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RECfl E0 FEB 1 CC! fW-f ',NWc'fOO SPRINGS. Cr) P,.. February 14, 2000 2CCO LAND DESIGN PARTNERSIHP 918 Cooper Avenue. Glenwood Springs, Co 81601 970-945-22461 Fax 970-945-4066 Kit Lyon Garfield County Planning Dept. 108 8th Street Glenwood Springs, CO 81601 Re: Preshana Farm PUD Aspen Equestrian Estates Final Plat Dear Mark: Attached are the 3 copies of the various plans and documents for your review of the Aspen Equestrian Estates Final Plat. All enclosures are listed below along with their Regulation reference. Conditions of the Preliminary Plan Resolution have either been satisfied by information previously submitted to the County Planning Office or are covered by the below listed submissions. Also identified are a couple items that have not yet been received from the State. We expect these in the near future but would request that the County Staff initiate the review of the plat and other documents_ Our goal is to be before the Board of County Commissioners with all documents and checks for Final Plat approval by March 20`" along with the note revision and text amendment. Section 5:20 Final Plat Section 5:31, A Section 5:31, B Engineering Plans Subdivision Improvement Agreement The Engineers estimate for public improvements will be provided prior to the BOCC review of the Final Plat. Since many of the public facilities have already been installed and tested, High Country Engineering (HCE) is adjusting their construction estimate to reflect these completions. HCE will include a certification as to the completed facilities. Section 5:31, C County Treasure's Tax Certification Section 5:31, D Protective Covenants • Section 5:31, E Can & Will Serve Letter from the Ranch at Roaring Fork regarding the provision of wastewater treatment services, Section 5:31, F Section 5:31, G Section 5:31, H Sewer Services Agreement between the Ranch at Roaring and AEE. Connecting Main Agreement The Colorado Department of Health approval of the AEE community water system design is expected to be received in the near future and will be delivered to the County upon receipt. Letter dated January 6, 2000 from the Carbondale & Rural Fire Protection District clarifying that a backup power generator is not required for the community water system. Letter from the Colorado Department of Health, Water Quality Control !Division approving the Site Permit Application for the Ranch at Roaring Fork Wastewater Treatment Plant. Letter from the Office of the State Engineer, Division of Water Resources, stating, "that the proposed water supply is physically adequate and will not cause material injury to decreed water rights'. Basalt Water Conservancy District Allotment Contract No. 343. Well Permits for the community water system were applied for in late November and the approved permits are expected to be received in the next two weeks and will be delivered to the County upon receipt. Fire District Subdivider's Agreement is enclosed. The required $ 20 850.00 check will be delivered to the County prior to the BOCC review of the Final Plat. Attached is a copy of the letter from High Country Appraisal defining the value of the property. The value presented is based on post PUD approval property values, which are Section 5:31,1 • significantly inflated from what would be expected prior to the PUD zoning approval. The calculations of the School District fee are included in the body of the Subdivider's Improvement Agreement. The check in the amount of $ 39298.67 will be delivered to the County prior to the BOCC review of the Final Plat. There are no individual sewage disposal systems proposed. Ronald B. Liston pc: Herb Klein Jay Weinberg RECEIVED MAR 0 8 2000 LAND DESIGN PARTNERSHIP 918 Cooper Avenue. Glenwood Springs, CO 81601 970-945-2246 1 Fax 970-945-4066 March 8, 2000 Kit Lyon Garfield County Planning Dept. 108 8th Street Glenwood Springs, CO 81601 Re: Aspen Equestrian Estates Final Plat Dear Kit: Enclosed are copies of the two AEE water system well permits and the permit for a well that will be used by the Equestrian Center. We were told by Mr. Cribbs at the Department of Health on Monday that he had approved the community water system and would have Mr. Watson sign the approval letter on Tuesday in Denver and fax it to us. Mr. Cribbs and Mr. Watson are both in classes in Denver this week. We have not received the letter but I believe Mr Cribbs left a voice message for Mark Bean to the effect that they had approved the system. will deliver the letter as soon as it is received. I believe these two items will complete the submittal of documents for County review of the AEE Final Plat. I trust this will facilitate the presentation of the final plat to the Board of County Commissioners on March 20th for approval and signing. Please give me a call if you require any additional information or if Staff has any suggested revisions to the SIA or the plat. We will respond immediately to any requested revisions and have the corrected documents back to you in ane to two days. Sincerely, Ronald B. Liston Pc: Herb Klein Jay Weinberg Tom Zancanella April 14, 2000 GAR.FIELD COUNTY .. Building and Planning Departure t 1 e Ali wL:Lple2 t) \� \C ' AlliTh (.