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HomeMy WebLinkAbout04.0 Domestic Water System Operating Agreement111111111111111111 11111 1111111111111111 111 111111111 IIII 81213 P563 M ALSDORF 1 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO WHITECLOUD RIDGE DOMESTIC WATER SYSTEM OPERATING AGREEMENT THIS AGREEMENT is made this /4/441 day of P Pew , 1997, by and between THOMAS W. LEVITT and MOLLY G. LEVITT (hereinafter "Developer"); the WHITECLOUD RIDGE HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation (hereinafter the "Association") and THE 1993 THOMAS W. LEVITT FAMILY TRUST (hereinafter the "Trust"). RECITALS 1. Developer is the owner of the real property which is described on Exhibit A attached hereto and incorporated herein by this reference and which is being developed by Developer as a subdivision in Garfield County, Colorado, known as Whitecloud Ridge Subdivision (hereinafter "Whitecloud Ridge"). 2. The Association is the homeowners association which the Developer has or will cause to be organized in accordance with Colorado law to be and constitute the homeowners association to which reference is made in the Declaration of Protective Covenants for Whitecloud Ridge Subdivision (hereinafter "Declaration"). All owners of lots within Whitecloud Ridge will automatically become members of the Association as provided in the Declaration. 3. The Trust is the owner of the real property described on Exhibit B attached hereto and incorporated herein by this reference (hereinafter "Trust Property"). The Trust Property is contiguous to Whitecloud Ridge. 4. Developer has acquired certain water and water rights, wells and well permits, and a water allotment contract with the Basalt Water Conservancy District (hereinafter collectively the "Water Rights") which are described in paragraph 1 of this Agreement and which are sufficient to provide the physical and legal supply of water for up to fifteen (15) single family dwellings within Whitecloud Ridge and to potential development of up to eight (8) single family dwellings on the Trust Property or other allowed property as provided herein together with the physical and legal supply of water for limited outside irrigation and livestock watering. 5. Developer desires to construct a water storage tank and water transmission lines which, by appropriate use of the Water Rights, can serve as the domestic water delivery system to Whitecloud Ridge. By appropriately sizing the water storage tank and certain of the transmission lines, potential future development on the Trust Property or other allowed property as provided herein may also make use of said water delivery system. 6. The wells are located upon the Trust Property and the most appropriate location for the water storage tank is upon the Trust Property. PC-AtjC h- Lawrence R. Green P.O. Drawer 790 8i Glenwood Springs, CO 1111111111111111111111111111111111111111111111111111111 571158 10/20/2000 03:09P 61213 P564 M ALSDORF 2 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO 7. The parties have reached agreement with respect to the location, construction, ownership, use and maintenance of the Water Rights and the water delivery system and wish to set forth their agreement herein. NOW, THEREFORE, in consideration of the foregoing facts and the mutual promises and covenants contained herein, the parties agree as follows: 1. Description of Water Rights. Developer is the owner of the following wells: a. Levitt Well No. 2, having well permit no. 047395-F, issued by the office of the State Engineer, Colorado Division of Water Resources on October 11, 1996; and b. Levitt Well No. 3, having permit no. 047394-F, issued by the office of the State Engineer, Colorado Division of Water Resources, on October 11, 1996. Developer is also the applicant and contract allottee under Basalt Water Conservancy District contract No. 269 awarded to the Developer by order approved and entered by the Board of Directors of the Basalt Water Conservancy District on April 8, 1996. 2. Construction of Water System. Developer shall, at his expense, construct the water storage tank, water transmission lines, wells and associated pumping facilities (hereinafter collectively the "Water System"), in accordance with the plans and specifications submitted to and approved by Garfield County and the Colorado Department of Public Health and Environment and in accordance with the terms and conditions of a Subdivision Improvements Agreement to be executed by and between the Developer and Garfield County (hereinafter the "SIA"). Developer agrees that the Water System shall be constructed of sufficient size to provide domestic water service to Whitecloud Ridge as approved by Garfield County and to up to eight (8) single family dwellings that may be developed on the Trust Property or other allowed property as provided herein. 