the approvai of such augmentation plan to allow the Appiicant to utilize the water
allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent.
In the event the Appiicant develops and adjudicates an augmentation plan to utilize the water allotted
hereunder, Applicant shail not be obligated to bear or defray any legal or engineering expense of the
District incured by the District for the purpose of developing and adjudicating a plan of
augmentation for the District. In any event, the District shall have the right to approve the
Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and
of all pleadings and other papers filed with the Water Cour:t in the adjudication thereof.
4. PAYMENT: Applicant shall pay annually for the water service described herein at
a price to be fixed annually by the Board of Directors of the District for such service. Payment of
the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the
District that the payment is due. Said notice will advise the Applicant, among other things, of the
water delivery year to which the payment shall apply and the price which is applicable to that year.
If a payment is not made by the due date, written notice thereof wiil be sent by the District to the
Applicant at Applicant's address set fonh below. If payment is not made within thirty (30) days after
said written notice, the District may, at its option, elect to terminate ail of the Applicant's right. title,
or interest under this Contract, in which event the water right allotted hereunder may be transferred,
leased or otherwise disposed of by the District at the discretion of its Board of Directors.
In the event water deliveries hereunder are made by or pursuant to agreement with some other
person, corporation. quasi-municipal entity, or govemmental entity, and in the event the Applicant
fails to make payments as required hereunder, the District may, at its sole option and request,
authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and
in such event neither the District nor such persons or entity shall be liable for such curtailment.
5. APPROPzuATION OF FLTNDS: The Applicant agrees that so long as this Contract
is valid and in tbrce, Applicant will budget and appropriate from such sources of revenues as may
be legally available to the Applicant the funds necessary to make the annual payments in advance
of water delivery pursuant to this Conuact. The Applicant will hold harmless the District and any
person or entity involved in the delivery of lvater pursuant to this Contract, for discontinuance in
service due to the failure of Applicant to maintain the payments herein required on a current basis.
6. BENEFIT OF CONTRACT: The water right alloued hereunder shall be beneficially
used forthe purposes and in the manner specified herein and this Contract is forthe exclusive benefit
of the Applicant and shall not inure to the benefit of any successor, assign. or lessee of said
Applicant without the prior written approvai of the Board of Directors of ttie District.
In the event the water right allotted hereunder is to be used for the benefit of land which is
now or will hereafter be subdivided or otherwise held or owned in separate ownership interest by two
(2) or more uses ofthe water right allotted hereunder, the Applicant may assign the Applicant's rights
hereunder only to a homeowners association, water district, water and sanitation district or other
special district properly organized and existing under and by virtue of the laws of the State of
Colorado and then only if such association or special district establishes to the satisfaction of the
Basait Water Conservancy District that it has the ability and authority to assure its performance of
the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less
than all, of the Applicant's property to be served under this Contract, have any rights hereunder,
except as such rights may exist through a homeowners association or special district as above
provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must
comply with such requirements as the District may hereafter adopt regarding assignment of Contract
rights and the assumption of Contract obligations by assignees and successors, provided that such
requirements shall uniformly apply to all allottees receiving District service. The restrictions on
assignment as herein contained shall not preciude the District from holding the Applicant, or any
successor to the Applicant, responsible for the performance of all or any part of the Applicant's
covenants and agreements herein contained.
7 . OTHER RULES: Applicant's rights under this Contract shall be subject to the Water
Service Plan as adopted by the District and amended from time to time; provided that such Water
Service Plan shall apply uniformiy throughout the District among water users receiving the same
service from the District. Applicant shall also be bound by the provisions of the Water Conservancy
Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the
plumbing advisory, water conservation, and staged cunailment reguiations. if any, applicable within
the County in which the water alloued hereunder is to be used, together with all amendments of and
supplements to any of the foregoing.
8. CURTAILMENT OF USE: The water service provided hereunder is expressly
subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on f,rle in the District
Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the
possible curtailment of out-of-house municipal and domestic water demands upon the occturence
of certain events and upon the District giving notice of such curtailment, all as more fully set forth
in said Stipulation.
9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into
an "Operation and Maintenance Agreement" with the District if and when the Board of Directors
finds and determines that such an agreement is required by reason of additional or special services
requested by the Applicant and provided by the District or by reason of the delivery or use of water
by the Applicant for more than one of the classes of service which are defined in the Rules and
Regulations of the Board of Directors of said District. Said agreement may contain, but not be
limited to, provision for water delivery at times or by means not provided within the terms of
standard allotment contracts ofthe District and additional annual monetary consideration tor exten-
sion of District services and for additional administration, operation and maintenance costs, or for
other costs to the District which may arise through services made available to the Applicant.
10. CHANGE OF USE: The District reserves the exclusive right to review and approve
or disapprove any proposed change in use of the water right allotted hereunder. Any use other than
that set forth herein or any lease or sale of the water or water rights allotted hereunder without the
prior written approval of the District shall be deemed to be a material breach of this Contract.
11. PzuOR RESOLUTION: The water service provided hereunder is expressly subject
to that cenain Resolution passed by the Board of Directors of the District on September 25. 1979,
and all amendments thereto, as the same exists upon the date of this application and allotment
Contract.
L2. NO FEE TITLE: It is understood and agreed that nothing herein shall give the
Applicant any equitable or legal fee title interest or ownership in or to any of the water or water
rights of the District, but that Applicant is entitled to the right to use the water right allotted
hereunder, subject to the limitations, obligations and conditions of this Contract.
13. CONSERVATION PRACTICES: Applicant shall implement and use commonly
accepted conservation practices with respect to the water and water rights allotted hereunder and
shall be bound by any conservation plan hereafter adopted by the District, as the same may be
amended from time to time.
14. WELL SPACING REOUIREMENTS: Applicant must comply with the well-spacing
requirements set forth in C.R.S. $37-90-137, as amended. if applicable. Compliance with said
statutory well-spacing criteria shail be an express condition of the extension of service hereunder,
and the District shall in no way be liable for an Appiicant's failure to comply.
15. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment
Contract, u M"-or*J*-of wuter Allotment Contract will be recorded with the Garfield County
Cterk and Recorder,s Office. The costs of recording the Memorandum shall be paid by Applicant.
APPLICANT:
ST. FINNBAR LAND COMPANY
,4i
-rl, ' -
Mort Heller, Vice President
Applicant's Address:
543F,. Hyman Ave.
tspen, CO 81601
(e70) e2s-6700
STATE OF COLORADO )
) ss.
COLINTYOFS;H-{,C ,
* \ \
Subscribed and sworn to betbre me this Vr) 'day of ii '-'-Llt ' 1998' by
Mort Heller. as Vice President of St. Finnbar Land Company' I A
WITNESS my hand and offrcial seal.
My commission exPires: 3-'*?fr-'
By:
Notary Public
EXHIBII ''A.'
A pareel of land albuaLed ln LoEs 6, LZt 13 and 19 of Sectlon 3I,
Tonnshlp 7 South, Range 87 lileeE of the glath Prlnclpal Hertdtan,
Garfteld County, Colorado. Sald pareel belng nore parElcularly
$ffff*i;i ii :"}Hff'"nd cap nerked, f..s. rsseB, whence the wtuneas
corner !o the northeaet corner of tald Scctton 31 bearc North
11"08'0{" EasE, 3203.06 feeEI
ttrence South 11o37'2?" lilest, 1304.69 feet;
thence South 23 o,tO ' 24" !{est, 80.58 feet Ithence gouth 36004'45' l{est, 85.15 feet Eo Bhe centerllne of the
Roarlng Fork River I
Ehence lhe followlng etght courue! along salct cenberllne of rlver:t) North 65c57'30" lilest ? 56.75 feeE,Zl North 63 o 59' 48 " lilest , 319 . 32 f eet t3) North 66050'I8" !{egt, 203.39 teet,4) North 75033'?,L" West, 272.62 fe.:b,5) North A4c25'ZO'l{eabt 257.22 faaE.5) NorEh 87041'19" !{est, 2?.3.18 feeE,7l North 88030'35" l{esE, 346.12 feet,
8 ) NorEh 65 c 59 ' 25" 9lest , 120 . 15 f eeE,
thence leavlng sald cenlerllne North OOo3O'00" tilest, 233-20 feeE;
Ebence South 88031'{0" l{eat, t[99.89 facb;
Ehence North 00000'33" East, L273.Og fesE;
bhence North 89oll'07" East, 4?L.38 fcet;
Ehence North 00000'18' East, 262.L7 feet,
Ehence South 760q7'40" Eaat, 1038.73 faat;
thence South 13'12' 20' l{eg b r 120 . 00 f set;
thence South 81001'17" East, 295.92 f,eet;
Ehenca 9outh {1030'29" East, 89,74 f eet;
Lhence South 62"4fJ'46" Eaat, 375.98 faet;
thence South 77o44'5?-" Eart, 317.09 feet;
Ehence Souttr 7Zo+L'32'EaEE, 135.34 feeE !o Ehe polni; of, begJ.nnlng.
COU!T' OP GARFIETD
STATE OF COIORADO
\,
ORDER GRAI\ITING APPLICATION FOR ALLOTMENT CONTRACT
ST. FII\}IBAR LAND COMPAIry
CONTRACT NO. 324
Application having been made by or on behalf of St. Finnbar Land Company and hearing
on said Application having been duly held, it is hereby ordered that said Application be granted and
that the attached Water Allotment Contract for 0.43 cubic tbet of water per second from the District's
direct flow rights and 16.2 acre t-eet per year of storage water owned or controlled by the District is
hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the
beneficial use of the water allotted in the attached Contract, upon the terms, conditions and manner
of payment as therein specified and subject to the following specific conditions:
1. The Applicant has acknowledged that the land to be benefitted by the attached
Contract is described on Exhibit "A" attached hereto and incorporated herein by this reference.
2. In the event of the division of the property served by this Contract into t'wo (2) or
more parcels owned by different persons, the Applicant shall establish and maintain a Homeowners
Association or other entity acceptable to the District tbr the ongoing payment of charges due under
the approved Contract following subdivision ofthe property described in the Application on file with
the District, and the Applicant shail give notice to purchasers of all or any part of the subject
property of the obligation of this Contract, and shall record such notice in the records of the Clerk
and Recorder of Garfield Counry, Colorado. Applicant and his successors and assigns shall comply
with atl rules and regulations now existing or hereafter adopted by the District to enforce payment
of charges due under the approved Contract by present and future owners of all or any part of the real
property served under this Contract. After formation of a Homeowners Association or other entity,
any well permits issued on the basis of this Allotment Contract shail be reissued in the name of the
Association or entity.
3. The Appiicant shall provide the District proof that the proposed land use of the land
to be benefitted by the water allotted hereunder has been approved by the applicable governmental
authorities having jurisdiction over such land use, including evidence satist'actory to the District that
each lot or parcel to be benefitted hereunder is legally subdivided.
4. By acceptance of this Contract, Applicant acknowledges that within two years of the
date hereof or such later date as the District may approve, the Applicant shall file with the Water
Court of Water Division No. 5 a water rights plan of augmentation tbr utilization of water ailotted
hereunder at the location and for the purposes hereinabove set forth or the Applicant's water
allotment as provided in this Contract shall be included in a water rights plan of augmentation to be
filed by the District with the expenses thereof to be shared prorata by the Contract holders included
in such plan; provided that inclusion of the Applicant's water allotment in the District's plan of
augmentation shall be at the District's sole discretion. The District may establish an augmentation
plan fee to be paid by the holder of any Contract to be included within a plan of augmentation to be
filed by the District, which fee shall be payable in advance of the inclusion of such Contract in a
District plan of augmentation and may be based on the District's good faith estimate of the
anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract
-1-
holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District
in completing said plan of augmentation, the District shall refi.rnd such excess to the Contact holder.
5. Any and all conditions imposed upon the release and diversion of water ailotted
hereunder in any water rights plan of augmentation or other water rights decree of the Water Court
for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract.
Granting ofthis allotment contract does not constitute the District's representation that the Applicant
will receive a well permit or water rights decree for the land to be benefitted hereby.
6. If Applicant intends to divert water through a well or wells, Applicant shall provide
the District a copy of Applicant's valid well permit for each such well before the District is obligated
to deliver water for the benefit of Applicant hereunder. Applicant must comply with the well-
spacing requirements set forth in C.R.S. $37-90-137, as amended, if applicable. Compliance with
said statutory well-spacing criteria shall be an express condition of the extension of service
hereunder, and the District shall in no way be liable for an Applicant's failure to comply.
sJol '|\
Approved mis t -:.l day of i'[ ,-"-<'y' , 1998.
Attest:
,r)Y jt't-uc\<e,w\ f 1r1-c-)',
BASALT WATER CONSERVANCY DISTzuCT
.--./
By:
Barbara Mick - Secretary
a
EXHIBIT ''A''
A pareel of land altuaLed ln LoEE 6, L2, 13- a1d.19,of Sectlon 31,
iorninfp 7 South, Renge E7 e{esE of bhe Slxth Pr1nc1pal. T"t*1131,Garfleld County, Colorado. Said parcel belng norE PerElcularIy
descrlbed ag followsrgeginnfng ab a reber and cap marked L.S. 19598, whence Uhe wtbness
;;il;;-6 the northeaab corier of caLd Scctlon 31 beera North
+l,"OA ' 04 " Eagt ' 3203. 06 f eeE Ithenca South 11 o 37 ' 2? " [ilest ,
ltrcnce Sout,h 23o 40 ' 24' 9{ect,
Ehence South 36 o04 '45' l{est,
Roarlng Fork Rlvert centerllne of, rlver:Ehence Ehe f,ollowlng elght courEe! along sa.ld
1) North 55057'30" lilegt, 56,75 feeE,
Zl North 63 o 59' 48 " l{egt , 319 . 32 f cet ,3) North 66050'I8" Weat, 203.39 fecE,
4l North ?5o33'2L" l{eet,, 27?.62 f,e.:b,
5) North A+t25'2o" l{eab, 257.22 feeE,
6) NorEh 87041'19" Wegt, 2Z3.Lg feeE,7t North 88030'35" Wesb, 346.12 fee!,
8) NorEh 65c59'25" netEr 120.15 feeE,
it.n"" leavtng sald ceni:erllne North OOo3O'OO" l{e8t, 233.20 feebi
bhence South 88o31'40" t{eab, {99.89 fect;
Ehence ltorth 00c00'33" East ' Lz73.og feat;
Ehence North 89o11'07" East, 4?L.38 fcet;
thence North 00o0o'I8' Eaat, Z6Z.L7 feeti
thence South 76o47'40" Eagt, 1038.73 faat;
ttrence South 13 o 12 ' 20" gfes E r 120 . 00 f eet ;
lhence South 81001'17" East, 2A5.92 feet;
thenca SouEh 41030'29" Eaet I A9.74 feet;
thence South 62"18'46" Eagt, 375.98 feeu;
thence South 77o44'52" Eart, 3I7.09 feet;
ifr""." Sou6h 7Zo4L'32'EasE, i3e.:* feeL to Ehe poln0 of, beglnnlng'
COUITY OF GARFIETD
STATE OT COLORAI]O
\/
1304.69 feet;
80.58 feetl
85.15 feet Eo Bhe centerllne of, Ehe
Form No.
GWS-25
OFFICE OF THE STATE ENGINEER
COLORADO DI\ ON OF WATER RESOURCES
8l8 Centennial Bldg., 1313 Sherman St., Denver, Colorado gO203
(303) 866-3581 UUINER'S UUPY
Section 31
87 W 6th P.M.
APPLICANT
ST.FINNBAR RANCH LAND CO.
c/o JIM MINDLING
32 BUTTONBALL LANE
WESTON, CT 06883
t203t222-0446
PERMIT TO USE AN EXISTING WELL
1 095
wELL PERMTT NUMBER O5^71 1 . F__
DIV, 5 CNTY, 23 WD 38 DES. BASIN MD
Lot: 1 Block:Filing: Subdiv: ST. FTNNBAR FARM
APPROVED WELL LOCATION
GAHFIELD COUNTY
SE 114 NW 1/4
Twp 7 S Rng
DISTANCES FROM SECTION LINES
2595 Ft. from NORTH Section Line
2320 Ft. from WEST Section Line
1)
ISSUANCE OF THIS PERMIT DOES NOT CONFEB A WATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit
does not assure the applicant that no inlury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2. unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump lnstallation
Contractors in accordance with Rule 18.
Approved pursuant to CRS 37-9O-137l2ltor the construction of a well. appropriating ground watertributary to the Roaring
Fork River, as an alternate point of diversion to the Basalt Conduit. on the condition that the well shall be operated onlv
when the Basalt Water Conservancy Drstrict's substitute water supply plan, approved by the State Engineer, is in effect
and when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release
of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract
#3.3.5.324.
The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings, the
irrigation of not more than S,3OOsquare feet (0.19 of an acrel of home gardens and lawns, and the watering of four (4)
domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is
in effect. This well is identified as Well #1, Lot 1. The number of acres in Lot 1 is r4.093 acres.