\_:' /.' NO ‘')'. '37) 5ikk‘4.). Mr. Ron Liston Land Design Partnership 918 Cooper Ave. Glenwood Springs, CO 81601 Re: Aspen Equestrian Estates Final Plat Dear Ron: 0-5 The purpose of this letter is to inform you of the status of the Aspen Equestrian Estates Final Plat application. This department is in receipt of the information submitted on. 3/17/00 which included: • A letter from Herb Klein to yourself dated 3/16/00 • A letter from yourself to me dated 3/16/00 • The AEE Engineer's opinion of probable construction costs (ie, the "cost estimate") • A revised version of the SIA • A revised version of the Covenants • A letter regarding weed management from Andrew Antipas to yourself, dated 3/14/00 • A letter from Zancanella & Assoc. to yourself regarding water quality monitoring, dated 3/13/00 • A letter from Robert Cribbs, of the CDPHE, to Mr. Weinberg, dated 3/13/00 • A letter from Leslie Hope of HCE to Bill Gavette of the CRFPD, dated 3/2/00 This information has been reviewed by myself, the County Attorney, and the County Engineer (Wright Water Engineers). I have enclosed a checklist herewith for your ease of reference. In review of the application, we offer the following comments: SECTION 5:00, FINAL PLAT REQUIREMENTS: 5:31 A: "Cost Estimate" • Please provide proof of payment of the $265,000.00 paid into the escrow account with Ranch at Roaring Fork. • The cost estimate provided does not include all the total costs. The statement at the end of the cost estimate says it does not include "engineering services, construction staking, surveying, tap fees, construction testing, or construction administration". These are all part of the costs the County would incur if the County became responsible for building the project. They must be included in the estimate. • Please include the total costs of all improvements, including those already completed. Any improvements already completed may be subtracted from the final total to be secured. The County must be provided a stamped letter of verification from a professional engineer that any improvements already completed are satisfactory. Tel: 945-8212,'F'swx- 3R4-.1004 109 Rth St.. Ste. 303 C:lenwnnd finrinu . ('f1 81601 • • • The cost estimate must also include a 10% contingency for undisclosed costs or escalations. 5:31 E: "Can and will serve letter for 3 spec houses" • Item #11 (pg. 8) of the SIA is insufficient. This is not adequate notice. There must be an agreement to provide notice of item 11 to every lot purchaser in the form of an exhibit, which must be attached to the SIA (Don DeFord has provided an example). 5:31 H: Please be aware a letter from the Fire District evidencing payment of fees must be submitted (just prior to final approval of the final plat). PRELIMINARY PLAN CONDITIONS OF APPROVAL (Resolution 2000-15): Condition # 6: '`downlighting, DOW permission to change wildlife protections, dead wildlife" • Please revise paragraph 6.7 of the covenants as follows: "... in areas where wildlife is present" should be removed. • The consent of both Garfield County and the DOW are needed for any changes to the wildlife provisions. Condition # 9: "DOW recommendation that ALL fencing outside of equestrian facilities to meet DOW standards" • Privacy fencing around patios, lawn areas, and building envelopes is not consistent with the approval obtained in this resolution. Condition # 12: The covenants must conform to section J of the 12/20 staff report. • Please make the necessary changes so that the covenants conform with the approval in resolution 2000-15. The following items are in section J: # 2. ALL trash containers must be wildlife proof. 