3. Transfer of Water System. a. Water Rights. No later than thirty (30) days after Developer's completion of the Water System in accordance with the SIA, Developer shall transfer, convey and assign to the Association, by appropriate documents of conveyance, an undivided 15/23rds interest in and to the Water Rights, provided that with respect to the existing Basalt Water Conservancy District contract, Developer shall either assign an undivided 15/23rds interest therein to the Association, or, at the election of Developer, bifurcate the existing contract with the Basalt Water Conservancy District into two new contracts, with one being in the name of the Association in an amount of water equal to 15/23rds of the amount of water in the existing contract. All costs associated with bifurcating said contract and obtaining a new contract in the name of the Association shall be the responsibility of Developer. Developer shall thereafter, at a time to be mutually determined by Developer and the Trust, but in any event prior to the approval of any development on the Trust Property, transfer, convey and assign to the Trust, by appropriate documents of conveyance, an undivided 8/23rds interest in and to the Water Rights, provided that with respect to the existing Basalt Water Conservancy District contract, Developer shall either assign an undivided 8/23rds interest therein to the Trust, or, if the contract has been bifurcated, obtain a separate Whitecloud Ridge Domestic Water System Operating Agreement Page 2 uniii 11111 111111 11111 111111 11111 11111 111 11111 1111 1111 571158 10/20/2000 03:09P 51213 P565 M ALSDORF 3 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO contract in the name of the Trust in an amount of water equal to 8/23rds of the amount of water in the existing contract. Notwithstanding anything in this Agreement to the contrary, the interest in the Water Rights to be transferred to the Association pursuant to this subparagraph shall include all rights thereunder to livestock watering and all rights thereunder to outside irrigation except for the right to irrigate up to 12,000 square feet of lawns and gardens, which shall be included within the interest in the Water Rights to be conveyed to the Trust under this subparagraph. b. Easements for Facilities. The wells are located upon the Trust Property at the locations set forth on Exhibit C which is attached hereto and incorporated herein by this reference. The water storage tank will be located on the Trust Property at the location described on Exhibit C. Water transmission lines will be installed from the wells to the water storage tank and then from the water storage tank to Whitecloud Ridge along the courses described on Exhibit C. By its execution hereof, the Trust hereby authorizes Developer to construct the elements of the Water System upon the locations described on Exhibit C. Additionally, no later than thirty (30) days after completion of the Water System as required by the SIA, the Trust shall execute its deed of easement conveying to the Association perpetual, non- exclusive easements for the purpose of constructing, installing, maintaining, repairing, replacing and improving the wells, water storage tank and water transmission lines at the locations described on Exhibit C, reserving, however, to the Trust and its successors and assigns the right to make connection to said lines and facilities as provided with this Agreement. Said deed of easement shall also include a perpetual, nonexclusive right of access to such wells, water storage tank and water transmission lines for purposes of operation, maintenance, repair, replacement and improvement of such facilities. Said access shall be along the route described on Exhibit C. c. Water Transmission Lines, Water Tank, etc. Simultaneously with delivery of the deed of easement required by paragraph 3(b) hereof, Developer shall execute and deliver a bill of sale conveying to the Association an undivided 15/23rds interest in and to all physical facilities constituting the Water System free and clear of any lien, debt or encumbrance. At a time mutually determined by Developer and the Trust, but in any event prior to the approval of any development on the Trust Property, Developer shall execute and deliver a bill of sale conveying to the Trust an undivided 8/23rds interest in and to all of the physical facilities constituting the Water System free and clear of any lien, debt or encumbrance. 4. Operation of Water System. From and after the date of the transfer to the Association of all aspects of the Water System and the Water Rights as provided in paragraph 3 hereof, the Association shall be responsible for the operation, maintenance in good condition, repair, replacement and improvement of the Water System, the establishment and collection of rates and charges from users of the Water System, the adoption, amendment and enforcement of Water System Rules and Regulations, and the maintenance and preservation of the Water Rights (collectively the "Administration of the Water System"), provided that the Association's Administration of the Water System shall not include the responsibility to maintain or pay any charges associated with any Basalt Water Conservancy District contract which is not from time to time owned by or issued in the name of the Association. The Association shall diligently perform the Administration of the Water System as the domestic water system for all users of the Water System in order that all users of the Water System have adequate and functional water service and in accordance with the water rights owned by the Association, the applicable Basalt Water Conservancy District contract or contracts, the Declaration, the provisions of this Agreement, and Whitecloud Ridge Domestic Water System Operating Agreement Page 3 1 111111 11111 111111 11111 111111 11111 11111 111 11111 1111 1111 571158 10/20/2000 03:09P 81213 P566 M