The maximum pumping rate shall not exceed 15 GPM.
The average annual amount of ground water to be appropriated shall not exceed 1.32 acre-foot (43O,122gallonsl.
A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request.
Ihe well must be constructed not more than 200 feet from the location specified on this permit.
The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
Approved for the installation of a pump in, and the use of, an existing vyell, constructed on 03/06/9!, to a depth of 39 feet,
under monitoring hole notice MH-32679, acknowledged O2lo5lg8./Y'L\-'t Oz' 3/-, 1V (
NOTE: Expired permit 50505-F, was previously issued for this lot.
2t
3)
4l
5)
6)
7l
8)
9)
10)
APPHOVED
DMW
Receipt No.
('
Jlatt cngrncer
DATE ISSUED
It
i Zic[
Form No.
GWS-25
OFFICE OF THE STATE ENGINEER
COLORADO DI\ ON OF WATER RESOURCES
8'lI Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581 UWNER'S COPY
NW 1/4 Section 31
Rng 87 W 6th P.M.
APPLICANT
ST.FINNBAR RANCH LAND CO.
c/o JIM MINDLING
32 BUTTONBALL LANE
WESTON, CT 06883
(2031222-0446
PERMIT TO CONSTRUCT A WELL
1 095
WELL PERMTT NUMBER Otr-^'712 F --
DIV. 5 CNTY. 23 WD 38 DES. BASIN MD
APPHOVED WELL LOCATION
GARFIELD COUNTY
SE 114
Twp 7S
DISTANCES FROM SECTION LINES
2455 Ft. from NORTH Section Line
'1930 Ft. from WEST Section Line
ISSUANCE OF THIS PEBMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking reiief in a civil court action.
2l The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2. unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump lnstallation
Contractors in accordance with Rule 'l 8.
3) Approved pursuant to CRS 37-90-1 37 l2lior the construction of a well, appropriating ground water tributary to the Roaring
Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated qly
when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer. is in effect
and when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release
of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract
#3.3.5.324.
4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the
irrigation of not more than 8,300square feet (0.19 of an acre) of home gardens and lawns, and the watering of four (4)
domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is
in effect. This well is identilied as Well #1, Lot 2. The number of acres in Lot 2 is t3.347 acres.
5) The maximum pumping rate shall not exceed 1 5 GPM.
6) The average annual amount of ground water to be appropriated shall not exceed 0.99 acre-foot .322,592 gallons).
7l A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request.
B) ihe well must be constructed not more than 20O feet from the lccation specified on this permit.
g) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
NOTE: Expired permit 50506-F, was previously issued for this lot. 1p l* ot' / a 4o /r ?
APPROVED
DMW
Receipt No.
r;i,-c/i"1',
DATE ISSUED 0 1 1gg9
Form No.
GWS.25
OFFICE OF THE STATE ENGINEER
COLORADO DII ION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
Ul/\/NE|i'U UOPY
NW 1/4 Section 31
Rng 87 W 6th P.M.
APPLICANT
ST.FINNBAR RANCH LAND CO.
cio JIM MINDLING
32 BUTTONBALL LANE
WESTON, CT 06883
QO3l222-0446
PERMIT TO CONSTRUCT A WELL
1 095
WELL PERMIT NUMBER -Q527 L3 F .-
DIV. 5 CNTY. 23 WD 38 DES. BASIN MD
Lot:
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 114
Twp 7S
DISTANCES FROM SECTION LINES
2405 Ft. from NORTH Section Line
1715 Ft. from WEST Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
l) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump lnstallation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-1 37 Q\tor the construction of a well, appropriating ground water tributary to the Roaring
Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated onlv
when the Basalt Water Conservancy District's substitute water supply plan. approved by the State Engineer. is in effect
g4g! when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release
of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract
#3.3.5.324.
4) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings. the
irrigation of not more than 8,300 square feet (0,'l 9 of an acrel of home gardens and lawns, and the watering of four (4)
domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is
in effect. This well is identified as Well #1, Lot 3. The number of acres in Lot 3 is +5.982 acres.
5) The maximum pumping rate shall not exceed 1 5 GPM.
6) The average annual amount of ground water to be appropriated shall not exceed 1.32 acre-foot (43O,122gallons).
7l A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records cf all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer uoon
request.
g) The well must be constructed not more than 200 feet from the location specified on this permit.
g) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number{s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
NOTE: Expired permit 50507-F, was previously issued for this lor 7 2'- 2-'' /' a/ga,4 q
,APPROVED
DMW
Receipt No.
'{ou ,!-
DArE rssuED IJEC o 1 lggg l*r,ro,o* iotilEC 0 i 2000
Form No.
GWS-25
OFFICE OF THE STATE ENGINEER
I
ffi,ffi!.:
,,
., .':)::,:i::1:-':::l: =' 0 yy N E R' S C 0 PY
APPLICANT
ST.FINNBAR RANCH LAND CO.
clo JIM MINDLING
32 BUTTONBALL LANE
WESTON, CT 06883
(2031222-0446
PEHMIT TO CONSTRUCT A WELL
SE 114
Twp 7S
NW 1/4 Section 31
Bng 87 W 6th P.M.
DISTANCES FROM SECTION LINES
2605 Ft. from NORTH Section Line
1385 Ft. from WEST Section Line
1 095
WELL PERMIT NUMBER
DIV. 5 CNTY. 23
062-71L - F-_
WD 38 DES. BASIN MD
Lot: 4 Block:Filing: Subdiv: ST. FINNBAR FARM
APPROVED WELL LOCATION
GARFIELD COUNTY
1)
2l
3)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material inlury to existing water rights. The issuance of the permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action,
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump lnstallation
Contractors in accordance with Rule 18.
Approved pursuant to cRS 37-gO-1 3T.2llor the construction of a well, appropriating ground watertributary to the Roaring
Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated qly
when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect
4gl when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release
of replacement water from Buedi Reservoir is in effect, or under an approved plan {or augmentation. BWCD contract
#3.3.5.324.
The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings, the
irrigation of not more than g,300 square feet (0.19 of an acre) of home gardens and lawns, and the watering of four (4)
domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is
ineffect. Thiswell isidentifiedasWell #1,Lot4. Thenumberof acresinLot4is +5.785acres.
The maximum pumping rate shall not exceed 1 5 GPM.
The average annual amount of ground water to be appropriated shall not exceed 1.32 acre-foot (430.122 gallons).
A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request.
The well must be constructed not more than 200 feet from the location specified on this permit.
The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
4l
s)
6)
7l
8)
9)
NOTE: Expired permit 505O8-F, was previously issued for this lot. )P 21*
"-
Za/go4 7
onre rssueo DEC 0 I lggg 'J*r,*o,o* oo c {)tz0c0
APPROVED
DMW
Receipt No.
Form No.
GWS.25
OFFICE OF THE STATE ENGINEER
COLORADO DI' ION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(3031 866-3581
CWNER'S COPY
1 095
APPLICANT
ST.FINNBAR RANCH LAND CO.
c/o JIM MINDLING
32 BUTTONBALL LANE
WESTON, CT 06883
(2031222-0446
PERMIT TO CONSTRUCT A WELL
Lot: 5 Block: Filing: Subdiv: ST. FINNBAR FARM
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NW 1/4 Section 31
6th P.M.lwp / >Rng 87 W
DISTANCES FROM SECTION LINES
2200 Ft. from NORTH Section Line
1055 Ft. from WEST Section Line
WELL PERMIT NUMBER oq?-7 1q E
DIV. 5 CNTY. 23 WD 38 DES. BASIN MD
1)
2\
3)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material iniury to existing water rights. The issuance of the permit
does not assure the applicant that no injury will occur to another vested water right or oreclude another owner of a vested
water right from seeking relief in a civil court action.
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402'2. unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump lnstallation
Contractors in accordance with Rule 18.
Approved pursuant to CRS ll7-90-1 37 12)tor the construction of a well, appropriating ground watertributary to the Roaring
Fork River, as an alte:nate point of diversion to the Basalt Conduit, on the condition that the well shall be operated q0!y
when the Basalt Watoi lonservancy District's substitute water supply plan, approved by the State Engineer, is in effect
and when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release
of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract
#3.3.5.324.
The use of ground rvater f:'om this well is limited to ordinary household purposes inside two (2) single family dwellings, the
irrigation of not more than 8,300 square feet (0.19 of an acrel of home gardens and lawns. and the watering of four (4)
domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is
in effect. This well is identified as Well #1 , Lot 5. The number of acres in Lot 5 is t13.375 acres.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The average annual amount of ground water to be appropriated shall not exceed 1.32 acre-foot (430,122gallons).
jl A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the weil owner (recorded at least annually) and submitted to the Division Engineer upon
request.
8) The well must be ,:onstructed not more than 200 feet from the location specified on this permit.
g) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shail take necessary means and precautions to preserye these markings.
NoTE: Expired permit 50509-F, was previously issued for this lot. ? L 7L /'2/3or/f 7
4)
APPROVED
DMW
Receipt No.
,:/ffi-=
DATE ISSUED EXPIRATION DATE iI
Form No.
GWS.25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DI\ION OF WATER RESOURCES t-
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 802O3
(303) 866-3581
OvI/NER'S CCPY
1 095
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 114
Twp 7S
NW 1/4 Section 31
Rng 87 W 6th P.M.ST.FINNBAR RANCH LAND CO.
c/o JIM MINDLING
32 BUTTONBALL LANE
WESTON, CT 06883
t2031222-0446
DrsrANcES FRO r\4_S ECTIO.ILIIN ES
2460 Ft. from NORTH Section Line
615 Ft. from WEST Section Line
WELL PERMIT NUMBER
DIV. 5 CNTY. 23
o^F-27 1 6 - F-_
WD 38 DES. BASIN MD
Lot: 6 Block: Filing: Subdiv: ST. FINNBAR FARM
PERMTT TO CONSTRUCT A WELL
t)
2l
3)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material iniury to existing water rights. The issuance of the permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action'
The construction of this well shall be in compliance with the water well Construction Rules 2 cc1 402'2, unless approval
of a variance has been granted by the state Board of Examiners of Water Well construction and Pump lnstallation
Contractors in accordance with Rule 'l 8.
Approved pursuant to CRS 37-go-1 37(2ltor the construction of a well, appropriating ground watertributary tothe Roaring
Fork Biver, as an alternate point of diversion to the Basalt conduit, on the condition that the well shall be operated onlv
when rhe Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect
and when a water allotment contract between the well owner and the Basalt water conservancy District for the release
of replacement water from Ruedi Reservoir is in effect. or under an approved plan for augmentation. BWCD contract
#3.3.5.324.
The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings, the
irrigation of not more than 8,300 square feet (0,19 of an acre) of home gardens and lawns, and the watering of four (4)
domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is
in effect. This well is identified as Well #1, Lot 6. The number of acres in Lot 6 is t11.525 acres.
The maximum pumping rate shall not exceecj 1 5 GPM'
The average annual amount of ground waterto be appropriated shall not exceed 1.32acre-foot (430,122gallons).
A totalizing flow meter must be installed on this well and maintained in good working oroer. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request.
The well must be constructed not more than 2OO feet from the location specified on this permit.
4)
5)
6)
7l
8)
9)name of the aquifer, and court case
to preserve these markings.The owner shall mark the well in a conspicuous place with well permit number(s),
number(s) as appropriate. The owner shall take necessary means and precautions
NOTE: Expired permit 50510-F, was previously issued for this lot. * 21* e-/,oy'.47
APPROVED
DMW
Receipt No.,^r. "r*, OEC C 1 199S l*r,ro,oN DArE oEC 0 I 200
Form No.
GWS.25
APPLICANT
OFFICE OF THE STATE ENGINEER
:::""*:*:,:1,J:.]-":,:i::1:-':::1:='0',ilNER'sccPY
(3O3) 866-3s81 1Og5
WELL pERMtr NUMBER OF2'717 tr --
DIV. 5 CNTY. 23 WD 38 DES. BASIN MD
Lot: 7 Block: Filing: Subdiv: ST. FINNBAR FARM
APPBOVED WELL LOCATION
GARFIELD COUNTY
ST.FINNBAR RANCH LAND CO.
c/o JIM MINDLING
32 BUTTONBALL LANE
WESTON, CT 06883
(2031222-0446
NW 114
Twp 7S
SW 1/4 Section 31
Rng 87 W 6th P.M.
DISTANCES FROM SECTION LINES
2715 Ft. from NORTH Section Line
865 Ft. from WEST Section Line
PERMIT TO CONSTRUCT A WELL
1)
)\
3)
ISSUANCE OF THIS PEBMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material iniury to existing water rights. The issuance of the permit
does not assure the applicant that no in.jury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action'
The construction of this well shall be in compliance with the Water well construction Rules 2 ccR 402'2, unless approval
of a variance has been granted by the state Board of Examiners of water well construction and Pump lnstallation
Contractors in accordance with Rule 18'
Approved pursuant to cRS 37-go-1 37(2llor the construction of a well, appropriating ground watertributary to the Roaring
Fork River, as an alternate point of diversion to the Basalt conduit, on the condition that the well shall be operated onlv
when the Basalt water conservancy District's substitute water supply plan, approved by the state Engineer, is in effecl
and when a water allotment contract between the well owner and the Basalt water conservancy District for the release
of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BwcD contract
#3.3.5.324.
The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings, the
irrigation of not more than g,3o0square feet (0.19 of an acrel of home gardens and lawns, and the watering of four (4)
domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is
in effect. This well is identified as Well #1, Lot 7. The number of acres in Lot 7 is -12.198acres'
The maximum pumping rate shall not exceed 1 5 GPM'
The average annual amount of ground water to be appropriated shall not exceed 1.32 acre-foot (430,122 gallons)'
A totalizing flow meter must be installed on this well and maintained in good working order, Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request.
The well must be constructed not more than 200 feet from the location specified on this permit.
The owner shall mark the well in a conspicuous place with well permit number(s),
number(s) as appropriate. The owner shall take necessary means and precautions
NOTE: Expired permit 50511-F, was previously issued for this lot. 2L )v
4)
s)
6)
7l
8)
9)name of the aquifer, and court case
to oreserve these markings.
A- r/l ",47
APPROVED
DMW
Receipt No.
/6^ [?
DArE rssuED OEC 0
Form No.
GWS.25
APPLICANT
ST.FINNBAR RANCH LAND CO.
c/o JIM MINDLING
32 BUTTONBALL LANE
WESTON, CT 06883
(2031222-0446
PERMIT TO CONSTRUCT A WELL
WELL pERMtT NUMBER OF^71R F --
DIV. 5 CNTY. 23 WD 38 DES. BASIN MD
Lot: 8 Block:Filing: Subdiv: ST. FINNBAR FARM
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 114 SW 1/4 Section 31
:["",::,'",:Ji:il],::yj.:":1::":::l:='c./vNER'sc0py
(303) 866-3s81
1Og5
Twp 7S Rng 87W
DISTANCES FROM SECTION LINES
2985 Ft. from NORTH Section Line
1O5O Ft. from WEST Section Line
6th P.M.
1)
2l
3)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGH'I
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material in,ury to existing water rights. The issuance of the permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
The construction of this well shall be in compliance with the Water Well Construction Bules 2 CCA 402-2. unless approval
of a variance has been granted by the State Board of Examiners of Water well construction and Pump lnstallation
Contractors in accordance with Bule 18'
Approved pursuant to CRS 37-go-1 37(2ltor the construction of a well, appropriating ground watertributary to the Roaring
Fork River, as an alternate point of diversion to the Basalt Conduit. on the condition that the well shall be operated qly
when the Basalt water conservancy District's substitute water supply plan, approved by the State Engineer, is in effect
and when a water allotment contract between the well owner and the Basalt water conservancy District for the release
of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract
#3.3.5.324.
The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings, the
irrigation of not more than 9,300 square feet {0.19 of an acre} of home gardens and lawns, and the watering of four (4)
domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is
in effect. This well is identified as Well #1, Lot 8. The number of acres in Lot 8 is +6.779 acres.
The maximum pumping rate shall not exceed 1 5 GPM.
The average annual amount of ground water to be appropriated shall not exceed 1.32 acre-foot (43O,122 gallons)'
A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request.
The well must be constructed not more than 2OO feet from the location specified on this permit.
4)
5)
6)
7l
8)
9)name of the aquifer, and court case
to preserve these markings.The owner shall mark the well in a conspicuous place with well permit number(s),
number(s) as appropriate. The owner shall take necessary means and precautions
NOTE: Expired permit 5}512-F,was previously issued for this lot' 1p l- l^-'
APPROVED
DMW
Receipt No.
UA
Stare Enqrneet
iO/c',//?
Form No.