5. A weed control plan must include specific details and discuss what actions will be taken if groundwater is contaminated. # 6. DOW permission to change wildlife protection measures. Interpretive signage. Condition #13: "Mount Sopris recommendations" • Again, please include the clearly specified weed control program SIA. Paragraph 1, page 2: The SIA should reference ALL relevant prelim and pud resolutions to date, including the amendments. It is especially important to include the resolution which will be signed on 4/17/00, which is the most recent PUD zone text amendment. Paragraph 2, page 2: Please see previous comments concerning the cost estimate. Please include the tap fees in the letter of credit. Paragraph 3, page 3: Security for improvements -insert amount of security. Must specify if it will be cash or a letter of credit. Paragraph 6, page 6: Roads -In accordance with 9:34, all roads shall be dedicated to the public. Please remove the right to install and operate a security gate or other entry control system to verify the identity of visitors to the project". This is not consistent with the project approval. Paragraph 11, page 8: See previous comment regarding 5:31 E, above. TPI! 945-R212/F2m 384-500+1 109 Rth St.. Ste. 303 Glenwood 4nrinPs. CO 81601 Paragraph 14, page 9: Please remove. A separate development agreement and process is required. See 14:30.01 and 14:20:02 of the Subdivision regulations. COVENANTS: Section 2.10: No use or development shall occur within theGreenbelt area. No development shall occur within the 100 year floodplain or wetlands delineation area. Provisions that allow otherwise are not consistent with the AEE application or it's approval. Section 2.15 and 3.13: The equestrian lot must be subject to the covenants and is subject to the term subdivision. It is a part of the entire application and approval. As such, other future contemplated uses can not be included that were not approved in the application. It is not capable of additional development. The equestrian lot can not be "treated differently than other lots in the development" because that is not consistent with how this project was approved. Section 3.7: Delivery of Association property must be at the time of recordation of the final plat. "Within sixty (60) days" is not acceptable. Section 3.9: The equestrian lot relies on private homeowners to pay for open space that it directly benefits from. As such, the equestrian lot should be subject to assessments. Section 3.14: Please insert Book 1153, Page 629 Section 3.15: The equestrian lot is subject to the same rates and terms as all other lots. Section 5.3: States "Nothing herein shall be deemed to prohibit recreational facilities or activities including without limitation, equestrian, horse boarding and training, tennis, swimming, golf, etc. nor any home occupation...". Please remove due to inconsistency with the project approval. Some of the listed uses are prohibited. Section 5.5: see previous fencing comments. Section 6.1 (b): Guest or caretaker units are prohibited unless approved at the preliminary plan stage. The AEE preliminary plan did not include these units. This must be removed due to inconsistency with the project approval. Section 6.4: Should read "... limited to 2,500 square feet per residential lot in accordance with the limitations of the well permits issued for the project. Such limitations could be changed by acquiring an additional water court decree and new well permits that allow for additional irrigation". Section 7.3: (a):improvements must be completed within one (1) year. (b) Not consistent with the zoning. Please remove. (f) Not consistent with project approval. Please remove. Article 8 -Please show all easements on plat (may be in form of note). Reservation of easements is not acceptable. Trail locations must be surveyed and shown. Section 10.1: Change "may" to "shall" in the first sentence. Section 11.1: See previous comments concerning the equestrian lot. OTHER: Please make the following revisions: 1. Plat note #11: All roads shall be public. 2. Water easement -Please show form of easement, conveyed to HOA at the time of recordation of the SIA, with provision in the SIA that it will be conveyed at the time of recording. Trail easements -same comment. TPI: 945-8212/Fax: 384-S00d 1119 8th St.. Ste. 303 Glenwood Snrinas. CC) 81601 3. Please submit the Articles of Incorporation/Bylaws which must be effective no later than the time of recordation of the SIA. 4. Sheet 4 & 8: What is the U shaped thing? Existing road? If so, these should not be shown. 