ALSDORF 4 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO all applicable laws and regulations of the State of Colorado and its agencies. The Association shall have the authority to adopt, amend and enforce Water System Rules and Regulations which may include any provisions not in conflict with the laws of the State of Colorado which are reasonable and necessary to enable the Association to efficiently and cost effectively perform the Administration of the Water System. Without limiting the generality of the foregoing, it is specifically understood and agreed that the Water System Rules and Regulations may (i) establish rates and other charges; (ii) establish Water System material and construction standards and specifications; (iii) require water meters; (iv) require water conservation measures for water delivered from the Water System; (v) authorize the Association, when necessary during times of water shortage, to limit use of water delivered from the Water System for in house use and limit or completely stop use of water delivered from the Water System for outside irrigation and/or livestock watering purposes, provided that such limitations shall be on a uniform basis for all users of the Water System; and (vi) establish procedures for the cessation of water service upon the failure by a user of the Water System to pay amounts due or otherwise comply with the Water System Rules and Regulations and for the restoration of service upon subsequent payment and compliance. The rates and charges to be established by the Association may include service and other fees for the use and availability of the Water System, provided that such rates and charges shall be established so as to allow the Association to collect from the users of the Water System all actual and anticipated costs incurred by it in performing the Administration of the Water System. Rates may also include contributions for the establishment and maintenance of a reserve fund for capital improvements, replacements or repairs to the Water System. Under no circumstances shall the rate structure be established so as to allow the Association to derive a profit from the Administration of the Water System. Fui thermore, the rate structure shall not discriminate among users of the Water System or fix different rates among users of the Water System unless such differences are directly related to different or increased costs incurred by the Association in providing service to any such user. Upon the proper assessment thereof, and until paid, all fees and charges for water service shall constitute a lien upon and against the property receiving service as specifically provided in the Declaration or any subsequently recorded declaration of protective covenants or similar instrument concerning all or any part of the Trust Property or any other property which utilizes the Water System as herein allowed. 5. Ownership and Use Rights of the Trust. Upon completion of the transfer of the Water System and the Water Rights to the Association and the Trust to be made pursuant to paragraph 3 of this Agreement, the Association and the Trust will own the Water System and the Water Rights as tenants in common, with the Association owning an undivided 15123rds interest and the Trust owning an undivided 8/23rds interest. Each 1/23rd interest in the Water System and the Water Rights owned by the Trust shall be referred to herein as a "Tap", provided that the Trust may replace water rights under any Basalt Water Conservancy District contract with equivalent water rights. Each such Tap shall consist of the right to connect to the Water System and receive domestic water service for one (1) single family dwelling, including the irrigation of no more than 1500 square feet of lawn and garden, subject to all the terms and conditions of this Agreement. Any development which occurs on the Trust Property or other allowed property as provided herein shall have the right to acquire and activate the Taps owned by the Trust subject to the following provisions: a. Ownership of Eight Taps. The parties agree that the Water System will be designed and constructed so as to have the ability to service the eight (8) Taps owned by the Trust and that such Taps may be used by any development on the Trust Property or other allowed property as provided herein. Whitectoud Ridge Domestic Water System Operating Agreement Page 4 1111111 11111 111111 11111 11111111111 11111 111 11111 1111 1111 571158 10/20/2000 03:09P B1213 P567 M ALSDORF 5 of 19 R 95.00 0 0.00 GARFIELD COUNTY CO The Association, on behalf of itself and its constituent members, hereby agrees that it shall provide service for such eight (8) Taps subject to the terms and conditions of this Agreement and further agrees that it will not object to any development proposal for the Trust Property containing no more than eight (8) single family dwellings. b. Conveyance of Taps. In connection with the approval from time to time by Garfield County of any development on the Trust Property or any other allowed property as provided herein which will utilize the Water System, the Trust may transfer, convey and assign, by appropriate documents of conveyance to or for the benefit of such dwellings, lots, or development, one Tap for each dwelling which will receive service from the Water System. Such Taps may be retained by the Trust or transferred either to a homeowners