GWS.25
OFFICE OF THE STATE ENGINEER
: : ::::,: :, :', ., :' :)," "o:,:f"I: :. ::: :: X: =' 0 v rl N ER' S C 0 PY
(3031 866-3581 1Og5
APPLICANT
ST.FINNBAR RANCH LAND CO.
c/o JIM MINDLING
32 BUTTONBALL LANE
WESTON, CT 06883
(2031222-0446
PERMIT TO CONSTRUCT A WELL
wELL PERMTT NUMBER O5^71 9 tr --
DIV. 5 CNTY. 23 WD 38 DES. BASIN MD
Lot: I Elock: Filing: Subdiv: ST. FINNBAR FARM
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 114
Twp 7S
SW 1/4 Section 31
Rng 87 W 6th P.M.
DISTANCES FROM SECTION LINES
3260 Ft. from NORTH Section Line
'1310 Ft. from WEST Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action'
2l The construction of this well shall be in compliance with the Water Well Construction Rules 2 cc1 402-2, unless approval
of a variance has been granted by the state Board of Examiners of Water well construction and Pump lnstallation
Contractors in accordance with Rule 18'
3) Approved pursuant to CRS 37-go-1 37 lllfor the construction of a well, appropriating ground watertributary to the Roaring
Fork River. as an alternate point of diversion to the Basalt conduit. on the condition that the well shall be operated onlv
when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect
49[ when a water allotment contract between the well owner and the Basalt water Conservancy District for the release
of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BwcD contract
#3.3.5.324.
4l The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings, the
irrigation of not more than g,300square feet (0.19 of an acrel of home gardens and lawns, and the watering of four (4)
domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is
in effect. This well is identified as Welt #1, Lot 9. The number of acres in Lot 9 is :4.835 acres.
5) The maximum pumping rate shall not exceed 15 GPM'
6) The average annual amount of ground water to be appropriated shall not exceed 1.32acte-loot (430'122gallons)'
7l A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request.
g) The well must be constructed not more than 2OO feet from the location specified on this permit.
g) The owner shall mark rhe well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings'
NOTE: Expired permit 50513-F. was previously issued for this lot. /' Z'* a- i2'/9O4 7
APPROVED
DMW
Receipt No.EXPIRATION DATE OEC O1DATE ISSUED D
Form No.
GWS.25
oFFrcE OF THE STATE ENGINEER i
coLoRADo Dr\ roN oF WATER RESou_1:tt u',vNER',S C0PY
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
APPLICANT
ST.FINNBAR RANCH LAND CO'
c/o JIM MINDLING
32 BUTTONBALL LANE
WESTON, CT 06883
(2031222-0446
PERMIT TO CONSTRUCT A WELL
1 095
WELL PEBMIT NUMBEB
DIV. 5 CNTY. 23
oq?-|?o - tr__
WD 38 DES. BASIN MD
Lot: 1O Block: Filing:Subdiv: ST. FINNBAR FARM
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 1/4 SW 1/4 Section 31
Twp 7S Rng 87 W 6th P,M.
DISTANCES FROM SECTION LINES
3330 Ft. from NORTH Section Line
1530 Ft. from WEST Section Line
ISSUANCEoFTHISPERMITDoESNoTcoNFERAWATERRIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material iniury to existing water rights. The issuance of the permit
does not assure the appiicant that no injury wiil occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action'
2l The construction of this well shall be in compliance with the water well construction Rules 2 ccR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of water well construction and Pump lnstallation
Contractors in accordance with Rule 18'
3) Approved pursuant to cRS 37-go-1 3':- l2lforthe construction of a well, appropriating ground watertributary to the Roaring
Fork River, as an alternate point of diversion to the Basalt conduit, on the condition that the well shall be operated onlv
when the Basalt water conservancy District's substitute water supply plan, approved by the State Engineer, is in effect
49[ when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release
of replacement water from Rueoi Reservoir is in effect, or under an approved plan for augmentation. BwcD contract
#3-3.5.324.
4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the
irrigation of not more than g,300 square feet (0.19 of an acre) of home gardens and lawns. and the watering of four (4)
domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is
ineffect. Thiswell isidentifiedasWell #1,Lot1O. Thenumberof acresinLotl0is +3.233acres'
5) The maximum pumping rate shall not exceed 15 GPM'
6) The average annual amount of ground water to be appropriated shall not exceed 0.99 acre-foot .322,592 gallons)'
7l A totalizing flow meter must be installed on this well and maintained in good working order' Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request.
g) The well must be constructed not more than 200 feet from the location specified on this permit'
g) The owner shall mark the well in a conspicuous place with well permit number(s),
number(s) as appropriate. The owner shall take necessary means and precautions
name of the aquifer, and court case
to preserve these markings.
NoTE:Expiredpermit5o5l4.F,waspreviouslyissuedforthislot.iA-- o,- 4v-/o-30,41
APPROVED
DMW
Receipt No.DATE ISSUED EXPIRATION DA
OFFICE OF THE STATE ENGINEER
COLORADO DI'. ION OF WATER
:::"""::::,:'1.,.'.".:*":,:s::i:"::::ff 0wNER'sc0PY
{303) 866-3s81
1 095
WELL PERMIT NUMBER
DIV. 5 CNTY. 23
otr.r'7 ? 1 -tr
WD 38 DES. BASIN MD
Lot: 11 Block: Filing: Subdiv: ST' FINNBAR FARM
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 114
lwp / 5
SW 1/4 Section 31
Rng 87 W 6th P.M.
DISTANCES FROM SECTION LINES
3450 Ft. from NORTH Section Line
1825 Ft. from WEST Section Line
APPLICANT
ST.FINNBAR RANCH LAND CO.
cio JIM MINDLING
32 BUTTONBALL LANE
WESTON, CT 06883
1203l,222-0446
PERMIT TO CONSTRUCT A WELL
ISSUANCEoFTHISPERMITDoESNoTcoNFERAWATERRIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action'
zl rhe construction of this well shall be in compliance with the water well construction Rules 2 cc1402-2, unless approval
of a variance has been granted by the state Board of Examiners of water well construction and Pump lnstallation
Contractors in accordance with Rule 18'
3) Approved pursuant to cRS 37-gO-1 3Tl2ltorthe construction of a well. appropriating ground watertributary to the Roaring
Fork River, as an alternate point of diversion to the Basalt conduit, on the condition that the well shall be operated q4!y
when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer' is in effec-
49[ when a water allotment contract between the well owner and the Basalt water conservancy District for the release
of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract
#3.3.5.324.
4l
5)
6)
7l
8)
9)
The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings' the
irrigation of not more than g,3oo square feet (0.19 of an acre) of home gardens and lawns, and the watering of four (4)
domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is
in effect. This well is identified as well #1, Lot 11' The number of acres in Lot 11 is t6'350 acres'
The maximum pumping rate shall not exceed 15 GPM'
The average annual amount of ground waterto be appropriated shall not exceed 1.32acre-toot (43o,122gallonsl'
A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request,
The well must be constructed not more than 2OO feet from the location specified on this permit'
The owner shall mark the well in a conspicuous place with well permit number(s),
number(s) as appropriate. The owner shall take necessary means and precautions
name of the aquifer, and court case
to preserve these markings.
NOTE: Expired permit 5O515-F, was previously issued for this lot'*La_ta/s2,4 7
APPROVED
DMW
Receipt No.
BY
EXPIRATION DATEDArE rssuro OEC
Form No.
GWS.25
OFFICE OF THE STATE ENGINEER
:: ::::,: :.:')., . 3:::,:i::1r,:::1: " 0 v'/ N E R' S C 0 P Y
(3031 866-358 1095
APPLICANT
ST.FINNBAR RANCH LAND CO.
c/o JIM MINDLING
32 BUTTONBALL LANE
WESTON, CT 06883
(2031222-0446
PERMIT TO CONSTRUCT A WELL
WELL PERMIT NUMBER 5^7^^ tr --
DIV. 5 CNTY. 23 WD 38 DES. BASIN MD
12 Block: Filing:Subdiv: ST. FINNBAR FARM
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 114
Twp 7S
SW 1/4 Section 31
Rng 87 W 6th P.M.
DISTANCES FROM SECTION LINES
3160 Ft. from NORTH Section Line
1850 Ft. from WEST Section Line
3)
4)
ISSUANCEoFTHISPERMITDoESNoTCoNFERAWATERRIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights' The issuance of the permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action'
zl The construction of this well shall be in compliance with the water well construction Rules 2 ccl 402-2, unless approval
of a variance has been granted by the State Board of Examiners of water well construction and Pump lnstallation
Contractors in accordance with Rule 18'
Approved pursuant to cRS 37-go-l 37l2ltor the construction of a well, appropriating ground water tributary to the Roaring
Fork River, as an alternate point of diversion to the Basalt conduit, on the condition that the well shall be operated onlv
when the Basalt water conservancy District's substitute water supply plan, approved by the state Engineer, is in effect
49[ when a water allotment contract between the well owner and the Basalt water conservancy District for the release
of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract
#3.3.5.324.
The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the
irrigation of not more than g,300 square feet (0.19 of an acre) of home gardens and lawns, and the watering ol four (4)
domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is
in effect. This well is identified as well #1, Lot 12. The number of acres in Lot 12is t2'792actes'
The maximum pumping rate shall not exceed 15 GPM'
The average annual amount of ground water to be appropriated shall not exceed 0.99 acre-foor 1322,592 gallons)'
A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request.
The well must be constructed not more than 2OO feet from the location specified on this permit'
The owner shall mark the well in a conspicuous place with well permit number(s),
number(s) as appropriate. The owner shall take necessary means and precautions
NOTE: Expired permit 50516-F,was previously issued for this lot. /9 7\-
5)
6)
7l
8)
9)name of the aquifer, and court case
to oreserve these markings.e-- ia,4r4'l
APPROVED
DMW
Receipt No.
s'iarlEnsrnor
DArE rssueo DEC 0 1 1999 l*r,^o,or.r onie OEC 0 i 2000
Form No.
GWS.25
OFFICE OF THE STATE ENGINEER
COLORADO DI\ ION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St', Denver' Colorado 80203
(303) 866-3581
Lot: 13 Block: Filing:Subdiv: ST. FINNBAR FARM
APPLICANT
ST.FINNBAR RANCH LAND CO.
c/o JIM MINDLING
32 BUTTONBALL LANE
WESTON, CT 06883
1203l,222-0446
PERMIT TO CONSTRUCT A WELL
WELL PERMIT NUMBER
DIV. 5 CNTY. 23
q)'7-7 d.
WD 38 DES. BASIN MD
VWNEH'S CCPY
1 095
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 1t4 SW 1i4 Section 31
Twp 7S Rng 87 W 6th P.M.
DISTANCES FROM SECTION LINES
3190 Ft. from NORTH Section Line
2140 Ft. from WEST Section Line
ISSUANCEoFTHISPERMITDoESNoTcoNFERAWATERRIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit
does not assure the applicant that no iniury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action'
zl The construction of this well shall be in compliance with the Water well construction Rules 2 cc1 402-2, unless approval
of a variance has been granted by the state Board of Examiners of water well construction and Pump lnstallation
Contractors in accordance with Rule 18'
3) Approved pursuant to cRS 37-gO-1 37 Qltor the construction of a well, appropriating ground water tributary to the Rt:a' irrg
Fork River, as an alternate point of diversion to the Basalt conduit. on the condition that the well shall be operatec oly
when the Basalt water conservancy District's substitute water supply plan, approved by the State Engineer' is it I :'cct
4gl when a water allotment contract between the well owner and the Basalt water conservancy District for the relea::
of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract
#3.3.5.324.
The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings' the
irrigation of not more than g,30osquare feet (0.1g of an acre) of home gardens and lawns, and the watering of four 14)
domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is
in effect. This well is identified as well #1, Lot 13. The number of acres in Lot 13 is t5'281 acres'
The maximum pumping rate shall not exceed 15 GPM'
The average annual amount of ground water to be appropriated shall not exceed 1.32 acre-foot (430,122gallonsl'
A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request,
The well must be constructed not more than 2OO feet from the location specified on this permit'
The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings'
NOTE: Expired permit 50517-F, was previously issued for this lot' f t- n\" //43 '/? ?
4)
5)
6)
7t
8)
9)
APPROVED
DMW
Receipt No.EXPIRATION DATE OEC ODATE ISSUED OEC O 1 1999
AGREEMENT
This Agreement is made and entered into between Carbondale and Rural Fire
protection District (Fire District), St. Finnbar Land Company, and Roaring Fork Farrn,
LLC (he "Developers"), to become effective February 9, 2000, regardless of the actual
date of execution by the Parties:
WHEREAS, on December 8, 1993, the Fire District, approved Relolutigl No' 93-7,
Series of 1993, providing for collection of a base development impact fee of$200.00 per
residential lot, multi-fannlly residential unit, or for each 10,000 squire feet of commercial
or industrial buildings to be paid by all Developers of property subdivided within the
district; and
WHEREAS, by Resolution No. 94-2, Series of 1994, the amount of said development
impact fee was increased to $235.00 per residential l9t,--multi-family residential unit, or
foi each 10,000 square feet of commercial or industrial buildings; and
WHEREAS, by Resolution No. 97-2, Series of 1997, the amount of said development
impact fee was increased to $339.00 for each residential lot, multi-family residential unit,
or each commercial or industrial building up to 1,900 square feet in size with an
additional fee of $339.00 for each additional 1800 square feet of size or fraction thereof;
and
WHEREAS, by Resolution No. 99-6, Series of 1999, the amount of said development
impact fee was increased to $417.00 for each residential lot, multi-family residential unit,
or each commercial or industrial building up to 1,900 square feet in size with an
additional fee of $417.00 for each additional 1800 square feet of size or fraction thereof,
or $1,042.50 for each 1,900 square feet of hoteVmotel buildings in size Y,h * additional
fee oi$1,0 42.50 for eacir additional 1,900 square feet of size or fraction thereof; and
WHEREAS, the Developers are seeking subdMsion approval for 51' Finnbar Land
Company from Garfield County, which proP:rfy is- located within the Fire District
boundaries and is subject to the tirms and conditions of said Resolutions; and
WHEREAS, the Fire District has requested that as a condition of approval of such
subdivision by the Town of Carbondale that the Developers pay the Fire District a
development impact fee of $417.00 for each residential lot, multi-family residential unit,
or for each commercial or industrial building up to 1,900 square ft"t T size with an
additional fee of $417.00 for each additional t,qob square feet of size or fraction thereof,
or $1,042.50 for each 1,900 square feet of hoteVmotel buildings in size y,h * additional
fee oi $1,042.50 for each additional 1,900 square feet of size or fraction thereof on or
before the date of recording the final plat of iuch subdMsion or such other date as the
Developers and the Fire District may agree to in writing; and
WHEREAS,thereare13singlefamilyresidentiallots,0multi-familyresidential
units, or 0 comm"r;il lo,r o. O hJteymotei lots that could be created in the St' Finnbar
Farm Subdivision; and
WHEREAS, the parties have reached an agreement -regarding
tl.r9 amount, time of
payment, and other-niatt.r, ugr..a t" UV tft" pu,ii"t, and thelartiei wish to set forth their
agreement in writing-
For good and valuable consideration, the receipt and sufEciency of which is
acknowledged, the parties agree as follows:
1. Prior to the recording of the final subdivision plat for st' Finnbar Land company'
SubdMsion, the Developers shall pay th" ritt District $5'427'00 (Five Thousand Four
Hundred Twenty One Dollars). This sum represents PlYment of a development impact
fee in the amount oiS+rz.oo for each i.ria*ii"f lot, mulii-family *ilt,- or commercial or
industrial building up to 1,900 ,quur.-[.t in size with an addiiional fee of $417'00 for
each additional 1,900 square feet of size or fraction thereof or $1,042'50 for each 1'900
square feet of tot.v.oi.lbuildings ir ri* with an additional fee of $1,042'50 for each
additional 1,900 square feet of size or fraction thereof' and
2. The Developers acknowledge and agree thl the contemplated development is St'
Finnbarr Land Company, will cause ""rtaii fiscal impact' on ih" Fire District and will
create the need fo; udaiiioral Fire pirt.i"i a.ilities ani services. The Developers further
acknowledge that this developmen! tt "tla ttt.e proportionately in the cost of providing
these additiona Acitities and services. The Develop"tt further acknowledge and aglee
that the development impact fee to be collected according to the above-referenced
resolutions and the terms of this "gt.;;; is based on a iational nexus between the
impact of this development a1!. ttre amount of said fees and that said fee is reasonable
and necessary to orri the additionJ rort, that will be incurred by the Fire District for
capital improvements, facilities, :q"iil;;ti f",.o*tl, and servicit ut " rezult of this
development. Finally, the Developlrc u.t rowledge and agree that the impact fee is
rawful and valid and that the terms *J "o"airior,,
o]f said Reiolutions are binding on and
enforceable against the Developers'
3. The Developers hereby irrevocably waile- and release and agree to indemnify the
Fire District from any and all claimJ-of ,,V f.inO that might be asserted Painst the Fire
District arising ;;i or in connectionwith the developmint impact fee' the collection or
use thereof by the Fire District, o. it " terms of this agreement; provided' however' that
this waiver shall not preclude tfre Oevlfopers from enforcing the terms of this agreement
relating to reimburs"*.rt of excess fees ai set forth more fully below'
4. All parties have participated in the negotiation and drafting of this agreement' and
it shall therefore be interpreted or const*ti in favor or againit each party by virtue
thereof.