5. Sheets 4 & 5, see also sheet 11: The equestrian trail stops and resumes at the wetland edge but the horses likely will not. 6. Sheet 7: What is the meaning of the-----x-----x-----x -- symbol? Fencing? I look forward to receiving the information requested. Once all the issues are resolved, the Aspen Equestrian Estates Final Plat and associated documents may be scheduled on the Board of County Commissioners agenda. Please contact me in the event you have any questions. Sincerely, Kit Lyon Senior Planner cc: County Attorney Wright Water Engineers Tel: 944.8212/Fax! 3R4-5004 109 lith St.. fits. 303 Glenwnnrl Snrinvs. CO 81601 • • April 14, 2000 Kit Lyon Garfield County Planning Office 109 Eighth Street, Suite 303 Glenwood Springs, Colorado 81601-3303 RE: Aspen Equestrian Estates Final Plat Dear Kit: At your request, Wright Water Engineers, Inc. (WWE) has reviewed the additional Final Plat submittal materials for Aspen Equestrian Estates. We believe all of the items listed in our March 13, 2000 letter have been completed, except the following: Documentation for the completed and partially completed items in the STA cost estimate should be submitted. (We discussed this comment with High Country Engineering and they subsequently prepared a letter dated April 10, 2000.) 8. The revised Section 2.10 allows for individual lot owners to obtain a permit to impact wetlands. Is this consistent with the approvals for the project? 11. The blanks in paragraph 3.14 of the covenants need to be filled in. 12. Paragraph 6.4 of the covenants should read "... limited to twenty-five hundred (2,500) square -feet per residential lot in accordance with the limitations of the well permits issued for the project." if AEE wants flexibility to change this in the future, then the last sentence would be similar to the following: Such limitations could be changed by acquiring an additional water court decree and new well permits that allow for additional irrigation. Please call if you have any questions or need additional information. Very truly yours, WRIGHT WATER ENGINEERS, INC. By: Michael J. Erion, P.E. Water Resources Engineer cc: Don DeFord, Esq., Garfield County C:1W!NI .X)WSV1EMJ \A.dditionsIFjnil lillatRevieu _doe • Memorandum To: Kit Lyon From: Steve Anthony Re: Aspen Equestrian Estates Date: April 3, 2000 l . The Weed Management Plan submitted by Andy Antipas is fairly comprehensive and would be sufficient if we could assume a commitment to followup on it from the applicant. It may help if there were conditions of approval related to weed management. Specific conditions should include: A. Survey and inventory the property during the growing season when plants are present. B. Submit a "Weed Management Plan" after completion of the inventory, to the Vegetation Management Department for review. (A :_fill in the blank" Plan is attached). 2. Condition 6 mentions requirements for the wetland work. The hay bales used to reduce sediment should be certified "weed -free". A planting list for revegetation in disturbed areas should be submitted Covenants. A. The covenants should include language that reminds landowners that it is their responsibility, according to the Colorado Noxious Weed Act, to manage any County Noxious Weeds that are on their property. B. Management of noxious weeds on roadways, drainage ditches, and common areas should be addressed. Responsibility for this should be designated. Name: WEED MANAGEMENT PLAN Physical Address of Property: 1. Targeted weed 2. Current amount of infested land (acres) 3. Amount of infested land to be managed 4. Describe the areas that you propose to treat. Be specific. 5. What methods of treatment will you use? a. Herbicides. List product name and rate and timing of application. b. Grazing. Describe grazing plan and timing. c. Mechanical. Describe method. (mowing, cutting, pulling) d. Alternative methods. What, when, and where. e. Revegetation. What you plan to seed and when. 6. 1 plan to use the services ofa professional weed control company. Company name: 7. Additional information: • STATE OF COLORADO Bill Owens, Governor Jane E. Norton, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado Grand Junction Regional Office 222 5. 