association whose members will consist of the owners of lots which will utilize the Taps or directly to the individual lot owner(s). Provided that the owner of such Tap can demonstrate to the reasonable satisfaction of the Association that such owner has adequate legal water rights to support such Tap or has furnished the Association with such rights, the Trust or any transferee of a Tap shall have the right to connect to the Water System and receive service therefrom (hereinafter the "Activation of a Tap"). Effective upon the Activation of a Tap, the owner of the Tap shall be deemed a "user of the Water System" hereunder and shall receive water therefrom as provided in this Agreement. For as long as any transferee of a Tap owns such Tap, such transferee shall be deemed to be a successor to the Trust under this Agreement, with all the rights of, and subject to all the conditions applicable to, a party to this Agreement. c. Responsibiiityfor Extension of the System. Any extension of water delivery lines and any additional pumps, meters and other equipment to provide water service from the Water System to dwellings on or lots created from the Trust Property or any other allowed property as provided herein shall be installed at the expense of the developer of such dwellings or lots and shall thereupon be considered part of the Water System. Upon completion of such construction, said facilities shall be transferred to the Association by an appropriate instrument of conveyance and free and clear of any lien or encumbrance. d. Other Allowed Property. From time to time the Trust may utilize or transfer one or more of its Taps to or for the benefit of any dwelling, lot or development on property other than the Trust Property which is located in the Fs st one-half of the Southwest one-quarter of Section 28, Township 7 South, Range 87 West of the 6th Principal Meridian in Garfield County, Colorado, provided that any such transfer shall be made by written instrument which shall be recorded in the records of Garfield County and which shall be executed by the transferee accepting the transfer and acknowledging that such transferee and the legally described tract of land which will be provided service pursuant to such Tap will be subject to all the terms and provisions of this Agreement. Such instrument must be in form reasonably satisfactory to the Association, and a copy of the recorded instrument shall be provided to the Association. e. Financial Responsibility and Ownership Before and After Tap Activation. Until the Activation of a Tap by the Trust or any transferee of one of the Trust's Taps, neither the Trust nor any such transferee shall have any responsibility for the Administration of the Water System (and upon such Activation of a Tap, neither the Trust nor any such transferee shall be charged for or in connection with any then unactivated Tap), except that the Trust or any other owner of a Tap shall be responsible for payment for its respective assigned shares or bifurcated portions of the applicable Basalt Water Conservancy District contract. (Notwithstanding the foregoing, the failure to pay, loss or lapse of all or Whitecloud Ridge Domestic Water System Operating Agreement Page 5 111111111111111111111111111111111111111 111 1111111111111 571158 10/20/2000 03:09P B1213 P568 11 ALSDORF 6 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO any part of a bifurcated Basalt Water Conservancy District contract issued to the Trust or any transferee of any of the Trust's Taps shall not constitute a default hereunder, but the Association may require that as a condition to initial or continuing service from the Water System, the owner of a Tap demonstrate to the reasonable satisfaction of the Association that such owner has adequate legal water rights to support such Tap or has furnished the Association with such rights.) Upon the permitted transfer of a Tap by the Trust or a transferee of a Tap belonging to the Trust hereunder, the transferor shall be released from any responsibility whatsoever for any costs or charges as a user of the Water System accruing in connection with such Tap after the date of transfer. Notwithstanding anything to the contrary contained herein, from and after the Activation of a Tap, such Tap (and the corresponding rights and obligations hereunder) shall be appurtenant to the fee simple title to the tract of land (or any portion thereof designated by the owner of the Tap at the time of Activation of the Tap) upon which is situated the dwelling receiving water service pursuant to such Tap. The owner of the fee simple title to such land shall automatically be the owner of such appurtenant Tap, and such Tap shall automatically pass with fee simple title to such land. 6. Insurance; Indemnification; Waiver of Subrogation. The Association shall fully indemnify, defend and hold the Trust, its Trustees, beneficiaries, agents and employees, harmless from all losses, costs, expenses and liabilities and every demand or claim or assertion of liability, or any claim or action founded thereon, arising or alleged to have arisen out of the ownership, use or non-use of the Water System or any act or omission in connection with the Administration of the Water System. The Association shall at all times maintain comprehensive general liability insurance with a responsible insurance company reasonably satisfactory to the