5. This agreement shall be governed by, construed, and enforced in accordance with
the laws of t]he State of Coloiado. The venue for any litigation arising out of this
agreement shall be the District Court of Garfield County, Colorado. In the event of any
sich litigation, the prevailing party shall be entitled to an award of reasonable attorney's
fees and costs incurred by the prevailing party'
6. This agreernent shall constitute the entire agreement between the parties and any
prior underst;ding or representation of any kind preceding the date of this agreement
and shall not be binding upon any party .*."pt to the extent incorporated in this
agreement.
7. Any modification of this agreement or additional obligation assumed.by any party
in connection with this agreement-shall be binding only if evidenced in writing signed by
any party or an authorized representative ofeach party'
8. The failure of any party to this agreement to insist upon the performance of any of
the terms and conditions of iti,,gf..ient, or the waiver of any breach of any of the
terms and conditions of this agreement, shail not be construed as thereafter waiving any
such terms and conditions, buithe same shall continue and remain in full force and effect
as if no such forbearance or waiver had occurred'
g. The invalidity of any portion of this agreement will not and shall not be deemed
to affect the validity of any other provisionl In the event that any provision of this
agreement is held to Ue invalid, the parties agreg that the remaining provisions shall be
deemed to be in full force and effect as If they had been executed by all parties
subsequent to the expungement of the invalid provision'
10. This agreement shall be executed by the parties in duplicate, each copy of which
shall have the same force and effect as an original'
11. upon execution, this agreement shall be binding upon the parties, their successors
and assigns.
CARBONDALE A}ID RURAL FIRE
/ ...-Llr
By'. - /
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LIMITED APPRAISAL
INA
SUMMARY REPORT
ss.stl ACRES
ST. FINNBAR RAI\ICE
CARBOI\IDALE, COLORADO
FOR
ST. FINNBAR FARM LAND CO.
ANI)
ROARING FORK FARM, LLC
Effective Date of Appraisal: May 27r 2000
Inspection I)ate: MaY 27,2000
Date of RePort: August 11' 2000
PREPARED BY:
BRUCE O. BAIER, MAI
BAIER APPRAISAL
REAL ESTATE APPRAISERS .
SERVICES
CONSUI,TANTS
August 11,2000
Jim Mindling
St. Finnbar Farm Land Co'
and
Roaring Fork Farm,LLC
32 Buttonball Lane
Weston, CT 06883
Re: St. Finnbar Farm Land co. / Roaring Fork-Farm, LLC property
property is located about t*o .it.'iast of the I'o*n oiCarbondale' Colorado along the
CatherineStoreRoad(CountyRoadl00)inGarfieldCounty
Dear Mr. Mindling:
Atyourrequest,Ihaveappraisedthepropertyreferencedabove'Thepropertybeingappraisedis
a vacant parcel that is approved ro. u.'ri',iJr" a',,r-rv residentiJ subdivision. The purpose of the
appraisal is to estiinat. ifi. r.rt.t rufu.iitt'e ftl simptelnterest of the subject property as of
the effective date of the appraisal. fto**', the market *fut sought is not that of an approved
subdivision, u..rt ,"Itt "iirrJL"a
.. *iir,ort any entitlements of dev.lop*tnt olher than the
original zoning "nJ,t" suggested pr"p*;d i;na rleas indicated by the Garfield County
comprehenrire l-unJ us$istric, st"av f,ea 1.]lis^appraisal wiil be used to aid in and
support a..irionri.iut.Alo irnpu., f.* f* it'" nr-t Sihoot district' As such' it investigates
only the bulk value of the land on " *].r .o.parison basis. considering the use of this
uppt"ita, the report is very cursory in form'
ThisisaSummaryReport,whichisintendedtocomplywiththereporting.requirementsset
forth under Standards Rule z-z(b)"iiii. urir"* stunjuras of professional Appraisal Practice
(USPAP) ro, " s]i,."'v 'qpp'"i'A ilil'-A{t:t' i' ptttt* onlv summary discussions of
the data, reasoning, and analyse, til;;;;; "r.o ir^rtr. appraisal process to develop the
appraiser,s opinioi of value. Supporting documentationLncerning the data' reasoning' and
analyses i, ,.t"in.a in the apprais;/; fiE it " a.ptr, of discussion iontained in this report is
specific to the n..a, of the ciient uno-r* tt "
int.nd.d use stated. The appraiser is not
responsibre r"r rr"rai"rired use oritris report. e.opv oritir report is eipected to be provided
to Garfield CountY'
3O2 ETGHTH STREET, SUITE 2IO
P.O. BOX 2347
GLENWOOO SPRINGS, coLoRADO al602
--tgZOl 945-9r/f4o pprl3 (97O) gA>l4gf
BRUCE O. BAIER' MAI
PageZ
St.-f innbar Farm ProPertY
This appraisal is prepared in accordance with the standards and reporting requirements of
USpAp promulgatiby the Appraisal Standards Board of the Appraisal Foundation, the
Appraisal Institute, *a "pptoiriate
State Laws, regulations, policies, and-procedures'
Furthermore, in accordance *ittr prior agreement bitween the client and the appraiser, this
report is the resurt of a rimited appraf,ar process in that certain allowable departures from
specific guidelines for the uspAi (Uniform standards of Professional Appraisal Practice)
were invoked. The intended user ofthis report is warned that the retiability of the value
conclusion provided may be impacted to th; degree that there is departure-lom specific
guidelines of USpAP. it.limiiation for this aplprairyl is the time frame of the appraisal and the
assumptions placed on ttre appraisal by the Garfield county Planning and Building Director in
Ugf,, oiat " ".t "t
development stag: of the proPerty. As far as the sales comparison process'
there has been no J.p"*,ir. underlhe Carnita bo*ty regulations for this appraisal'
As a result of my investigation and analysis of the information gathered, I estimate the market
value as defined for this assignment of tne subject property is of May.27,2OOO in a range of
value from $2,400,000 to $2,600,000. As a singular number, it is my opinion that the market
value as defined for this assignment of the t U.i..t property as of May 27,2000 is $2'500'000'
mt
No personal property is considered as part of this appraisal or its value estimates'
The supporting data, analyses, and conclusions on which these value estimates are based are
contained in the accompanying report and on file in my office'
Respectfu lly submitted,
Or*fu,
Bruce O. Baier, MAI
Certified General Appraiser # CG01313818
/ ,:7A/22
Mark Bean, CountY Planner
Garfield County Building and Planning Department
109 8'h Street, Suite 303
Glenwood Springs, CO 81601
Re: St. Finnbar Farm - Release of collateral; HCE Project No. 89074.09
Dear Mark:
I am writing on behalf of the st. Finnbar Land comparry and the Roaring Fork Farm, LLC
(,,Owners,,). ln accordance with the terms of the Su-bdivision Improvement Agreement by and
between the Owners and the board of County Commissioners of Garfield County' each request
for partial release of collateralmust be signea by the Project Engineer, and shall certify that:
l. All costs for which the release is being requested have been incurred in connection
with the construction of the lmprovements;
2. All work ferformed and materials supplied are in accordance with the plans and
specifications;
3. Allwork has been performed in a workmanlike manner;
4. No funds are being requested for work not completed, or for materials not installed or
stored on site, and
5. The Project Engineer has inspected, approved and has certified that all such
improvements have been constructed in accordance with the plans and specifications'
please consider this letter certification by the Project Engineer, High Country Engineering, Inc'
(HCE), that all of the foregoing requirements have been met up to the date of this request' The
January 2001 payment Reluesl from M&M Construction is attached hereto and incorporated
herein-by reference. The oiiginal amount of the Construction Costs for Public Improvements was
$1,010,562.30. We are reqursting the funds in the amount of $996'650.60 be released and
consiclered complete. Thus, leavilrg the amount of $1 3.g1170 to complete the remainder of the
public lfitprot/f; il1€iru.
Please contact me if you have any questions or need additional information'
Sincerely,
HIGH COI.INTRY
r cslie A. I{opr:.
Project Manager
Ron Liston,
Jim Mindling, Roaring Fork Farm
923 CooPer Avenue
Glenwood SPrings, CO 81601
phone 970 945'8676 o fax 970 945-2555
14 Inverness Drive East, Ste 8'144
Englewood, CO 80112
phone 303 izs-osa otar 303 925'0547
Enc
cc.
St. Finnbar Farrt
ENGINEER'S OPIMON OF PROBABLE
coNsrRUCrloN cosrs FoR PulLIq 3ll!o\rEv!Mr!
HCE tOS NO: 89071 09
Fcbruar\ 10. 1001 I ,ror(rl3u I lu 39 u:+ publicrmpro! I \l\
L'NIT
CSST CoSr OF l/uiol ----- rPg
/ 'z-',r'r-;<'/ ) 'a,--or*rruo
QU.\NTITYITENI
Grading and Eorlhwork
lvlobilizetion
Eerthu'tlrk
tl rrsuitrhlc Ilrtcrtrl Rcplrcentent
l" Asphalt
6" Class 6 ABC
8" Class i
35'xl5'x6' AmCor ConcreLe Bor Bridgc
25'x15'x6' AmCor Concrete Box Bridge
15'xl0'16' AmCor Concrete Box Bridge
20'rl0' Concrete ExPansion Slab
Concrete Wing Walls for Conc Box Bridge
Slorm Drains
18' ADS-N1l Culven w/ Flared End Scction
Sanitary Sewer
*pricc includes trenching and frrting'
8" SDR 35 Sewer PiPe
.l' Dianteter Seu'er Nlanhole
.1" Sewer Service
1-l/?" C-q)0 Force lrlain
S Diamcter Sewer Force,\Iain Valve Box
Liit Sration
Domcstie Water :: ,
*price includes trenching and fittings
Conctete Wet Well and Cunain Drain
Dry Fire HYdrant Assembly
Shatlow lltititizs
Electric Transformer
Elecrric/TelePhone/Cable
Gas Costs from KN EnergY
Electric Costs from Holy Cross Elec
Conduit and Wrning TaPe
Miiggiltancotu' ']..ri'',
" ..
'
'
Guardrail. CDOT TYPe 3
Revegetate/LandscaPe
Class I Ground Sign
Sediment Control Fence
PDES
I L,S.
I L.S,
t(xn c.Y.
7650 s.Y.
lj3() c.Y.
1020 c \'
3 Each
I Each
I Each
2 Each
6 Each
l-1,1 L.F.
10.(xn.fi)
l+.f,+.1.1){)
i8.80
8.00
17.(l)
13.50
.11.500.0o
25.500.00
31.000.tx)
r5.0m.00
8.000.00
ll.5r)
r0,(xx) 00
l.l,f/.t.(x)
18.800.{[)
61.100.00
26.010.(xl
:7.170.u1
I 17.sffi.00
15.500.00
34.ff)o.00
30.000.00
.18.000.m
j'.015 0O
l0,tno
I 1.6-1..1
1 880()
59286
2b0 l0
211'70
t2i500
25500
34000
30000
48000
3.015
0
0
0
1.91.1
0
0
0
0
0
0
0
0
25,10 L.F.
12 Each
13 Each
760 L.F.
I Each
I Each
6c.960.00
r9.2CO.(y)
2:, I 'J0. c0
15,9().00
.r.300.00
+1.0(x).0c
60.9o0
19.100
1) : r.){l
I 5.9s1
+.100
l69(X)
0
t)
0
0
0
4. i00
I Each
I Each
9 Each
4260 L.F.
1 L.S.
1 L.S.
7210 L.F.
660 L.F.
I L,S,
3 Each
3220 L.F.
1 L.S.
l.l.(yJ
"1. t0().(1)
l.7C'0.(n
ll.Lro
l.i(D.u)
+r.u)0.ix)
10.000 00
2.700.00
325.00
5.70
30.000 00
I14,()(J,0.0o
9.00
.{7. l0
r0.000.00
1.50.00
2.05
2.000.00
10.000
2.700
2925
1+282
30.0m
r 1.1,000
648m
31086
5000
750
4,968
2,000
0
0
o
0
0
o
0
0
5.000
0
1.633
0
r0.000.00
2,700.00
2.925.00
24,282.00
30.000.00
r 14.un.00
54,890.00
3l .086.00
10.000.00
750.00
6.601.00
2.000.00
SUBTOTAL
$91E,693.00
IO% CONTIGENCY
s9 I .869.30
TOTAL
$1,010,s62.30
CONTPLETED
TO DATE:
$9()6,046.00
TOT.\L COSTS
RENIAINING
$12,6.fl.00
IO% CONTIGENCY
sr.261.70
TOTAL REIVIAINING
$13'9rr.70
construction cost was prcpared for estinx]tinS purposes onLy. HiSh country Engineering' lnc' cannot be held
forvariancesfiomthisestimateasactualcostsmoyvaryduetobidandmarketJlucluations.
923 CooPer Avenue
Glenwood SPrings, CO 81601
phone 970 945-8676 o fax 970 915-2555
14 Inverness Dive East, Ste 8'144
Englewood, CO 80112
phone 303 iZs-OSU o fat 303 925-0547
i/
FEB. 20. 2001 I 1 :32AM CARBONDAL E
February l7,2}0l
Muk Bcan
Garficld Couuty Planner
109 Eighth Strccr, Suite 303
Glenwood Springs, CO 8160t
-N0, 2279-?. 2-
FIRE.EMS.RESCUE
RE: Srint x'innbr tr'rm - \Veter Supplies for Firc Protecuon, Test and Certificeflon
Deer lvlark:
On Octobcr 27,2000 and Novembar 3, 2000 we condgoted tests of thc St, Finnbar FarmSubdivision dry hydrant in conjunction with Wright watcr errgineers. * rG; perfr31ned
Tcoldt4g to cxpectatiou and mee{s otr requirernouts. We ravi atso rEccivd $e c;ifigstiondocurnentation fromVright_Watcr Eqgineis and High cowrtry Eugineering for suU-lttat toISO (Insuarrce Services Office) whichwe Ua requ#eA.
Please contact mo if you have any questions.
Sinccrchfillg,tr
BiIl Gawtte
Deeuty Chief
Cc: Lcslic Hopc, High Couutry Enginecring
Ron Liston, Lanrl Desigu partrership
^ Carbondele & Rural Fire protection District300 Mcadowood Drive , Carbondale, CO g1623.970/903-2491 Fo< 969{569
DISTRICT
LIMITED APPRAISAL
INA
SUMMARY REPORT
85.581ACRES
ST. TINNBAR RANCH
CARBONDALE, COLORADO
RECEIVEDAUG 162000
FOR
ST. FINNBAR FARM LAND CO.
AND
ROARING FORK FARM, LLC
Effective Date of Appraisal: May 27,2000
Inspection Date: M,ay 27,2000
Date of Report: August 11,2000
PREPARED BY:
BRUCE O. BAIER, MAI
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BAIER APPRAISAL SERVICES
REAL ESTATE APPRAISERS . CONSULTANTS
August 11, 2000
Jim Mindling
St. Finnbar Farm Land Co.
and
Roaring Fork Farm,LLC
32 Buttonball Lane
Weston, CT 06883
Re: St. Finnbar Farm Land Co. / Roaring Fork Farm, LLC property
Property is located about two miles east of the Town of Carbondale, Colorado along the
Catherine Store Road (County Road 100) in Garfield County
Dear Mr. Mindling:
At your request, I have appraised the property referenced above. The property being appraised is
avacant parcel that is approved for a single family residential subdivision. The purpose of the
appraisal is to estimate the market value of the fee simple interest of the subject property as of
the effective date of the appraisal. However, the market value sought is not that of an approved
subdivision, but rather the land as without any entitlements of development other than the
original zoning and the suggested proposed land use as indicated by the Garfield County
Comprehensive Land Use District Study Area 1. This appraisal will be used to aid in and
support decisions related to impact fees for the RE-l School district. As such, it investigates
only the bulk value of the land on a sales comparison basis. Considering the use of this
appraisal, the report is very cursory in form.
This is a Summary Report, which is intended to comply with the reporting requirements set
forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice
(USPAP) for a Summary Appraisal Report. As such, it presents only summary discussions of
the data, reasoning, and analyses that were used in the appraisal process to develop the
appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and
analyses is retained in the appraiser's file. The depth of discussion contained in this report is
specific to the needs of the client and for the intended use stated. The appraiser is not
responsible for unauthorized use of this report. A copy of this report is expected to be provided
to Garfield County.