6th St., Rm 232 Grand Junction, CO 81501-2768 Fax (970) 248-7198 March 13, 2000 Aspen Equestrian Estates Subdivision Attn.: Mr. Jay Weinberg, Owner/Developer 3275 County Road 100 Carbondale, CO 81623 Dear Mr. Weinberg: Colorado Department of Public Health and Environment Re: Capacity Development Plans Review Approval for the Aspen Equestrian Estates Subdivision, Appaloosa Well, Chlorination System, and. Storage Tank PWSID# PENDING, Community, Garfield County The design and construction specifications for the Aspen Equestrian Estates Subdivision Potable Water Supply System, received on November 16, 1999, January 26, 2000, and March 6, 2000 have been received and reviewed in accordance with Article 2.1.5 of the Colorado Primary Drinking Water Regulations, and are hereby approved under the following conditions: i . A microscopic particulate analysis (MPA) must be done on the well source prior to treatment, between mid-May and mid-June, 2000. The results must be sent to this office within two weeks after receipt or no later than July 14, 2000. The water system will be required to meet the requirements of the surface water treatment rule if the MPA results indicate that the well is under the influence of surface water. 2. The Division will resend the water system approval if the MPA is not conducted or the results are not sent to this office by July 14, 2000. 3. A detailed vulnerability assessment must be completed when the system receives a public water system identification number (PWSID) to determine if the system qualifies for reduced chemical monitoring. Please contact. John Payne at (303) 692-3532 for further details concerning the vulnerability assessment. 4. A lead and copper study must be completed when the system receives a public water system identification number. Please contact Dave Rogers at (303) 692-3535 for further details concerning the lead and copper study. RECEIVED MR �' " 2000 Aspen Equestrian Estates Subdivision, Garfield County Page 2 of 3, March 13, 2000 5. A operations and maintenance manual, following the minimum outline from the State of Colorado New Water System Capacity Planning Manual, must be completed and made available to the water system administration or owner, and certified water treatment operator. The manual must be completed within three months after receiving a PWSID. Enclosed is a table of contents to be followed when developing the operations and maintenance manual. 6. A GPS latitude and longitude location must be provided to the Division within three months after receiving a PWSID number. The location must be in degrees, minutes and tenths of a minute. All change orders and addendums must be submitted to this office in duplicate for approval. When approved, one copy will be retained and one copy returned to you. Once construction has begun on the project, a representative from the Department may conduct an interim construction inspection. Prior notice will be given to such an inspection. When construction is estimated to be within 60 days of completion, this Department must be contacted by the project engineer. A representative of the Department may schedule a site visit to conduct a final construction inspection before the plant is placed on line. In accordance with the Colorado Primary Drinking Water Regulations, water quality monitoring shall commence no later than at the time that the system reaches 15 taps or serves twenty-five people for sixty or more days per year_ You must notes this office in writing when the water system meets the definition of 15 taps or serves twenty-five individuals far sixty days per year so a Public Water System Identification Number (PWSID) can be assigned. Failure to notify the Division will result in a violation of Colorado Primary Drinking Water Regulations, This Department is informing the Operator Certification Board that under their current regulation a Class "D" level operator is required to be in direct charge of the water treatment plant. Approval of this proposed project is based only on engineering design and the facility's ability to provide safe potable water, meeting the Colorado Primary Drinking Water Regulations. Approval shall in no way influence local planning decisions. Any point source discharges of water from your facility are potentially subject to a discharge permit under the State Discharge Permit System. Any point source discharges to state waters without a permit are subject to civil or criminal enforcement action. If this facility has any discharges without permits, you are required to contact the Water Quality Control Division, Permits and Enforcement Section, at (303) 692-3500, regarding permit requirements. A representative from the Department may conduct an inspection. Prior notice will be given to such an inspection. • • Aspen Equestrian Estates Subdivision, Garfield County Page 3 of 3, March 13, 2000 If you have any questions, please call Robert Cribbs at (970) 248-7199. Sincerely, Robert Cribbs Engineering Technician Water Quality Control Division Richard H. Bowman, P.E. West Slope Supervisor Water Quality Control Division Enc. to Erica