Trust, properly protecting and indemnifying the Trust with combined single limit coverage in an amount reasonably satisfactory to the Trust, but not less than $1,000,000.00 per occurrence, covering all risks associated with the ownership and use of the Water System and the Administration of the Water System. The Trust shall be named as an additional insured on such policy, and the Association shall furnish the Trust with a certificate or certificates of such insurance, so naming the Trust and providing that such insurance cannot be terminated or amended to reduce the scope or amount of coverage except with ten (10) days prior written notice to the Trust. The Association hereby releases the Trust from any and all liability or responsibility to the Association or anyone claiming through or under the Association by way of subrogation or otherwise for any loss or damage to property which is or could be covered by "all-risk" or other property damage insurance, even if such loss or damage is caused by the fault or negligence of the Trust or anyone for whom the Trust may be responsible. The Association covenants that any insurance it obtains respecting the Water System or the Administration of the Water System shall contain an appropriate provision whereby the insurance company or companies consents to the release of liability and waiver of subrogation contained in this paragraph. 7. Relinquishment of Rights to Water System. If either the Association, the Trust or any other user of the Water System should ever desire to relinquish its rights in and to the Water System, it may do so by ceasing all use of the Water System and by conveying its interest in the Water System, the Water Rights and this Agreement to the Association or pro rata to the other users of the Water System for Whitecloud Ridge Domestic Water System Operating Agreement Page 6 1 111111 11111 111111 11111 111111 11111 11111 1111111111111111 571158 10/20/2000 03:09P 81213 P569 M ALSDORF 7 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO nominal consideration. Upon the execution and delivery of appropriate documents of conveyance, the relinquishing party shall lose all of its interest and rights in and to the Water System and this Agreement, shall no longer be considered to be a party to this Agreement, and shall also be absolved of any further responsibility with respect to the Administration of the Water System, except for previously accruing obligations. In the event that alternative municipal water service becomes available to the users of the Water System, ownership, operation and control, or management of the Water System may be turned over to the provider of such alternative municipal water service upon such terms and conditions as may be unanimously approved by the Association and the owners of the Taps belonging to the Trust hereunder. 8. Default, Remedies. a. Events of Default. The following shall be deemed to be an event of default by a party ("Event of Default"): If any party shall fail in the performance of or compliance with any of the covenants, agreements, terms or conditions contained in this Agreement and such failure shall continue for a period of thirty (30) days after written notice thereof from a nondefaulting party to the party failing to perform or comply, specifying in detail the nature of such default, or, in the case of a nonmonetary default which cannot with due diligence be cured within such thirty (30) day period, if said party fails to proceed promptly and with all due diligence to cure the same and thereafter to prosecute the curing of such failure with all due diligence (it being intended that in connection with a failure not susceptible of being cured with due diligence within thirty (30) days that the time within which to cure the same shall be extended for such period as may be necessary to complete the same with all due diligence, but in no event longer than ninety (90) days); b. Remedies. Upon the occurrence of an Event of Default by any party hereunder which is not cured within the time period permitted, a non -defaulting party shall be entitled to: i. Specific performance of the defaulting party's obligations hereunder and injunctive relief, as applicable, under the laws of the State of Colorado. ii. Demand payment of all amounts due the non -defaulting party under the terms of this Agreement, and demand the payment of all costs, damages, expenses and reasonable attorneys' fees of the non -defaulting party due to said default; iii. Remedy any Event of Default, and in connection with such remedy, the non -defaulting party may pay all expenses and employ counsel, and all sums so expended or obligations incurred by said party in connection therewith shall be paid by the defaulting party to the nondefaulting party upon demand, and on failure of such reimbursement, the nondefaulting party may, at its option, deduct all costs and expenses incurred in connection with remedying an Event of Default from the next sums subsequently becoming due to said defaulting party under the terms of this Agreement; and iv. No remedy herein conferred upon or reserved to a party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be Whitecloud Ridge Domestic Water System Operating Agreement Page 7 111111111111111111111111111111111111111 111 111111111 1111 571158 10/20/2000 03:09P B1213 P570 M ALSDORF 8 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any breach by any party shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. c. Attorneys Fees. The parties agree that if any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement; the prevailing party shall be entitled to recover reasonable attorneys' fees from the nonprevailing party, which fees may be set by the Court in the trial of such action and may be enforced in a separate action brought for that purpose, and which fees shall be in addition to any other relief which may be awarded. 