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BRUCE O. BAIER, MAI
3O2 EIGHTH STREET, SUITE 2IO
P.O. BOX 2347
GLEN\ruOOD SPRINGS, COLORADO AI602
(97o) 945-9440 FAX: (97O) 945-t4a7
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St. Finnbar Farm Property
This appraisal is prepared in accordance with the standards and reporting requirements of
USPAP promulgated by the Appraisal Standards Board of the Appraisal Foundation, the
Appraisal Institute, and appropriate State Laws, regulations, policies, and procedures.
Furthermore, in accordance with prior agreement between the client and the appraiser, this
report is the result of a limited appraisal process in that certain allowable departures from
specific guidelines for the USPAP (Uniform Standards of Professional Appraisal Practice)
were invoked. The intended user of this report is warned that the reliability of the value
conclusion provided may be impacted to the degree that there is departure from specific
guidelines of USPAP. The limitation for this appraisal is the time frame of the appraisal and the
assumptions placed on the appraisal by the Garfield County Planning and Building Director in
light of the actual development stage of the property. As far as the sales comparison process,
there has been no departure under the Garfield County regulations for this appraisal.
As a result of my investigation and analysis of the information gathered, I estimate the market
value as defined for this assignment ofthe subject property as of May 27,2000 in a range of
value from 52,400,000 to $2,600,000. As a singular number, it is my opinion that the market
value as defined for this assignment of the subject property as of May 27,2000 is $2,500,000.
s2.500.000
TwO MILLION FIVE HUNDRED THOUSAND DOLLARS
No personal property is considered as part of this appraisal or its value estimates.
The supporting data, analyses, and conclusions on which these value estimates are based are
contained in the accompanying report and on file in my office.
Respectfully submitted,
Or*-fuA
I 8ffi3 3fi:?"ilfrraiser # cG013138r8
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TABLE OF CONTENTS
CERTtr'ICATION OF APPRAISER
SLiMMARYOFIMPORTANTCONCLUSIONS ...:. .....I
PHOTOGRAPHSOFSUBJECTPROPERTY... ....2
ASSUMPTIONSANDLIMITINGCONDITIONS.. .......9
COMPETENCYPROVISION ... 1I
PURPOSEOFTTMAPPRAISAL ......11
INTENDEDUSEOFREPORT ....... 1I
DEFIMTION OF MARKET VALUE . . . 11
RIGHTS/INTERESTVALUED ...,,,12
EFFECTIVEDATEOFVALUE ,.,...12
DATEOFREPORT... ...12
APPRAISAL DEVELOPMENT AND REPORTING PROCESS
DESCRIPTION OF REAL ESTATE APPRAISED
Location Description / Carbondale Area
Location Description / Neighborhood .
SITE DATA
ZONING
WETLANDS DELINEATION
HISTORY OF PROPERTY
HIGFIEST AND BEST USE .
Highest and Best Use as Though Vacant
Highest and Best Use as Improved
VALUATION ANALYSIS .
t2
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13
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19
19
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2tCOST APPROACH
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INCOME APPROACH
SALES COMPARISON APPROACH ....21GeneralAppraisalProblem-Comments&GeneralAnalysis .....2ITime. ....22OtherAdjustments... ...22RelativeAnalysis .......23ComparableSalesSummary ....24
SALES COMPARISON ANALYSIS SIJMMARY - PRICE/ACRE . . . .26
SalesComparisonAnalysis-Continuumline . .....26
Sales Comparison Analysis - x,y Graph Analysis . . . . 27SummaryAnalysis .....28
RECONCILIATION AND VALUE CONCLUSION
INDICATED E)POSURE TIME and ESTIMATED MARKETING TIME:
ADDENDUM
QUALIFICATIONS OF BRUCE O. BAIE& MAI
WATER RIGHTS
LEGAL DESCRIPTION
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CERTIF'ICATION OF APPRAISER
I certify that to the best of my knowledge and belief.
The statements of fact contained in this report are true and correct.
The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are my personal, unbiased professional
analyses, opinions, and conclusions.
I have no present or prospective interest in the property that is the subject of this report
and I have no personal interest or bias with respect to the parties involved.
My compensation is not contingent upon the reporting of a predetermined value or
direction in value that favors the cause of the client, the amount of the value estimate, the
attainment of a stipulated result, or the occurrence of a subsequent event.
It was not based on a requested minimum valuation, specific value, or value within a
given range, or the approval ofa loan.
My analyses, opinions, and conclusions were developed, and this report has been
prepared, in conformity with the Uniform Standards of Professional Appraisal Practice.
I have made a personal inspection of each property that is the subject of this report.
No one provided significant professional assistance to the person signing this report.
The reported analyses, opinions, and conclusions were developed, and this report has
been prepared, in conformity with the requirements of the Code of Professional Ethics
and Standards of Professional Practice of the Appraisal Institute.
The use of this report is subject to the requirements of the Appraisal Institute relating to
review by its duly authorized representatives.
As of the date of this report, I, Bruce O. Baier, have completed the requirements of the
continuing education program of the Appraisal Institute.
Bruce O. Baier, MAI
Certified General Appraiser # CCr013 13 8 I 8
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I SUMMARY OT IMPO-RTANT CONCLUSIONSI
St. Finnbar Farm property is located about two miles east of the Town of Carbondale, Colorado
t along the Catherine Store Road (County Road 100) in Garfield County. The land has historically
I been used as pasture I grazing land. Parts of this property are or will be delineated as wetlands.
The value sought is as though no development proposals or entitlements have been investigated
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or approved, i.e., valued as ranch land only.
Effective Date of Appraisal May 27,2000
I Date of Inspection May 27,2000I Date of Report August l l, 2000
Interest Appraised Fee Simple Estate
I Zorung A/R/RD^/ Agricultural Residential Rural Densityr Parcel Numbers 2391-313-00-024
I *tn*1t1ff;'rYff#t*o
vacant until ready for development as either ranchI lil;:rffiT$:{Hi#ffi:l;'::j:".*
Real Estate
I As though improved: Vacant / N/A (Cabin of no value)
I Improvements None considered
r Land Size.I
I ,",.":::::::,
8s s81 Acres
I Sales Comparison Approach $28,000 to $30,000 / Acret
or
I $2,4oo,ooo to $2,6oo,ooo
I Estimate of Market Value $2,500,000
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LOOKING WEST AT HISTOzuC ENTRANCE TO PROPERTY
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AERIAL VIEW (June 4,l99r ) oF AREA St]BJECT AT TOp OIr PLIOTOGRAPII
LOOKING NOR'IHWEST FROM ROAD NEAR SOUTH END OF PROPERTY
LOOKING SOUTHEAST AT ALONG INTERIOR PASTURE AREA
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LOOKING EASTERLY FROM NIIAI{ L]NTRANCE TO PROPE,RTY
LOOKING WEST FROM NEAR ENTRANCE TO PROPERTY FROM ROAD 1OO
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LOOKING WEST AT NORTHWEST PAR'I' OIT PROPERTY
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LOOKING NORTI{EAST ALONG BLUE CREEK FROM NEAR CENTER OF PROPERTY
LOOKING WESTERLY ALONG BLUE, CRE,EK FROM NEAIT CENTER OF PROPERTY
LOOKING WEST ALONG BLUE CREEK FROM ROAD 1OO
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LOOKING NORI'IIWEST ALONG ROARING FORK RI\IER FROM ROAD I OO BRIDGE
SUBJECT AT zuGHT OF PHOTOGRAPH
LOOKING NORTH AI-ONG ROAD l OO SUBJECT AT LEFT OF PHOTOGITAPH
ASSUMPTIONS AND LIMITING CONDITIONS
The certification of the appraiser appearing in this appraisal report is subject to the following
conditions and to such other assumptions and specific and limiting conditions as are set forth by
the appraiser in the report.
This appraisal report has been made with the following general assumptions:
1. As agreed upon with the client prior to the preparation of this appraisal, this is a
Limited Appraisal because it invokes the Departure Provision of the Uniform
Standards of Professional Practice. As such, information pertinent to the valuation
has not been considered and/or the full valuation process has not been applied.
Depending on the type and degree of limitations, the reliability of the value
conclusion herein may be reduced. The limitation for this appraisal is the time frame
of the appraisal and the assumptions placed on the appraisal by the Garfield County
Planning and Building Director in light of the actual development stage of the
property. As far as the sales comparison process, there has been no departure under
the Garfield County regulations for this appraisal.
2. This is a Summary Appraisal Report which is intended to comply with the
reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards
of Professional Practice for a Summary Appraisal Report. As such, it might not' include full discussions of the data, reasonirg, and urulyr", that were used in the
appraisal process to develop the appraiser's opinion of value. Supporting
documentation concerning data, reasoning, and analyses is retained in the appraiser's
file. The information contained in this report is specific to the needs of the client and
for the intended use stated in this report. The appraiser is not responsible for
unauthorized use of this report. Garfield County is intended to receive a copy of this
appraisal report.
3. The property is appraised free and clear of any or all liens or encumbrances unless
otherwise stated.
The appraiser assumes no responsibility for matters of a legal nature affecting the
property or the title thereto, nor does the appraiser render any opinion as to the title,
which is assumed to be good and marketable. The property is appraised as though
under responsible ownership and competent property management.
Any sketch in the report may show approximate dimensions and is included to assist
the reader in visualizing the property. The appraiser has made no survey of the
property. Drawings of the property were received from Ron Liston of Land Design
Partnership.
The appraiser assumes that there are no hidden or unapparent conditions of the
property, subsoil, or structures, which would render it more or less valuable. The
4.
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appraiser assumes no responsibility for such conditions, or for engineering which
might be required to discover such factors.
7. Information, estimates, and opinions furnished to the appraiser, and contained in the
report, were obtained from sources considered reliable and believed to be true and
correct. However, no responsibility for accuracy of such items furnished the
appraiser can be assumed by the appraiser.
8. It is assumed that all applicable zoning and use regulations and restrictions have been
complied with, unless a nonconformity has been stated, defined, and considered in the
appraisal report.
9. It is assumed that the utilization of the lan'd and improvements is within the
boundaries or property lines of the property described and that there is no
encroachment or trespass unless noted in the report.
This appraisal has been made with the following general limiting conditions:
1. The appraiser is not required to give testimony or appear in court because of having
made the appraisal with reference to the property in question, unless arrangements
have been previously made therefore.
2. Any distribution of the valuation in the report between land and improvements
applies only under the existing program of utilization. The separate valuations for
land and building must not be used in conjunction with any other appraisal and are
invalid if so used.
Neither all nor any part of the contents of this report (especially any conclusions as to
value, the identity of the appraiser, or the firm which the appraiser is connected) shall
be disseminated to the public through advertising, public relations, news, sales, or
other media without the prior written consent and approval of the appraiser.
Possession of this report, or a copy thereof, does not carry with it the right of
publication. It may not be used for any purpose by any person other than the party to
whom it is addressed without the written consent of the appraiser, and in any event
only with proper written qualification and only in its entirety.
Disclosure of the contents of this report is governed by the Bylaws and Regulations
of the Appraisal Institute. Neither all or any part of the contents of this report
(especially any conclusions as to value, the identity of the appraiser, or any reference
to the Appraisal Institute or the MAI designation) shall be disseminated to the public
through advertising, public relations, news, sales, or other media without the prior
written consent and approval of the author. All appraisals are subject to review by
the Appraisal Institute upon request.
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6. Unless otherwise stated in this report, the existence of hazardous material, which may
or may not be present on the property, was not observed by the appraiser. The
appraiser has no knowledge of the existence of such materials on or in the property.
The appraiser, however, is not qualified to detect such substances. The presence of
substances such as asbestos, urea-formaldehyde foam insulation, petroleum products,
or other potentially hazardous materials may affect the value of the property. The
value estimate is predicated on the assumption that there is no such material on or in
the property that would cause a loss in value. No responsibility is assumed for any
such conditions, or for any expertise or engineering knowledge required to discover
them. The client is urged to retain an expert in this field, if desired.
COMPETENCY PROVISION
USPAP regulations call for an appraiser to be competent prior to accepting an assignment or if
not competent to notifu the client of his lack of competency and if the client so desires, the
appraiser must take appropriate steps to obtain that competency. The competency question may
concern education or knowledge of the particular type of assignment, knowledge of the market
being appraised or a general lack of experience. As a competency matter, I appraise in the local
market on a regular basis. I appraise a wide variety of properties that has included the type of
property appraised in this assignment. I did extensive research in the area to find comparable
sales. My education and experience, as outlined in the qualification sheet in the addendum
qualify me to appraise this type of property.
PURPOSE OF THE APPRAISAL
The purpose of the appraisal is to provide the best estimate of market value of the fee simple
interest of the subject property as of the effective date of the appraisal with the limitation that no
entitlements, improvements, approvals or any governmental processes have begun.
INTENDED USE OF REPORT
This appraisal will be to aid in or support the impact fees to be paid to the RE-1 School District
for development purposes.
DEFINITION OF MARKET VALUE
For purposes of this appraisal, the definition of market value is stated as follows:
"The most probable price which a property should bring in a competitive and open market
under all conditions requisite to a fair sale, the buyer and seller, each acting prudently,
knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this
definition is the consummation of a sale as of a specified date and the passing of title from
seller to buyer under conditions whereby:
l. Buyer and seller are typically motivated;
2. Both parties are well informed or well advised, and each acting in what
they consider their own best interests;
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3. A reasonable time is allowed for exposure in the open market;
4. Payment is made in terms of cash in U.S. dollars or in terms of financial
arrangements comparable thereto; and
5. The price represents the normal consideration for the property sold
unaffected by special or creative financing or sales concessions granted
by anyone associated with the sale.
From the OCC's Final Rule, 12 CFR Part34, Subpart C-Appraisals, Section 34.42 (Q, effective
August 24,1990.
RIGHTS / INTEREST VALUED
EFFECTTYE DATE OF VALUE
DATE OF REPORT
Fee Simple
May 27,2000
August 11, 2000. Research and analysis was done
between July 11, 2000 and the report date.
APPRAISAL DEVELOPMENT AND REPORTING PROCESS
In preparing this appraisal, I did the following:
. inspected the subject property on May 27,2000. spoke with Ron Liston of Design Land Partnership about his knowledge of the property
and to obtain property maps. spoke with Garfield County Director of Building and Planning Mark Bean for clarification
on intent of Garfield County's regulation on impact fees and appraisal date and property
approval processes. gathered and confirmed information for the sales comparison approach to value. Sources
included realtors, buyers, sellers, public records, and local MLS services. Confirmation
included a party to the transaction, a realtor involved in the sale, MLS data, public records,
and/or other appraisers who are believed to be a reliable source.. determined that the best valuation analysis is by applying the sales comparison approach
using the price/acre basis to arrive at the indications of value. The analysis is done on the
basis of relative or qualitative adjustments with charts and graphs The cost approach was
not used because there are no improvements of significant value to compare to other
properties at the site. The income approach is not used because the value of vacant land is
not usually done on the income approach. Additionally, as the Garfield County regulations
and personnel are specific that preentitlement or development value is what is sought, any
development plans would be considered speculative under that scenario. Therefore, the
sales comparison approach serves the valuation process best.
Due to the specific Garfield County regulations the value of this property would most likely be
estimated by comparison with other properties in the sales comparison approach by other
competent individuals. Because those regulations require an appraispd value that assumes the
value as a ranch before any development proposals, approvals, or any other development
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processes, it is my opinion that there is a departure from Appraisal Standards. That departure
deals with the assumptions made at the request of the governmental agency.
DESCRIPTION OF REAL ESTATE APPRAISED
L,ocation Description / Carbondale Area
The Town of Carbondale is located in the Roaring Fork Valley in west central Colorado. It is
just south ofthe junction of Colorado Highway 82 and Colorado Highway 133. This is at the
confluence of the Roaring Fork and Crystal Rivers.
Colorado Highway 82 is the primary highway artery serving the area. It provides access to
Glenwood Springs and Interstate70,10 miles to the northwest; and the towns of Basalt, l5 miles
east, southeast, and Aspen, 30 miles southeast. Aspen is famous for its winter ski areas. In the
winter time, the only public land transportation route to Aspen is along Highway 82. Glenwood
Canyon is on the east side of Glenwood Springs, continuing for approximately l5 miles. Vail,
one of Colorado's famous ski areas, lies 60 miles east of Glenwood Springs. Denver, Colorado's
capital, is about 150 miles east of Glenwood Springs. 90 miles west of Glenwood Springs is
Grand Junction, the largest community on the "western slope" of Colorado.
Colorado Highway 133, which begins at Highway 82 just north of Carbondale, provides access
to the Gunnison River Valley and U.S. 50 to the south via McClure's Pass. Intrastate bus service
is available at Glenwood Springs and Aspen. Rail passenger and freight services are available in
Glenwood Springs and scheduled airline service is available at Aspen's Sardy Field, 27 miles to
the southeast and at the Eagle County airport about 40 miles to the northeast.