Kannely: Plans Review Submittals and Drinking Water System Plans and Specifications Checklist CC: High Country Engineering Inc., Mr. Charlie Berger, P.E., 923 Cooper Ave., Glenwood Springs, CO 81601 Mark Bean, Garfield County Planning Department Dwain Watson, D.E., Technical Services Unit, WQCD Sharon Ferdinandsen, Plant Operators Certification Board, WQCD Erica Kannely, Compliance Monitoring and Data Management, WQCD Dave Rogers, Compliance Monitoring and Data Management, WQCD John Payne, Technical Services unit, WQCD R. Cribbs, WQCD rrc Operation and Maintenance Manual Table of Contents Item Page Number Facility Description Startup Procedures Normal Operation Procedures Maintenance Program Sampling and Analysis Schedules Staffing and Training Requirements Identification of Potential Risks to the Water Supply Safety Program Unaccounted Water Tracking Plan Available Resources for External Technical and Financial Assistance Emergency Operating Procedures Manufacturer's Manuals Water System Policies Budget and Rate Structure Water system responsibilities Customer responsibilities Cross -connection control Customer information or public education Customer complaints Water Quality Violation Response and Notification • HERBERT S. KLEIN MILLARD J. ZIMET` OF COUNSEL. JACQUELINE L. GARONER 'also adm"tted in New York KLEIN - ZIMET PROFESSIONAL CORPORATION ATTORNEYS AT LAW March 16, 2000 Via Facsimile to 945-4066 Ron Liston Land Design Partnership 918 Cooper Ave. Glenwood Springs, CO 81601 Re: Final Plat Requirements Dear Ron: • 201 NORTH MILL STREET SUITE 203 ASPEN. COLORADO 91611 TEL: (970) 925-8700 FAX: (970) 925.397? for Aspen Equestrian Estates In response to Kit Lyon's letter to you of March 9, 2000, 1 am providing the following responses with respect to certain of the matters addressed in her letter which fall in my responsibilities. q 1 will respond to these in the order that she addresses them in her letter. A. Section 5: 00 Final Plat Requirements: "'(* ' .li re: 5:31A: Cost estimates have been obtained and are being provided. The cost estimates were prepared by High Country Engineering and do not include tap fees payable to Ranch at the Roaring Fork. Please consider this letter confirmation that Aspen Equestrian Estates, LLC ("AEE LLC") has previously paid into an escrow account with Ranch at the Roaring Fork the sum of $265,000 -�,as the required payment under its Sewer Service Agreement. The Sewer Service Agreement has already been provided to the County. The tap fee payments are referred to at Paragraph 13b of the Agreement. The first payment of $262, 500 has been made. The next payment due of $157,500 must be made on or before commencement of construction of the sewer plant. This amount is now included in the Letter of Credit referred to in the SIA as part of the final plat process. re : 5:31E: The can and will serve letter for the three sped houses should not be required as a condition of final plat, rather, this should be provided as part of a building permit application for those houses. There was no requirement imposed in any of our County processes that the capacity be confirmed as a condition of final plat. n rsr.°+ES_D COUNTY OEFARTMEN T c: T. _;' tri"3'E 303 &PRUG , CO 81e01 RECEIVED MAR 1 7 2000 11 Mr. Ron Liston March 16, 2000 Page 2 B. Preliminary Plans Conditions of Approval Resolution 2000-15) . 1*.. Re: Condition 3 - this is the same can and will serve letter for three spec houses referred to above. Re: Condition 6. 1 understand that Ms. Lyon has the he comment concerning the kenneling of dogs. Downlighting is addressed in a revision to Paragraph 6.7 of t e ro ecliYe ; Covenants. A copy of the revised Protective Covenants is attached. Ms. Lyon's comment that DOW permission to change wildlife protections and DOW approval of changes to the Covenants as pertain to wildlife is partially addressed in the Covenants with respect to changes in fencing which we have indicated requires DOW approval. However, the Declarations provide that their provisions which deal., with wildlife restrictions or requirements will not be amended without the consent of the Board of County Commissioners of Garfield County. Doesn't this provide sufficient protection for the public? Does Ms. Lyon errant us to obtain the consent of both Garfield Cou�n_ -and DOW or should the Covenants be changed to only ese condition } require the consent of DOW? Paragraph 5.5 of the Declaration re contained in ,v, . With respect to dead wildlife, �t a nt to last Wim' paragraph of Section 5.5 of the Covenants has been