9. Miscellaneous. a. Successors and Assigns. This Agreement and the rights and obligations set forth herein shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as the Trust and transferees of Taps are permitted to assign their interest in and to this Agreement as provided in paragraph 5 hereof, this Agreement and the rights and obligations set forth herein may not be assigned by any party without the prior written consent of the other then parties hereto. At such time as Developer has properly completed its obligations under paragraph 2 hereof and, pursuant to paragraph 3 hereof, has properly transferred the Water System and the Water Rights to the Association and the Trust, respectively, then Developer's obligations hereunder shall be deemed to have been fully performed and Developer shall be released from, and no longer considered to be a party to, this Agreement. b. Severability; Partial Invalidity. If any one or more of the provisions of this Agreement, or the applicability of any such provision to a specific situation, shall be held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of any such provisions shall not be affected thereby. c. Heading and Terms. The captions and headings herein are for convenience of reference only and shall not be used to construe the agreement of the parties as set forth herein. Words of any gender used herein shall be construed to include any other gender, and words in the singular shall be held to include the plural, unless the context requires otherwise. d. No Waiver. No delay of or forbearance by any party hereto in exercising any right or remedy hereunder and no performance of any act or matter which is not expressly required to be undertaken by such party shall be construed, respectively, to be a waiver of such party's rights or to represent any agreement by such party to undertake or perform such act or matter thereafter. e. Entire Agreement and Amendment. This Agreement contains the entire agreement of the parties relating to the subject matter hereof. No amendment or supplement hereto shall be binding unless by agreement in writing signed by all the then parties hereto. Whitecloud Ridge Domestic Water System Operating Agreement Page 8 1111111111111111111111111111111111111111111111111111111 571158 10/20/2000 03:09P B1213 P571 M ALSDORF 9 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO f. Notices. All notices or other communications (collectively, "notices") required or provided for under this Agreement shall be in writing and shall be served by hand delivery, by prepaid United States certified mail, return receipt requested, or by reputable overnight delivery service guaranteeing next -day delivery and providing a receipt. All notices shall be addressed to the parties at the respective addresses as set forth below, except that any party may, by notice in manner provided above, change this address for all subsequent notices. Notices shall be deemed served and received upon the earlier of the third day following the date of mailing (in the case of notices mailed by certified mail) or upon delivery (in all other cases). A party's failure or refusal to accept service of a notice shall constitute delivery of the notice. If to Developer: If to the Association: If to the Trust: g. Thomas W. Levitt Molly G. Levitt P.O. Box 414740 Kansas City, MO 64141 Whitecloud Ridge Homeowners Association c/o Lawrence R. Green, Esq. Delaney & Balcomb, P.C. P.O. Drawer 790 Glenwood Springs, CO 81601 The 1993 Thomas W. Levitt Family Trust P.O. Box 414740 Kansas City, MO 64141 Governing Law. This Agreement shall be governed by and construed in accordance with Colorado Law. Venue for any legal action arising out of this Agreement shall lie solely in Garfield County, Colorado. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above. DEVELOPER: /JLF7fL THOMAS W. LEVITT Val MOLL G. LEVITT Whitedoud Ridge Domestic Water System Operating Agreement Page 9 15/t8!11111/1/10111111101!!!11Y1P1141511/121111150 1111III1111111111111 P572 t1 ALSDORF 10 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO ASSOCIATION: WHITECLOUD RIDGE HOMEOWNERS ASSOCIATION, a Colorado non-profit Corporation TRUST: STATE OF COUNTY OF ss. By //1,4~-, Thomas W. Levitt, President THE 1993 THOMAS W. LEVITT FAMILY TRUST, under agreement dated January 20, 1993 74," By By Thomas W. Levitt, Trustee John C. Davis, Trustee The f6regoing instrument was acknowledged before me this Thomas W. Levitt and Molly G. Levitt. CAROL RAKOSKI Notary Public —Notary Seal STATE OF MISSOURI Jackson Cc7 r,ty My Commission Expires: ;,;:;;; official se day o OTARY PUBLI My commission expires: � / Y f' C' Address: r kS -s Q l fle v41pb Whitecloud Ridge Domestic Water System Operating Agreement Page 10 1997, by 1 111111 11111 111111 11111 111111 11111 11111 111 111111 111 1111 571158 10/20/2000 03:09P B1213 P573 M ALSDORF 11 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO STATE OF COUNTY OF 42J-(1).