The local vacancy rate had been reported at 0o/o in the summer of 1990 when the census was
taken. It was so tight that people were living in their cars. The town planner noted only four
vacancies at the same time. Current vacancies appear to be in a similar situation. There has
been considerable new housing starts since the 1990 census. Four new subdivisions located in
the southwest part of Carbondale have added the bulk of the new residential dwellings.
The following chart demonstrates the population and changes in Garfield County and the Towns
within the County. As noted by the Unincorporated line, there are considerable numbers of
people in the nearby surrounding area that are at least partly associated with each town and are
not residents. For the Town of Carbondale this could represent an addition al3,331 people for a
greater Carbondale area of 8,677 people.
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AREA MAP
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Table I
In a 1985 survey, residents rated the community atmosphere as the number one reason for living
in Carbondale and appear to be willing to commute elsewhere for a job. This is an indication
that Carbondale's economic health is largely dependent on the surrounding area's economics.
In 1986 coal mining and related industries represented the major employment source in the
Carbondale area. One estimate indicated an estimated 40% of the population of the town and
surrounding area was involved from this employment source. The Mid-Continent Coal and
Coke mine at Redstone closed January 25, 1991and the company filed bankruptcy about ayear
later. The shut down of this operation didn't have as large a negative impact on the area as had
previous closings of the mine because of changes in employment in the area. Today, significant
local employment sources include service and tourist oriented retail sales and construction
trades. A significant percentage of the area's residents are employed in the Aspen resort area.
The rapid growth of population and employment in the Carbondale area between 1974 and 1980
resulted in a substantial amount of new residential development. This also occurred between
1988 and 1990 in the area. The area has also had much residential construction in the last nine
years. Residential real estate prices in the area rose substantially during this time. According to
the Garfield County Assessor's ofiice, the following table represents recent years house sales and
average prices. The closer to Aspen, the higher the prices of real estate. One or a few major
sales can skew these numbers considerably. However, the upward trend appears clear.
Garfield County and Municipal Population
Jurisdiction t970
Census
1980
Census
1990
Census
1997
Est.
1998
Est.
1999
Est.
%
Change
'90-'99
Glenwood Springs 8729*4,637 6,561 7,916 8,202 8,295 26.404
Carbondale *incl 2,084 3,004 4,659 5,004 5,346 78.00
New Castle t976#563 679 1,573 1,716 1,875 176.1%
Parachute 819 338 658 1,1 t6 1,153 1,161 76 4Yo
Rifle 3,297 3,215 4,858 6,058 6,367 6,641 36.7%
Silt #incl 923 1,095 1,399 7,612 1,666 52.to^
Unincorporated 10,754 I3,1 19 15,531 16,404 16,812 28.20
Total 14,821 22,5I4 29,974 38,252 40,458 41,796 %39.4
Source: State of Colorado - June, 2000 - Subject to revision
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Two new developments are having a profound impact on the area. One is the River Valley
Ranch housing and golf course project located at the south end of Carbondale on the west side of
Highway 133. This subdivision is upper end and includes some affordable housing. Utilities
were tapped into the city systems. Resistance to the development was because this land had been
viewed by the planning department as a long term area for housing stock growth. The
development was purchased by the Hines Interests Limited Partnership. The other is the 643
unit private planned community development of Aspen Glen with a championship golf course.
Lots in that development originally ranged from $140,000 to about $500,000 and more. They
appear to be geared mostly to second home purchasers. However, some local people and
speculators have purchased homesites as well as probable second home owners. Additional
developments are in the planning stages in the area around Carbondale, Glenwood Springs, New
Castle, and Silt that will continue to significantly impact the area.
The development of commercial and industrial land uses to serve this population has lagged
behind residential development; this is reflected by the development of the Carbondale Business
Center, the Village Business Center in the Roaring Fork Village P.U.D., and the 50,000 * square
foot Crystal Village Plaza shopping center completed in January, 1984. Expansions have taken
place in the last few years including the City Market grocery store.
The last previous major commercial retail development complex was the Sopris Shopping Center
that opened in 1973 Until the new Clarks center at Hwy 133 and Main Street opened in 1995,
the last development occurred in the Cowen Center near the intersection of Highway 82 and
Highway 133. A 60 unit Days Inn opened in 1991 and another motel, the Country Inn opened in
June, 1993 next door. The balance of the center is a convenience store with self serve gas and a
Iiquor store. There is also a newer office building with a real estate agency and an insurance
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Table2.
Selected Garfield County Residential Real Estate Activity 1997, 1,998, and 1999
Market Area t997 1998 r999
Glenwood Springs
Houses Sold 125 154 140
Average Price $222,030 $229,539 s264,573
Carbondale
Houses Sold 53 82 75
Average Price $212,398 $259,418 $288,769
fuver Valley Ranch and Aspen Glen Sales are not included in Carbondale data. If they were
included, the number of houses sold and the average prices for Carbondale would have been
higher than shown. Source - Garfield County Assessor's Ofiice - February, 2000
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agency. Its original size was 3,400 * square foot. The building was recently expanded with
retail and more office space. Other commercial development has occurred and is in the process
of construction along Highway 133 and some redevelopment in the CBD The April, 1999
purchase of a 21 acre site along the west side of Highway 133 for $5.1 million suggests
significant commercial real estate development in the planning process. An announcement as to
the status of that development did not occur as planned in the fall of 1999. Considering the
significant amount of residential development in the area over the last several years, it is likely
that this significant commercial property will develop.
Educational facilities serving the area include a good public school system and Colorado
Mountain College, a junior college located approximately 6 miles to the northwest. CMC also
offers both undergraduate and adult education programs. The adult education programs are
located in the surrounding communities such as Glenwood Springs, Carbondale, and Aspen.
Good hospital facilities are available in Glenwood Springs and Aspen. Police protection is
provided by the Garfield County Sheriffs Department and the Town of Carbondale police
department, and fire protection is provided by the Carbondale and Rural Volunteer Fire
Department.
A high altitude climate, scenic location, and abundant recreational facilities are major elements
in the area's growth. Winter sports facilities include the world famous Aspen ski resort area, the
Sunlight Ski area, 10 miles south of Glenwood Springs, and the Hot Springs Pool in Glenwood
Springs. The White River National Forest, which surrounds the area, offers excellent hiking,
camping, hunting and Nordic skiing; area rivers such as the Crystal and Frying Pan are noted for
their "gold medal waters" for fishing.
In summary, the Carbondale area has experienced substantial population growth during the past
three decades due to a combination of proximity to natural resources and its location with respect
to transportation systems, tourism routes, and recreational facilities. It has been in a transition
stage and is trying to bring small commercial employers to the area so that the area is not so
dependent on one economy such as had happened with the coal mine.
The commercial market in Carbondale has been mixed over the last several years. There has
been substantial new development of commercial properties in recent years. However, there is a
real concern for certain segments of that commercial market. The retail market is in a flux
situation with development mostly along Highway 133. The downtown commercial retail
market appears to be relatively strong for Main Street, first floor spaces. As Carbondale is a
unique community with many "arts" people, demand for prime space in the core area has
remained strong for the sector. As commercial prices have increased significantly over the last
five to ten years, there has been more development and price pressure from developers in the
Carbondale market, in particular from the up valley (Aspen) area. There are some real questions,
in my mind, as to how this will affect the Carbondale commercial market over the next five to
ten years. Have prices and the perception of prices gotten out of hand and will rent levels be
affordable to tenants?
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Location Description / Neighborhood
The subject property is located approximately 2.5 miles east of the city limits of Carbondale, on
County Road 100 and about ll4 mrle south of Colorado State Highway 82
The subject neighborhood is defined as the general rural area near and east of Carbondale,
Colorado. The northern boundary is partly the Blue Creek drainage and the adjoining properties
north and adjacent to Highway 82. This includes the Aspen Equestrian Estates new subdivision
(former Preshana). These are mostly rural residential properties. The southern boundary is the
Roaring Fork River and County Road 100, neighboring properties and the mountainous terrain
that is south of County Road 100. This area is composed of ranches and a mixture of a variety of
homes on home sites ranging from a one or two to 35 acre sites. The former Mid-Continent coal
rail loading facility operation south of Road 100 was purchased and commercial lindustrial /
mini storage uses are being promoted for the site. The commercial facilities in the area appear to
not have adversely affected real estate prices in the area.
The western boundary is the Ranch at Roaring Fork Subdivision. It is comprised of two single
family residential areas containing a total of 92lots, a condominium project consisting of 60
townhouse style units, a restaurant at the subdivision entrance, and substantial common area.
The Ranch amenities include about 350 acres and is mostly open wet lands that is intended to be
maintained in perpetuity. The subdivision common area includes a t hole par 3 golf course and
tennis courts.
The east boundary is the general countryside containing some ranches and rural home sites. This
includes the Blue Creek Ranch across Road 100 from the subject. This has been listed for sale,
is under contract, and is a probable development property.
The area is basically zoned Agricultural/Residential/Rural Density (A/R/RD). Most of the
existing uses are rural ranch land and single family rural home site uses. Exceptions include the
commercially zoned Catherine's Store, now the Roadhouse, a small trailer park ll2 mile east on
the frontage road for Highway 82 and the AgriculturaVlndustrial area where Mid-Continent
loading facilities were located. The Garfield County Comprehensive Plan indicates much of the
subject area as Low Density Residential (10 and Greater AcreslDwelling Unit)on its Proposed
Land Use District Study Area I map.
The subject property is located in Garfield County; however, two miles to the east is Eagle
County and three miles to the south is Pitkin County. Pitkin County has a much more restrictive
attitude on growth and development than do the other two counties. Because of this it is highly
likely that Pitkin County will remain in a rural setting without much change or development.
The southwestern part of Eagle County is located in this area. This county has a growth attitude
more like Garfield County.
Water is available by means of springs and drilled wells. On individupl properties, sewer is
available by individual septic systems and leach fields. Although the St. Finnbar property and
ST. FINNBAR FARM
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Aspen Equestrian Estates to the north of the subject are approved to tie into and participate in the
costs of the expansion of the Ranch at Roaring Fork Subdivision's Sewage system, Garfield
County appraisal requirements for the impact fees are not to take into consideration that amenity
to the property. Electricity is supplied by Holy Cross Electric. Public telephone service is
available. Natural gas is also available in the area.
SITE DATA
The subject property is an irregular shaped parcel that contains a total land area of85.581 acres.
At the 1989 purchase it was considered to contain 87.75 acres of which reportedly 50o/oto 55o/o
were buildable (not in the flood plain). It is approximately 2400' x 1500'. Blue Creek runs
through the north part of the property. The Roaring Fork River is on the south end of the
property. There is a greenbelt area along Blue Creek on the north end of the property. This
provides considerable water that appears to be the main source for the wetland designations on
the property. Vegetation on the parcel is varied and contains a wide variety of trees, grasses,
weeds, and wetlands types of vegetation. The site is characterized by hay and pasture fields and
the remainder of the property is intermixed with groves of cottonwood trees and grass pasture.
Ponderosa pine and spruce trees are scattered throughout the tree masses. There are some
irrigation ditches on the property.
The ranch lies at an elevation between about 6,200'to 6,300' above sea level. The land has a
terrain that is mostly level. The slope of the land and drainage is from the north and east to the
south and west. There are no known soil or subsoil conditions that make the subject site more or
less desirable than another site.
Public utilities to or near the site include public electricity, natural gas, and telephone. The
subject is located about 1/4 mile south of Highway 82 and adjacent and west of County Road
100. The access road to the subject is County Road 100. It is a two lane asphalt paved road.
Site improvements include numerous fences. Some are wood and wire. The only building
structure on the site is an old one story log cabin used as a tack shed. I attribute no value to this
structure. Note the maps and photographs in this report depicting the subject site.
The site is considered functionally adequate with enough width and depth for proper
development of the site. The site may be limited in development due to the wetlands issues.
Most of the sites in the area of the subject have varying widths and depths. There is no regular
site shape ofparcels in the subject area.
A review of the area index for community panel # 080205 1880 B, January 3, 1986, indicates the
subject is in an area classified as Zones A, B, and C. These Zones range from an area of minimal
flooding (C) which indicates that the property is not in an identified flood hazard area, is
between a 100 year and a 500 year flood plain (B), and is within a 100 year flood plain (A).
Real estate taxes for the subject property for 1999 due in 2000 are $382.76 Based on
agricultural use, the actual value in the assessor's ofiice is set at $20,830.
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Water Rights
Water rights for land are a very valuable part of the property. The irrigation rights are
considered adequate for the 85 * ns1ss. These are included in the addendum as a photo copy of
the rights. The concern that most purchasers have of this type of land is that there is, mostly as
demonstrated by past usage, enough water rights to irrigate the irrigated pasture land on the
property in question. I have not quantified or appraised any water rights separately in this
appraisal. My only assumption is that the amount of water that has been historically used on the
property are included with the sale of the property.
ZONING
The zoning of the subject property is A/R/RD, Agricultural/ResidentiaV Rural Density, as
defined in the Garfield County ZoningRegulations. As the name implies, it is a rural
agricultural and residential zone district allowing uses by right and special and conditional uses.
This permits many types of agricultural uses as well as residential uses with a minimum of 2
acres per site. However, the Garfield County Proposed Land Use District for this area (Study
Area 1) suggests development as Low Density Residential (10 and Greater Acres/Dwelling
Unit). The use of the subject property as a ranch is a permitted use in the current zoning
regulations.
WETLANDS DELINEATION
I have not been provided with any studies that specifically state the areas of any Wetlands
Designated areas. However, a map provided to me by Ron Liston indicates some areas on the
map that identifies the probable wetlands areas.
HISTORY OF PROPERTY
The subject property was sold on Novemb er 2, 1989 for the listed price of $ i,000,000 as
recorded in Book 767,Page 384. The seller was Gertrude (Trudi) L. Peet and the buyer was St.
Finnbar Land Company. I did not find any public documents of any transfers of the property in
the last three years.
According to the listing realtor in 1989, this property drew a lot of emotion from prospective
buyers because of the shear beauty of the property itself. In 1989 I was told the reason for the
purchase of the subject was because of its proximity to the then named Preshana Farms. The
potential of development in regard to this location was in large part the reason for the purchase.
HIGHEST AND BEST USE
Highest and Best Use as Though Vacant
For this appraisal, highest and best use is defined as. "The reasonably probable and legal use of
vacant land or an improved property, which is physically possible, appropriately supported,
financially feasible, and that results in the highest value. "
The highest and best use of a property must meet four criteria. The highest and best use must be
legally permissible, physically possible, financially feasible, and maxirnally productive. These
criteria are usually considered in order; however, the four criteria interact and may be
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considered together.
An article entitled "Highest and Best Use: Preservation Use of Environmentally Significant Real
Estate in the January, 1996 The Appraisal Journal by Donald C. Wilson explored this appropriate
topic. A significant part of the subject property could potentially be labeled as "environmentally
significant real estate". In this article, he discusses highest and best use analysis and parameters
as well as meeting the criteria of the market value definition that is typically employed in an
appraisal and used in this appraisal, especially as it relates to highest and best use analysis.
Without going into a lengthy detail as in the article and in consideration that this is a summary
report, I note that Preservation Use of Environmentally Significant Real Estate, like the main
part ofthe subject is.
. physically possible. legally permissible. financially feasible and. can have the greatest net return to the owner
As such, the preservation use of environmentally significant real estate becomes one possible
highest and best use ofthe part ofthe subject property.
There are numerous properties that are located in the area of the subject. These have been
historically used as ranch land for grazing of livestock. Additionally, as the land has been sold,
significant tracts have been converted to single family property uses. Typically, raising horses in
conjunction with private home ownership has been a desirable reason for location to this area.
Based on the neighboring property uses, it is my opinion that there is the potential to develop the
land for single family residences on large sites. The current recommends no less than one home
for each 10 acres. Therefore, it is my opinion that the site could alternatively have the ability to
be developed as eight or nine single family homesites. In truth, the approvals are for 13
homesites. However; this appraisal does not take any governmental approvals or processes into
consideration as part of value for this property.
Other probable property uses that are legal within the zone district would include commercial
farming, plant husbandry, and commercial greenhouse uses. Also, non-commercial gardening
and the sale of produce and plants raised on the premises are allowed.
Highest and Best Use as Improved
Except for an old log cabin / tack shed on the site, the subject property is a vacant parcel. I
ascribe no significant value to the cabin. Therefore, it is my opinion that no further discussion of
the highest and best use as improved is necessary.