modified to add this language. Re: condition 9: The DOW recommendation concerning existing fencing along Blue Creek to be brought into compliance with wildlife standards has been added to the SIA at a new Paragraph 6.1. A copy of the revised SIA is attached. The comment regarding all fencing outside of equestrian facilities to meet DOW standards has been addressed in Paragraph 5.5 of the Covenants. The o ly exception is-for_privacy fencing around patios, lawn areas and building envelopes. Considering the lots are -iii tiveIsmall ani eir-building envelopes constrained, we would be surprised i DOW would have an objection to such privacy fencing. Re: Condition 12 Concerning Various Matters Regarding a Covenants: Subparagraph 2. Regarding trash containers. Ms. Lyon's comment is that All trash containers be wildlife proof. The Protective Covenants at Paragraph 5.6 require that Lots B-2 through B-11 and E-1 through E -H shall keep their trash in wildlife proof containers. This follows the recommendation of Kevin Wright of DOW contained in his October 25, 1999 letter at its Paragraph 55 which states "wildlife -proof or resistant trash/garbage containers should be used for those homes along the rj parian/wetland area n order o 1. • Mr. Ron Liston March 16, 2000 Page 3 prevent problems with wildlife." The lots cited in Paragraph 5.6 of the Protective Covenants are the lots along the riparian areas. There is no requirement from DOW that all lots have wildlife -proof containers. V ontainers., \'ubparagraph 4. With respect to your notation that exterior lighting shall be the "minimum amount necessary", this has been added to Paragraph 6.7 of the Protective Covenants which addresses lighting restrictions and, as previously mentioned, has been furter amended to require downlighting. rubparagraph 5. With regard to the weed control plan, this additional information is being provided. However, we do not 'believe it should be in the covenants, but rather a program that the HOA board adopts. If it is put into the covenants and it needs be modified in the future, it is very difficult to do so. The venants clearly require a weed control program be implemented and re agree to have the board of the HOA follow the proposed program requirements. Please see Paragraph 6.10 of the Protective Covenants. - c„,„, _Lir& Subparagraph 6. The DOW consent to changes in wildlife measures in the Covenants and dealing with dead wildlife is addressed in paragraph B.2.re condition6, above. Interpretive signage was suggested in Mr. Antipas' report of September 17, 1999, ihowever, no specific signage was described. The Protective Covenants, at Paragraph 5.5 require the distribution of DOW's rochure "Living with Wildlife". This was a specific recommendation of DOW so that property owners would be educated Pout wildlife issues. Wei nd Mr. Antipas' comments about interpretive signage were intended to bea 1-e.pu1 suggestion ,;`and not a condition. Since the educational information recommended,, by�SD W- being used, the signage may not be absolutely necessary. We will, however, take this suggestion into consideration and may - contact Mr. Antipas to seek his input to implement his suggestion. .40- C. SIA plan rests The. SIA has been amended to reference thepreliminary P Y ion and the POD plan approval and its recent amendment. The final p t resolution number c n be inser, d upon its approval. Gee-' has been Exhibit B is being provided. aragraph 2 of the SIA 4Siodified to indicate a June 1, 2001 completion date. The amount of the Letter of Credit will depend - f4 - upon whet e r or not the County will allow AEE to deposit the remaining sums directly into the Ranch at the Roaring Fork escrow account for tap fees due upon commencement of plant construction or if the County wants those funds covered by theL tter of VAL- • • Mr. Ron Liston March 16, 2000 Page 4 Credit. As soon as you advise me of the County's position, the amount of the Letter of Credit can be inserted into Paragraph 3 of the SIA. With respect to roads, the SIA has been modified at Paragr$ i 6 to indicate they are dedicated to the public, but maintained by the Association. Paragraph 8.3 of the Covenants has also been slightly modified to delete the word "private" from its title. Furthermore, the dedication of the roads set forth on the final plat will be changed to reflect the dedication to the public. '��� ,�_ �.d Ci �1.C�(c G `}D CAA0L4- A disclosure for the building permit condition is included n the sale contract for the lots. This disclosure states as follows: "12. Building Permit Disclosure. No building permits for new residences will be issued until construction of the new Ranch at Roaring Fork sewage treatment plant has commenced and then at such time as such plant construction has commenced, building permits shall issue for the development of the lots and the other elements of the project. Certificates of Occupancy will not be issued until the sewer plant construction is completed and sewed service is provided to the residences." ` D. Covenants ak (i) The references to preliminary and PUD plan resolutions has been included in Paragraph 2.12 of the Prot ctive Covenants . 