- ) ss. } ,/ The P:s egoing instrument was acknowledged before g me this Y day o , 1997, by Thomas W. Levitt, President of Whitecloud Ridge Homeowners Association, a Colorado non-profit Corporation. WITNESS- Illy hand arid ufIic.�d CAROL RAKOSKI Notary Public —Notary Seal STATE OF MISSOURI Jackson County My Commission Expires: June 15, 1998 My commission expires Address: ! AO I k) ML11 414-1k1 A -a 0- STATE OF COUNTY OF 27 rna( i h 1 seal. a TARP P : IC X519 The f going instrument was acknowledged before me this I r day /7/. 1997, by Thomas W. evitt and John C. Davis, Trustees of The 1993 Thomas W. Levitt Family Trust, under agreement dated January 20, 1993. • . . •k CAROLRAK Notary Public —Notary Seal STATE OF MISSOURI Jackson Cunt INity urat; . .1 My commission expires: Address: 10\0( L 1A -rt S A$ Gt I g\cvittlwateragr.169\June 24, 1997 official seal. TARY PUBLIC ) c) ( 9 E eT Yv10 (A104, 4v Whitecloud Ridge Domestic Water System Operating Agreement Page 11 MOM fg 0 00 In 0 E a A PARCEL OF LAND SITUATED IN THE SWI/4 OF SECTION 28 AND THE SEI/4SE1/4 E z OF SECTION 29 TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL 0 MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: -r)W .mow N IL momm a COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD ez COUNTY SURVEYOR BRASS CAP IN PLACE, THE TRUE POINT OF BEGINNING; Gl THENCE S 89055'39" W ALONG THE SOUTHERLY LINE OF SAID SECTION 29 1324.02 e9 0 FEET TO THE EAST SIXTEENTH CORNER OF SECTION 29 AND SECTION 32; THENCE MINm m N 03 '37'21" E ALONG THE WESTERLY LINE OF THE SEI/4SE1/4 OF SAID SECTION N GI • 291376.58 FEET TO THE SOUTHEAST SIXTEENTH CORNER OF SECTION 29; THENCE N °1 N 89 '27'43" E ALONG THE NORTHERLY LINE OF SAID SE1 /4SEI /41355.71 FEET TO IMM a THE SOUTH SIXTEENTH CORNER OF SECTION 28 AND SECTION 29; THENCE co N 04 '53'43" E ALONG THE WESTERLY LINE OF SAID SECTION 2814.53 FEET TO A to c POINT IN AN EXISTING FENCE; THENCE LEAVING SAID WESTERLY LINE THE FOLLOWING FIVE (5) COURSES ALONG SAID EXISTING FENCE: 1. S 89'50'52" E 489.38 FEET 2. N 88 °49'00" E 162.00 FEET 3. S 89 °21'00" E 230.00 FEET 4. N 89 °48'00" E 174.98 FEET 5. S 89000'00" E 277.90 FEET; THENCE LEAVING SAID EXISTING FENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 77047'32" A DISTANCE OF 162.93 FEET (CHORD BEARS S 42 °41'34" W 150.70 FEET); THENCE S 81°35'20" W 281.45 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 220.00 FEET AND A CENTRAL ANGLE OF 52 °15'54" A DISTANCE OF 200.68 FEET (CHORD BEARS S 55 °27'23" W 193.80 FEET); THENCE S 29°19126" W 99.23 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 280.00 FEET AND A CENTRAL ANGLE OF 17 °47149" A DISTANCE OF 86.97 FEET (CHORD BEARS S 38 '13'21" W 86.62 FEET); THENCE S 36°43'42" E 100.68 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET AND A CENTRAL ANGLE OF 05 008152" A DISTANCE OF 35.94 FEET (CHORD BEARS S 34 °09'16" E 35.93 FEET); THENCE S 31 034150" E 76.82 FEET; THENCE ALONG THE ARC OFA CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL ANGLE OF 68'26'41" A DISTANCE OF 203.08 FEET (CHORD BEARS S 65 '48'11" E 191.22 FEET); THENCE N 79 °58'28" E 155.83 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 17 °43'43" A DISTANCE OF 154.71 FEET (CHORD BEARS N 71 006137" E 154.09 FEET); THENCE N 62 014146" E 15.12 FEET TO A POINT ON THE EASTERLY LINE OF SW1 /4S W1/4 OF SECTION 28; THENCE S 03 °23'54" W ALONG SAID EASTERLY LINE 801.53 FEET TO THE WEST SIXTEENTH CORNER OF SECTION 28 AND SECTION 33; THENCE S 89040'17" W ALONG THE SOUTHERLY LINE OF SAID SECTION 281371.75 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 79.451 ACRES, MORE OR LESS. Exhibit A 0 aa- -E NI 0 d4 PI la w OAC NM=°° PROPERTY DESCRIPTION Exhibit B m 0 en THE 1993 THOMAS W. LEVITT FAMILY TRUST PROPERTY (MODIFIED AGAIN) A PARCEL OF LAND SITUATED IN THE SW1/4 AND THE W1/2SE1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 63°50'49" E 1573.54 FEET TO A POINT ON THE EASTERLY LINE OF THE SWI/4SW1/4 OF SAID SECTION 28, THE TRUE POINT OF BEGINNING; THENCE N 03023'54" E ALONG SAID EASTERLY LINE 114.62 FEET; THENCE LEAVING SAID EASTERLY LINE S 62°14'46" W 15.12 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 17°43'43" A DISTANCE OF 154.71 FEET (CHORD BEARS S 71°06'37" W 154.09 FEET); THENCE S 79°58'28" W 155.83 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL ANGLE OF 68°26'41" A DISTANCE OF 203.08 FEET (CHORD BEARS N 65°48'11" W 191.22 FEET); THENCE N 31°34'50" W 76.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET AND A CENTRAL ANGLE OF 05°08'52" A DISTANCE OF 35.94 FEET (CHORD BEARS N 34°09'16" W 35.93 FEET); THENCE N 36°43'42" W 100.68 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 280.00 FEET AND A CENTRAL ANGLE OF 17°47'49" A DISTANCE OF 86.97 FEET (CHORD BEARS N 38° 13'21 " E 86.62 FEET); THENCE N 29°19'26" E 99.23 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 220.00 FEET AND A CENTRAL ANGLE OF 52°15'54" A DISTANCE OF 200.68 FEET (CHORD BEARS N 55°27'23" E 193.80 FEET); THENCE N 81°35'20" E 281.45 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 77°47'32" A DISTANCE OF 162.93 FEET (CHORD BEARS N 42°41'34" E 150.70 FEET) TO A POINT ON THE EASTERLY LINE OF THE NW1/4SW1 /4 OF SAID SECTION 28; THENCE N 03°23'54" E ALONG SAID EASTERLY LINE 105.57 FEET; THENCE LEAVING SAID EASTERLY LINE S 89°45'54" E 603.84 FEET; THENCE N 69°11'09" E 876.78 FEET TO A POINT ON THE CENTERLINE OF HARMONY LANE; THENCE THE FOLLOWING THIRTEEN (13) COURSES ALONG SAID CENTERLINE: 1. S 00°34'25" W 226.26 FEET 2. S 02°28'40" E 91.04 FEET 3. S 06°19'45" E 119.31 FEET 4. N 89°44'08" W 5.95 FEET uniii 11111 111111 11111 imu 1111111111 iii 111111 111 ini 571158 10/20/2000 03:09P 81213 P576 M ALSDORF 14 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO PAGE NO. 2 THE 1993 THOMAS W. LEVITT FAMILY TRUST PROPERTY (MODIFIED AGAIN) 5. S 01°14'48" E 280.88 FEET 6. S 02°01'27" W 115.18 FEET 7. S 00°39'06" W 148.53 FEET 8. S 01°44'55" E 133.99 FEET 9. S 04°29'01" E 106.53 FEET 10. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1475.00 FEET AND A CENTRAL ANGLE OF 03°53'15" A DISTANCE OF 100.08 FEET (CHORD BEARS S 06°25'38" E 100.06 FEET) 11. S 08°22'15" E 67.98 FEET 12. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 126.84 FEET AND A CENTRAL ANGLE OF 43°01'03", A DISTANCE OF 95.23 FEET (CHORD BEARS S 13°08'18" W 93.01 FEET) 13. S 38°11'47" W 18.82 FEET THENCE LEAVING SAID CENTERLINE S 89°43'12" W 30.74 FEET; THENCE N 01°52'30" E 329.19 FEET; THENCE N 89°58'25" W 110.00 FEET; THENCE N 02°06'23" E 49.20 FEET; THENCE S 89°56'49" W 1353.02 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 36.607 ACRES, MORE OR LESS. IGS OLIN Tie r NG NEER/NG 111111111111111111111111111111111111111 111 min ui ini 571158 10/20/2000 03:09P 81213 P577 M ALSDORF 15 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO Exhibit C, page 1 of 5 LEVITT WELL #2 A WELL SITUATED IN THE NE1/4SW1./4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; THE LOCATION OF SAID WELL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 56°28'00" E 2681.24 FEET TO SAID LEVITT TRUST WELL #2. 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 1111111 11111 111111 11111 11111111111111111111111111111111 571158 10/20/2000 03:09P 81213 P578 M ALSDORF 16 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO Exhibit C, page 2 of 5 LEVITT WELL #3 A WELL SITUATED IN THE NEI/4SW I/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; THE LOCATION OF SAID WELL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 55°56'20" E 2635.24 FEET TO SAID LEVITT TRUST WELL #3. 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 /GM Oi 4VTR r NGN1/££R/NG 1111111 11111 1111111111111111111111 11111 111 111111 111 1111 571158 10/20/2000 03:09P 81213 P579 M ALSDORF 17 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO Exhibit C, page 3 of 5 100' DIA. UTILITY AND ACCESS EASEMENT DESCRIPTION A 100.00' DIAMETER CIRCLE OF LAND SITUATED IN THE NE1/4SW1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID EASEMENT BEING A 50.00' RADIUS FROM THE FOLLOWING DESCRIBED RADIUS POINT: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 59°56'09" E 3133.38 FEET TO SAID RADIUS POINT. 95060.05 9510601WATEREAS.REV 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 IGfrf 401.1N TR r NO/NL-E/20•10 1111111111111111111111111111111111111101110111111111 571158 10/20/2000 03:09P 81213 P580 M ALSDORF 18 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO Exhibit C, page 4 of 5 30' UTILITY AND ACCESS EASEMENT DESCRIPTION A 30.00' WIDE STRIP OF LAND SITUATED IN THE E1/2SW1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID EASEMENT LYING 15.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 61°55'01" E 1605.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 545.00 FEET AND A CENTRAL ANGLE OF 01°15'41", A DISTANCE OF 12.00 FEET (CHORD BEARS N 62°52'37" E 12.00 FEET); THENCE N 62°14'46" E 15.13 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 338.02 FEET AND A CENTRAL ANGLE OF 12°43'20", A DISTANCE OF 75.05 FEET (CHORD BEARS N 55°53'06" E 74.90 FEET); THENCE N 49°31'26" E 224.71 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 385.00 FEET AND A CENTRAL ANGLE OF 37°55'26", A DISTANCE OF 254.83 FEET (CHORD BEARS N 68°29'09" E 250.20 FEET); THENCE N 87°26'52" E 24.64 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 285.00 FEET AND A CENTRAL ANGLE OF 26°48'21", A DISTANCE 133.34 FEET (CHORD BEARS S 79°08'57" E 132.13 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 265.00 FEET AND A CENTRAL ANGLE OF 00°54'05", A DISTANCE OF 4.17 FEET (CHORD BEARS S 66°11'49" E 4.17 FEET); THENCE N 00°00'00" E 469.68 FEET; THENCE N 79°28'45" E 658.74 FEET TO A POINT ON A 50' RADIUS WATER TANK EASEMENT, THE TERMINUS, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 28 BEARS S 59°37'31" W 3086.30 FEET. 95060.05 6/23/97 9510601WATEREAS.REV 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 1111111111111111111111111111111111111111111111111111111 571158 10/20/2000 03:09P 81213 P581 N ALSDORF 19 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO Exhibit C, page 5 of 5 40' UTILITY AND ACCESS EASEMENT DESCRIPTION A 40.00' WIDE STRIP OF LAND SITUATED IN THE NE1/4SW1/4 AND THE NW1/4SE1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID EASEMENT LYING 20.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 60°37'21" E 3307.12 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THE 1993 THOMAS W. LEVITT FAMILY TRUST PROPERTY, TH T PIIN • B N ; THENCE LEAVING SAID EASTERLY LINE S 80°04'44" W 131.91 FEET TO A POINT ON A 50' RADIUS WATER TANK EASEMENT, THE TERMINUS, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 28 BEARS S 59°49'54" W 3183.05 FEET. 95060.05 6/23/97 9510601WATEREAS.REV 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 v.