VALUATION ANALYSIS
In arriving at a final opinion of value, the three traditional approaches to value are employed to
arrive at preliminary value estimates. The process of correlating or reconciling the preliminary
ST. FINNBAR RANCH COMPANY
APPMISAL DATE 5.27.2000
O: Enc}l: A. stfinbar.wk4
COMPARABLE PROPERTY SALES
SALE
NO.LOCATION
SALE OATE
SALEGMNTOR GRANTEE MO YR PRICE
PRICg
ACRE
NO. OF
ACRES
DAYS
ON
MARKET SHORTLEGAL COMMENTS
3qd ST FINNBAR RANCH
County Roed ,00
Gentude L. Cftudi) Peet St. Finnber Land Company
31,000,000
\lvllen advedised forsale in 1969, land area was 87.75 acres. Acllalfrom surcy shows 85.56'l
A7.75 $11,390 Sec.3,l-7-88 EastotCarbondale.@nslde.sblewetlands
85.581 t't1.6E5
r 1 89 i1,000.000 77
77
1 Surouoding 17072 Highway S2Mumben Cerise Family CO.
2 East of 17072 Highway 82 Mumbert Cerise Family CO.
3 BIue Heron Lane Nieslanik, Roberl & Wande
4 123,4 Counly Roed 105 Oouolas Ceriso R.nci CO.
5 1265 100 Road Ge6az, Oonnls & Nilo Trust
I Mefiill Awnue Mesa Vordo Assoclat8 LLC
7 olT ofoounty Road 100 Gorbaz, Dcnnb & Nils Trust
6 Otr of County Road 100 Geftaz, Dennls & Nlle Trust
s 3220 100 Rosd Gfl[gan, wm J. & Jan! M.
Estimated Contrad Time
Estimated ContEci TimcHanryH.nisHiteRev.ltust 2 98 $2,000,000 n/a 107.132 316,616 Sec.27&S,a-7-8E Eastofcarbondgle. NeiOhborpurchesG.
G6orgeShfin 6 9E S1,847,603 n/a 161.920 111.112 Se.lE&10-7.E7 AbouthelfofRench. l52+/.a@sorignallyaorcedonwilhodbuldings.
31,624,000 nla 152.000 ll2,0o0I 99 5767.000 a23A $1E,107 TrlnScc36-7-61 MulihleboiHin0sincludedlnsalr. PadofEnchprcpenypurchsedforlooleminvestmcnt
'10 gg 5500,000 nl. 3f .2e2 t15,0'19 Tr in Se 3,t - 7 . 6E Two adla@nt, but dBslmilar pe@lr ln TM llmlts.
12 09 $791,000 n/s ,a0.61 $1e,500 TrlnSccS0-7-lt Psrtofmnchprcpenypurchas.dfordewlopment. Buyerilnsnelohbodnoprcpartytonort
,t 2000 $1,776,000 n/r 90.10 t19,692 TrhS.c36.7-6t PanofEncllprcp€rtypurch.sedfordcwlopment
6 2000 $,t,995,000 Unkniln E2 t60,9'15 Tr ln S€c 31 - 7 " 87 Eluo Ccok R.nch wlth substantial imprcwmnt Elur.
't00 Road C.ttl. Compeny. LLC
TM of CarboMal€
Kllby, Gcorgr
Roarlng Fori Prcs6M, LLc
l0 County Ro.d 109
Eslimated Contmci TIre
Only lisllno pri@ dlscloscd. Undor @ntmd 8nd in duo dlnhcn@ tlm6.
Glenwood Land Company Cory.ll R.nch Gomprny, LLC 1, 9! S6,000,000 nla 2il.97 123,349 Coryefi Rrnch Purches.d for high .nd rcsldcntial dewlopment. Buyc6 dgwloped neEhboring &p€n Glen
BAIER APPRAISAL SERVICES
GLENWOOD SPRINGS, COLORADO
MAY,zo(x'
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value estimates examines the relative merits of each valuation approach in terms of: the
probable reliability of data used; the relative applicability of the approach to the type of property
being appraised; and the relative applicability of the approach in light of the definition sought.
NOTE: I have used the Lotus 1-2-3(R) electronic spreadsheet for most calculations. This
includes those numeric charts presented in this report. Because of this, there is some
inherent rounding in various calculations. Ttiis is not considered to have an affect on the
meaningful numbers and results in this appraisal.
COST APPROACII
As mentioned previously in the Appraisal Development and Reporting Process section, there
are limited improvements to value in this appraisal. Thus, the traditional cost approach is not
utilized in this report. The value of the site, as vacant, is estimated using the sales comparison
approach and no contributory value is added for the log building on the site.
INCOME APPROACH
As mentioned previously in the Appraisal Development and Reporting Process section, the
income approach to value is not used in this appraisal. While the income approach through the
subdivision analysis of a development of the parcel into multiple single family sites is would
typically be done with this property, the limitations of the assignment do not allow for this. In
my opinion, this is really a sales comparison approach for this potential development property
and no real DCF (Discounted Cash Flow Analysis) is applicable.
SALES COMPARISON APPROACH
The premise of the sales comparison approach is that the value of the property does not exceed
the value of an acceptable substitute. Under this approach, the value of the subject is gauged by
analyzing recent sales of comparable properties in the open market and making adjustments for
differences between comparable and subject. The sales comparison approach provides a reliable
estimate of value when. the amount of available market data is adequate; and the relative
adjustments between subject and comparable properties are not excessive and can be accurately
estimated.
General Appraisal Problem - Comments & General Analysis
I valued the subject site using a series of comparable vacant land sales and compared them to
the subject property. My main analysis for the subject property is on a price/acre basis. A
summary of the land sales analyzed is illustrated in the Comparable Property Sales chart. The
summary of my land sales analysis is illustrated in a separate Comparable Land Sales and
Analysis chart. Most of the comparable sales listed in the charts sold or went under contract
over the last three years. The subject property is unique with few good nearby comparable sales
in recent times.
Comparison to this property is most difficult because of its attributes. The neighboring property
to the north was originally split offfrom this land when purchased by the previous owners. A
parcel that elicits high emotional response and can be affiorded by wealthy individuals will
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CARBONDALE
COMPARABLE: SALE MAP
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command a premium price. This property has that, seclusion, and good access.
The subject property is located in the County Road 100 area, along the Roaring Fork River and
has good access to Carbondale and Highway 82. I have grouped the sales mostly in
chronological order. Their overall sizes range from as low as 3 1 acres to as much as 257 acres
versus the subject's 85.581 acres. My main research emphasized properties in the same general
vicinity as the subject which is the low land area east of Carbondale. I researched other
comparable sales in a variety of sizes and locations to attempt to:
1. extract quantitative adjustments for comparison to the subject and
2. use comparable sales in other "similar areas".
As an end result, I did not find good quantitative adjustments and have resorted to qualitative
adjustments for comparison and rely most heavily on the comparable sales located nearby the
subject.
In comparing the comparables to the subject property, consideration for each comparable sale
was first made for conditions of sale, financing, and any improvements or other considerations.
Those adjusted sales prices were then adjusted for time considerations. The local real estate
market has had escalating prices in recent years.
Time
I used comparable properties to try to estimate a reasonable time adjustment. I was able to find
limited truly comparable sales by which to do a paired sales analysis. I found some sales and
resales that demonstrated dramatic price increases. Property types varied and included single
family rural sites, ranches sold for development, and commercial sites. As a comment to this
rate of change. very rapid increases such as this are not typically sustainable over a long period
of time. While I found rates of increase in prices to vary widely, I chose moderate or mid level
changes for standardized adjustments. Compounded monthly extracted rates ranged from about
0.7So/olmonth to about 2.2o/oto over 3o/olmonth. As a reasonably conservative compromise, I
have used a compound rate of l.lo/olmonth to May, 2000. Because there is a considerable
disparity of time which properties were or are under contract until the closing date, I have used a
maximum time under contract of six months.
Other Adjustments
Next, adjustments are normally extracted for line items such as size, view, site conditions
(topography), river/creek frontage or pond, and privacy and other considerations. Basic water
rights for irrigation were found at each comparable sale. From these and other previously
researched comparable sales, I was able to observe some differences for these line items. Some
were more subjective as multiple factors often afiFect a price. The result is relative adjustments
to the comparable sales. While there may be some diflflerences, the adjustments are considered
by one person and considered on an overall relative basis. As a result, I feel that the adjustments
are reasonable on an overall basis.
ST- FINNBAR RANCH COMPANY
APPRAISAL DATE 5.27.2000
D: ranc'h: A. stfinbar.wk,l
SALE
NO. GRANTOR GMNTEE
COMPARABLE LAND SALES AND ANALYSIS
ADJUSTI'ENTS
SALE DATE SALEMO YR PRICE
Parc€l CondtonSizc Pric. / or Ssk(Acre) Ad. Adiust.
% AdiBt. I Adiusl.
Osq / AdlEtcd Adi$Ld (nrc) 01hc) I'imc
Financc lmprdarcnl 5.16 Pda / Ma*.t M.*ct Adjusted VAdrAdiust Est. Valu. Pdc! A@ Csdlions Cmdrdms PrlcG/As. Siz. M*Pond/
Sicrm
Usability
Topo
Subjrd
Relation
Pdvacy N.l +/- lo CompaEblc Adjusted
Othcr Adjust Sat. F.oh
w G.tudrL.(Trudi)Pe.t Sl.FinnberLendCompany 85.561
4 Oougl6s Ccdsc REnch CO. Gcorgc Shifrin 6 t99t Sr,647,603 161.92 511,112 530.000
5 Gcrb.z,Ornnls&NilrTru3t l00RoadCeld.Comp.ny,LLC 9 ,999 $767,000 42.36 Sll,107
I Muffi.d C.tu. Fenily CO. Art XlclBt in (Wnl.rgr.€n Horu6) t 1997 13,064.770 204.31C t15,000
E3timaled Conhcl Tlm.2 MumbcdCerb.FanllyCO. A.tKleln.trin(V\rnlcrgrc.nHom6) l0 1996 tl,557,080 92.06 $ll,mo
E!tm!t.d Conhd Tim.3 Mcilanik,RobcdllWanda HcnryHarlBHitrRrv.Trud 2 1996 t2,000,000 107.132 t1E,6l6
G+ Much> $19,37!
4+ Somwfiet> $19,685
2+ SomMrt> t22,125
++ t+ Signif@fly> S13,872
++++ 3+ Smcrvh.t> $14,966
.- ++ .++ ++++ 7+ Much> t,11,695
-- +++ 3. Somdhd> 12O,176
3+ Smwh.t> lrg,El9
. + 3. Som.wh{< i3tJB3
+ > 427'552
6 M...V.rd.A.roditdLLC TMorolrbondrl.
7 G.rb.r, Dml. & Ml. Tru.t ,oby, G.dg.
I Grrb.z, Dcnnb a Ml. Tturt Rorrlhg Fo* Pr8wc, LLC
9 Gilligan, Wm J. & Jane M. Not Obd6ed
10 tE99 $500,000 3.t.33 t15,959 ($25,000)
12 t9s9 t791,9@ {0.6' $19,500
1 2OOO t1,776,000 90.19 S19,5e2
6 m00 t,1,995,000 82 360,915 (t750.000)
t2,95.t,770 ii4.,t52
3t,6m,0c0 117,403
(ss0,000) t1,E97,mo a17,65c
(t150,0m) $1,727,r03 $10,671
(5110,000) $567,000 |l3.657
690,000) t100,990 0t2.799
t791,900 lt9,500
t1,776,000 t,t9,692
(t800,000) $3,50s,s97 t42,756
$5,000,000 s23.349
($1 r0,000)
(ss5,000)
(i53.000)
14,917 $19,379
s2,62 I r 9,655
$4,76t ,22,125
t3,20'r $t3,E72
$1,r09 ll4,966
tE96 013,695
1075 120,475
$197 $19,E89
(s2,993) t3s,753
$4,203 121.552
3,t%
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3o%
BVo
7%
5%
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1A%
Estmet.dConfactTime (UstPdce)l0 GlrnwoodLlndCompany CoryellRanchCompany.LLC 11 1996 36.000.000 256.97 i23.319
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I have not specifically appraised water rights for the subject property. There may be more water
rights than is needed for irrigation. However, that is a special field and I have no current way of
knowing what use and how much has been historically used at the property.
The available utilities at each sale varied also. My main concern was with well water and
electric power at or near the site. I considered all relatively equal on that basis. While I
originally considered shape of the property as a general relative adjustment, I found most sites or
at least their usable part to be irregular and did not use this criteria. I did consider view as an
item for comparison, especially in relation to views of Mt. Sopris. This can be very subjective
and may be less meaningful for some properties. The usabilit), / topography or site conditions is
reflective of the perceived buildable land. Wetlands and steep hillsides restrictions were the
limitations considered.
The size comparison is difficult due to the variety of sales necessary for this assignment. This
considers that a larger parcel will generally sell for a lesser price/acre than a smaller parcel.
Thus, for a smaller comparable property that inherently should sell for more per acre than the
subject (assuming all is equal), I made a negative adjustment which is the attempt to equate the
comparable sale to the subject.
My comparison is on the basis of a price/acre based on comparable sales. Analysis did not
reveal what is generally true, i.e., that the fewer the number of acres in a parcel, the greater the
price/acre ofthat sale. While I did adjust for size of parcels, I did not necessarily find a direct
relationship in the price per acre paid for different size of parcels.
Typically, after adjustments are made, these sales are then rated according to the amount of net
and gross adjustments, total number of adjustments, and general correlation of value indications
for the subject. This suggests a weighting or general importance for each comparable sale. The
fewer the number and amount of adjustments generally indicate the better comparable sales.
This is not always the situation as the process for comparing unique properties is often more
subjective. As a result, the decision is often made at a "gut feeling" level rather than such a
methodical fashion or process. What appeals to one person is not what necessarily appeals to
another person. One sale in an area may affect the view or opinion of other sellers and buyers.
It can shift a whole market. As such, it is more difficult to prove specific quantitative
adjustments.
Relative Analysis
Because I was not able to empirically prove a percentage or dollar adjustment for line item
adjustments, I have rated the differences of the comparables to the subject with relative
adjustments. These adjustments are an indication of that adjustment from the comparable sale to
the subject property. It is intended to make the comparable sale equal to the subject property. A
positive adjustment indicates the subject property is superior to the comparable sale. Therefore,
some quantity is added to the comparable sale to attempt to better equate it to the subject
property. Likewise, if the subject property is inferior to the comparable sale, a negative
adjustment is made to the comparable sale to equate it to the subject property. Adjustments can
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be relative with only superior, equal, or inferior indicated. Also (+) and (-) 's give a relative
indication of value. A (+) is equivalent to the subject being superior to the comparable sale.
Likewise a (-) is equivalent to the subject being inferior to the comparable sale. If the amount of
general weight for each adjustment is indicated, it helps the reader to understand what the analyst
thought was the general amount of value placed on each adjustment. I have used (+) and (-)
adjustments with relative weight given by the number of (+; and (-) 's. In summary, at the end of
the chart is the net number of (+; and (-)'s along with a relative indication of value from each
comparable sale to the subject.
This indicates the overallrating of the strength of adjustment. The greater the number of pluses
or minuses for a particular comparable adjustment, the greater the amount of adjustment that was
made or indicated.
Comparable Sales Summary
In this section, I show the chart of comparable sales used and summarize information about the
locations used for the comparable sales and some information about the comparable sales.
Sales I and 2 are two parts of the same ranch that were contracted for at different times. The
property is located about a mile east of the subject and north of Highway 82. Perhaps half of the
land is usable due to the steep terrain of the north part of the property and due to some wetland
areas on the main part of the ranch. The buyer originally wanted to develop 400 or more
homesites on the property, but have settled at 68 sites in compliance with the comprehensive
plan study for this area. After a long time of discussion with governmental processes, the
property will not be part of an area wide sanitation district. The sale of the property has not
closed yet, but with development having just recently been approved by the Garfield County
Commissioners, it is expected to close by September 27,2000.
Sale 3 is the second purchase by Mr. Hite of a few parcels. The intent appears to not develop the
land. The sale is of 107 acres from Bob and Wanda Nieslanik for $2,000,000. This represents
the one of the best comparable sales for the subject site. This included some favorable owner
financing and a couple of cabins that Mr. Hite valued at $50,000. This land extends to the
Roaring Fork River, has a high water table, and is extensively irrigated by the former owner.
The seller leased the land back for a nominal sum for several years. Each party to this
transaction stated that the other one set the price. Considering the candor from the buyer, it is
my opinion that it was set by the seller. An access easement from Road 100 was given on
neighboring land if the property were to be developed. Otherwise, Blue Heron Lane (developed
lane / road from Road 100) was usable for agricultural purposes only.
Sale 4 is about half of another working ranch located two miles north of the subject. The buyer
has constructed considerable horse riding facilities on the property. The sale was to originally be
for half of the ranch as one sibling wanted out. The original deal included the main house, but
not a nearby barn with apartment(s). The other sibling agreed to include 10 of her acres and the
barn/apartment for a lesser price/acre to help make the sale occur. She also leased back the
apartment, at no rent for a period of time, as part of the compensation for her willingness to sell.
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This land is mostly hay and pasture land with water rights. However, no water streams or ponds
appear to be located on the property. Reportedly, the half without improvements was to have
been sold at $12,000iacre.
Sales 5. 7. and 8 are split from one parcel and sold to three different buyers. The base pricelacre
was estimated from an appraisal done by Bill Gray, MAI. The property was not listed on the
open market. The buyers of sale 8 thought they were buying the whole property, but the seller
had been negotiating with the other two buyers of sales 5 and7, Sale 5 has the ranch house and
buildings located on it. While the original appraisal considered only the land value, it is my
opinion that the buildings have value in addition to the land value and should be considered in
the value of the property. The buyer has indicted to the seller (who is leasing back the buildings
and 12 acres) that he does not intend to develop the land for at least five years. Sales 7 and 8
have indicated development of those properties with large single family homesites and have
started the development process with Garfield County. In general, the land has been used as hay
crop land and grazing. The overall sites are characterized by large irrigated hay fields and the
remainder of the property is intermixed with groves of cottonwood trees and grass pasture.
Ponderosa pine and spruce trees are scattered throughout the tree masses. Sales 7 and 8 extend
to the Roaring Fork River and at one point to the north bank of the river. Two larger irrigation
ditches flow through the property delivering water to downstream users. Smaller lateral ditches
wander through the properties to irrigate the larger fields. Some areas of these properties will
probably be identified as wetlands. The zoning and comprehensive plan are the same for this
property as for the subject.
Sale 6 is a lowland property that was purchased by the Town of Carbondale. The main part of
the site has considerable water on the land, making much of it wet. There are also two ponds on
the property used for drainage from properties above. The sale also included a sliver of land at
the top of the hill that had value to the neighboring property. For my analysis, I reduced the land
size to the main site size and pulled an estimated value for the upper site out as an adjustment.
Additionally, the seller made additional concessions for studies needed to be done.
Sale 9 is most of the Blue Creek Ranch that is located across Road 100 from the subject. This
property is currently under contract at an undisclosed price. The listing price is $4,995,000.
When pressed, the listing agent indicated a price considerably above $4,000,000. I made a -l5oh
adjustment for the listing. This property includes considerable building improvements for the
ranch operation, including the main ranch house (at almost 6,000 SF). The site also has a pond
of about one acre in size on the property. Like the subject, it has Blue Creek running through the
property as well as other ditches. Much of the south part of the site is like the subject. However,
in addition, the north part of the site is irrigated hay / pasture land, that is more readily and easily
developed than the more fragile treed and more heavily watered part of the site. This is a good
comparable for the subject. However, it is a listing under contract that has not closed and the
buyer is still in the due diligence period. The price/acre of this property is significantly higher
than any other sale in this area (and report). Perhaps having a working ranch, set up with
buildings, adds significantly more value than only the depreciated improvement value and I or a
significant variety of land and vegetation and water has much greater appeal than other
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properties that are more open from view from the road.
Sale 10 is one of three larger ranch properties that were purchased by one group and marketed to
three separate groups at a doubling of price. This property is the most similar one to the subject
of the three ranches. I have added it as an additional comparable because of the disparity
between sale 9 and the other sales. Additionally, the property has considerable appeal due to the
water on the property and its proximity to the Aspen Glen development. Sale 10 was purchased
by the developers of the adjoining Aspen Glen private golf course community. There is
considerable water on this property that includes ponds. Plans are complete for limited homesite
development in a more exclusive setting as well as some upper priced lots that are more
afficrdable, without the access to the property's other amenities. Considering the subject's
topography and other environmental conditions, this may represent one of the more comparable
sales and perhaps should have been considered as one of the original main comparable sales.
I have historically found that sales prices of properties in the general Road 100 area east of
Carbondale have been higher than many other comparable areas.
SALES COMPARISON ANALYSIS SUMMARY - PRICE/ACRE
In this section, I show the chart of comparable sales used and summarize some of the
information about the comparable sales in the narrative text.
The analysis of comparable sales is in a prrcelacre basis. While the Land Sales Adjustment Grid
demonstrates the analysis of each comparable sale, I have drawn two additional graphs to
analyze the results of that analysis. While I do not show the graphs in this report, I summarize
that information as my analysis. In one graph, I draw a continuum line of the sales on a
prrcelacre basis that demonstrates the relative value of the subject in relation to each comparable
sale. This yields a series of values that suggests where the value of the subject should be in
relation to the groupings of comparable sales. The other graph is an x,y graph with priceiacre on
one axis and the number of acre on the other axis.
Sales Comparison Analysis - Continuum Line
All but one of the sales suggest a value greater than their time adjusted sales prices. Initially,
this suggests that:
o The value of the subject should be significantly greater than about: $14,000/Acre. The value of the subject should be much greater than about: $14,000 to
$19,000/Acreo The value of the subject should be somewhat greater than about: $20,000/Acre
$22,000lAcre. The value of the subject should be greater than about: $28,000/Acre. The value of the subject should be somewhat less than about: $40,000/Acre
On the adjustment grid are the net * and - adjustments. As a rough analysis, I translated these to
a percent using 10Yo for each net * or -. This translates the suggested value for the subject to a
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range of value of about $23,000 to $31,000 for the comparable sales that suggest the subject is
superior to them. Likewise, the suggested value for the subject from the comparable sale that
suggest the subject is inferior to it is in a range of $28,000 to $3 1,000 depending on the
mathematical method of calculation.
In summary, in applying the adjustments to the time adjusted sales prices, the three groups of
comparables suggest values as follows.
$23,000 to $31,000
$26,000 to $30,000 and
$29,000 to $31,000.
Most sales suggest a value from $26,000 to $3 1,000 with one upper sale/listing at $28,000 to
$31,000. Values have been increasing over the last several years. Considering middle
weighting, considering both upper and lower values, and considering the increasing market
suggests the market value of the subject in a range from $28,000 to $30,000.
Using relative adjustments does not allow for as much fine tuning as quantitative adjustments.
Based on this analysis, I suggest a value based on this middle range of $28,000 to $30,000/acre
as follows.
Land Size 85.581 acres @ $28,000/acre :
Land Size 85.581 acres @ $30,000/acre
$2,396,268, rounded to $2,400,000
$2,567,430, rounded to $2,600,000
Sales Comparison Analysis - x,y Graph Analysis
As a secondary analysis, I use a graphing analysis on a price/acre basis. While I have found this
analysis useful in difficult assignments, the analysis done by this method was not as conclusive
as in the continuum line analysis.
In that graph format, I begin each comparable sale used at the time adjusted price/acre point.
From that point, I adjust the sale price by the net (+) or (-) adjustment with a series of arrows up
or down to the indicated price/acre for the subject. Using lines to show the relative curve of the
indicated values and intersecting with the line for the number of acres at the subject,
demonstrates the probable range of value for the subject property.
After the adjustments are made, the analysis suggests the overall range of value for the subject
property is in a range from about $18,000 to $24,000 on the low end and the one listing/sale
across Road 100 at about $37,000. There appear to be considerable variables that do not lend
themselves to necessarily an objective analysis. Many of the lower range suggest a value in the
$23,000 to $25,000lacre range. The upper sale suggests a value near $37,00}lacre. From this
analysis, there is considerable disparity amongst the comparable sales. Applying a weighting
factor to these withT0o/o for the lower multiple grouping and3Oo/o for the most nearby
comparable sale indicates a value of $27,900/acre, rounded to $28,000.
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The two graphing analysis correlate and suggest a value for the subject based on the continuum
line in a range of $28,000 to $30,000lacre and on the x,y graph at $28,000. From this analysis, I
suggest a value based on the middle of the range at $29,000iacre as follows.
Land Size 85 581 acres @ $29,000/acre : $2,481,489, rounded to $2,500,000
RECONCILIATION AND VALUE CONCLUSION
The sales comparison approach is the only approach used in this appraisal. I used different
analyses that included a qualitative chart analysis and two graphing analyses offof this chart.
Those analyses indicate a value for the subject property in a wide range of value of about
$2,200,000 to $2,600,000 based on $26,000 to $30,000/acre and a closer range of value of
$2,400,000 to $2,600,000 based on $2g,000 to $30,000/acre.
To further emphasize the fickleness of a buyer for this type of unique property, I digress to the
listing and purchase of this property in 1989. While the property was listed and did sell for
$1,000,000 at that time, in confirming the sale at that time, the listing agent told me that had the
buyers not contracted for the property, that the listing price would have increased to $1,800,000
and he had a party interested in that price area. However, the seller had signed the contract for
the $1,000,000 and we never found out if the higher listing price would have concluded with a
sale at a much higher price than the actual sales price.
Considering all of the analysis, it is my opinion that a reasonable supportable value that would
have been achievable for the subject property, were it on the market at the appraisal date is
$2,500,000. Based on the overall appraisal analysis, it is my opinion that the market value of
the subject property as defined in this appraisal as of May 27 , 2000 is TWO MILLION FwE
HUNDRED THOUSAND DOLLARS (52,500,000).
INDICATED EXPOSURE TIME and ESTIMATED MARI(ETING TIME:
The market has been strong for development properties in the Glenwood Springs area. Some of
the demand has been from speculators clothed in developer's skin. The next price level has been
raised significantly by these investors. As a result, the real developers have attempted to push
retail end prices and maximize density to the limit. As a result of this type of interaction, it has
been difficult to observe real marketing times of properties as some of the properties are not
actually "listed". Based on a general observation and not from specific property sales, it is my
opinion that the improved property sales indicate that the exposure time (i.e., the length of time
the subject property would have been exposed for sale in the market had it sold at the market
value concluded in this analysis as of the date of this valuation) would have been between about
6 to 12 months. The market does not appear to have slowed down over the past several years.
However, several projects are either on line or near coming on line for construction. It is
difficult to say if this would change the marketing time or if land is available for additional
product to compete with the subject. I estimate the marketing time (i.e., the amount of time it
would probably take to sell the subject property if exposed in the market beginning on the date
of this valuation) to be similar to the exposure time or about 6 to 72 months.
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ADDENDUM
Qualifi cations of Appraiser
Water Rights
Legal Description
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BAIER APPRAISAL SERVICES
REAL ESTATE APPRAISERS . CONSULTANTS
OUALIFICATIONS OF'BRUCE O. BAIER. MAI
E)(PERIENCE
Licensed Real Estate Salesman in Indiana, 1972-1974
Colorado Real Estate Salesman's License 1974 - Present
Started Baier Appraisal Services in Glenwood Springs, 1974
Instructor, Coloi'ado Real Estate Appraisal I, 1978 ina Dlg
#7243
.r\D rJegree, lnolana unlverslty. lyoy
Coursef from The American thititute of Real Estate Appraisers include
Course lA, Basic Principles, Methods and Techniques, August,1974
Course I B, C apit al izatton Theory and Techni q ues,' Maic h,"l 97 5
Course II, Urban Properties: Application of Appraisal Theory and
Techniques, June, 7917
Standards of Professional Practice, 7982
Course 10, Market Analysis, June, 1984
Seminar on Market Ana[ysis, August, 1976
Seminar on Feasibility Analyii s, K,Iarch, 197 7
Seminar on Business Valuation, October, 1980
Computer Seminar, Marshall Swift, 1985
Electronic Spreadsheet Analysis Seminar, 1985
Valuation of Syndicated Reil Estate Seminar, 1986
Assembling the Appraisal Package Seminar, 1986
Seminars 6n Ral6'and R4lc, 1986/1987
Standards of Professional Practice Uodate. 1987
Seminar on Eminent Domain Litigatibn, 1988
Seminar on Rates, Ratios, and Reasonableness, 1988 and 1999
Seminar on Eminent Domain Litigation, 1990
Seminar on Persuasive Stvles in Narrative Aonraisal Reoorts- 1990
White Paper Presentationi on Economic Basi:'Analysis,'shopping Centers, Location
Analysis, and Subdivision Analysis, 1990
199I - 1996 Numerous Additi6nai Appraisal Seminars
Courses from The Appraisal Institute'include.
Advanced Sales Comparison and Cost Approaches, 1993
Fair Lendins and the- Anoraiser
Standards oT Professiondl'Practice, Part C, lggT
APPRAISAL CLIENTS HAVE INCLUDED
4lpine _Buq\ and Trust, Glenwood Springs, Colorado
Colorado National Bank
Mesa National Bank
Bank of Colorado - Western Slope.
Federal Deposit Insurance Corpofation
Federal Home Loan Bank Board
Garfield County, Colorado
City of Glenwood Springs, Colorado
Town of Carbondale, Colorado
3O2 EIGHTH STREET, SUITE 2rO
P.O. BOX 2347
GLENWOOD SPRINGS, COLORADO 8I602
(97O) 945-9440 FAX: (97o) 945-14A7BRUCE O. BAIER, MAI
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EXHIBIT 'B'
Exhibjt'B' to that certain Exc'lus'ive Right-to-Sei1 Listing Contract (Farnr and
Ranch/Vacant Lanci) ciateci April L7, 1989, between GERIRUDE [. pEET, Scller, anci
MS0N & MORSE, INC., Broker.
All water anci ciitch rights appurtenant to or useci in conn'ection with'Lhe realplgperty c.iescribeci incluciing, wi'thout lirniting the genera'lity o'F'the foregoing, a3l/66 interest,'in the aggregate, in the Sell6r's right, tiiie, anci inter6st inanci to Lower Dr"l-ch #21, uncier priority No. 23; anci f'ficicije D.itch //68, uncierpriority No. 83; a ?7/38 interest in the Seller's night, titie anci jnterest in ancito l4icicile Di'tch {98,. anci a 39/76 interest in the SelTeris 1ight, tit1e, anci .intenest
in.anci to Lower Djtch /121, together wi'th easements across laicis owneri by the seif ei,anci to the extent trecessary to ntaintain irriga'tion <iitches, ga'Les, anci to use existinglatera'ls to transport r"Jater
HtTIAL HLlil:r;z, ---'!
l.<11-> Iri.+i
L..gAil
INITIAL HENE
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LEGAL DESCRIPTION
KNOW ATL MEN BY THESE PRTSENTS:
THAT ThE ST. FINNBAR FARM LANO COMPANY IS
THE OWNER OF THAT REAL PROPERTY SITUATED IN LOTS 6, 12.
1f, AND 19 OF SECTION 31, TOS/NSHIP 7 SOUTH, RANGE 87 WEST,
OF THE SIXTH P.M., GARFIELD COUNry, COLORADO, SAID PROPERTY BEINC
MORE PART]CULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A REBAR
AND CAP L.S. 19598 IN PLACE, YTIENCE IHE \YITNESS CORNER STOi'IE TO
THE NORIHEAST CORNIR OF SAID SECTION 31 BEARS N 4I'08'04" I. J2O3.O6
FEET; THENCE S 11'37'27' W, 1J04.69 FEET TO A REBAR AND CAP L.S. #107J2
rN PLACE; THENCE S 23'40'24'w,80.58 FEET TO A REBAR AND CAP L.S. #19s98
lN PLACE; THENCE S 36'04'45- w,85.16 FEET TO IHE CENIERLINE OF THE ROARING
FORK RIVER; THENCE THE FOLLOIIING EIGHT (8) COURSES ALONG SAID CENTERLINT
OF RIVER: N 65'57'JO" W,56.75 FEET; IHENCE N 63'59'48" W 319.32 FEET;
THENCE N 66'50'18" w, 203.19 FEET; THENCE N 75'33'21" w, 272.62 FEET;
THENCE N 8425'20' w. 257 22 FEET: THENCE N 87'41'19" w. 22J.18 FEET;
THENCE N 68'3O'J5" W,.146.12 FEET; THENCE N 65'59'25'W, 120.15 FEET; IHENCE
LIAVING SAID CENTERLINT N 00'30'00" w, 2JJ 20 FEET TO A BRASS CAP; THENCE
S 88'31'40" \t,499.89 FEET; THENCE N 00'00'31" t, 1275.09 FEET TO A REBAR
AND CAP L.S. #19598 lN PLACE; THENCE N 89'11'07'8,471.33 FEET (DEED - 471.38)
TO A REBAR AND CAP L.S. #19598 lN PLACE: THENCE N OO'O0'18" E.262.99 FEEr
(O[EO = 262-17) TO A REBAR AND CAP L.S. #19598 lN PLACE; THENCE S 76'47'40' E,
10J8.7J FEET TO A REBAR AND CAP L.S #19598 lN PLACE: THENCE S 1f,'12'20" vt.
120.00 FEET TO A REBAR AND CAP L.S. #19598 lN PLACE; THENCE S 8l'01'17'E.
2A592 FEET TO A REBAR AND CAP L.S #1 9598 lN PLACE; THENCE S 41'30'29" t
89 74 FEET TO A REBAR AND CAP L S. #19598 rN PLACE: THENCE S 62'48'46" E,
375 98 FEEI TO A REBAR AND CAP L S #19598 lN PLACE; THENCE S 77'44'52" E.
11709 FIET TO A REBAR AND CAP LS. #19598 lN PuACf; IHENCE S 72'41'32" E.
1J6.f4 FEET TO THI POINT OF EEGINNING. SAIO PARCEL CONTAINS 85.581 ACRIS,
MCRI OR LESS.