1- - -- v r-c.Lk-c-- c- .( 1 :. cam- -- -IL v1,,,-,aj-t- C((�I .+r ca 1 "+ 0 t.. v -c-[,LLL ;L4-'- IL' ) _c> D 0 �2 2 Re: Section 2.15 of the Covenants - because the equestria of is not being developed for residential purposes, % is in separate ownership and has distinct uses, it is not subject to all provisions of the Protective Covenants, such as Zi architectural control. The equestrian lot is not assessed for general common expenses either. It does share in the sewer and water service obligations (see Sections 3.14 and 3.15), however, because it is not a typical residential lot, it is treated p-- differently than other lots in the development. 3) Re: Section 3.13 - Development Potential of Equestrian Lot. 1 cannot tell what Ms. Lyon's specific question is concerning this provision, however, this provision is intended to be a disclosure to buyers that the equestrian lot has the capability of additional development. I have found it to be very helpful when creating new subdivisions that if there is adjacent property that has development capability owned by the same developer as the residential lots, it is a good idea to disclose that there is development potential so there can be no • • Mr. Ron Liston March 16, 2000 Page 5 misunderstanding in the future. That is the purpose of Paragraph 3.13. Of course, any future development of the equestrian lot would require and be fully subject to all applicab)e Garfield County regulations. 6i e,c � [ .�>' (L4.- eL ?�C-�., i t s� Re: Paragraph 4.3 - Variances. The intent of thi paragraph was to deal primarily with architectural matters and other day to day issues that might arise in particular circumstances. It was not intended to provide authority to deviate from the Garfield County regulations or PUD requirements. T have modified Section 4.3 to add a new last paragraph which states that Garfield County's approval is required for any variance which would result in development that was not permitted under Garfield County regulations. Re: Incomplete Sentence: Bottom of Page 12 - Top of Page 13. I believe the copy of the Declarations which were previously sent may have had a duplicate copy of Page 12. Please check your copy. According to the original I am looking at, Paragraph 4.7 ended an the bottom of Page 12 and Paragraph 4.8 began at the top of Page 13. The pagination has changed with the additions and modifications that I have made to the Covenants in response to Ms. Lyon's comments. But I do not believe there is an incomplete sentence. 6 Re: Secti n 5.5 - Fencing. Please see my comm nts in sgct i n B.4 above . -"l, 0-'9 �,�.� � v . 3ccL l � . I L.c.i , cc u __ afruLA--s& ection 7.2 - Withdrawal Rights. This r'1 language is standard language from the Colorado Statutes ("CICA"). I have modified it to require the consent of Garfield G County as a condition to the exercise of the withdrawal right. (8) Regarding Section 7.3 - Sales Office. This paragraph includes the right of the declarant to establish a sales office on the property. The fact that the covenants, vis- a-vis lot owners and the developer, allow a sales office, does not mean that its location has been determined or approved by Garfield County. This just allows the developer to have a sales office on the property, subject to any necessary County, approvals. Re: Article 8 - Reserved Easements. I would suggest that there be a note on the plat indicating that certain easements not specifically shown on the plat are reserved in Article 8 of the Declarations and that some of these easements may arise in the future. It is not feasible to show all of these easements because some of them are represented as reserved rights in case they are necessary in the future. I believe a simple plat note referring to Article 8 should suffice. 7 . Ct-� Mr. Ron Liston March 16, 2000 Page 6 Please contact me after you have had a chance to review the enclosed responses and the revised documents. Thank you very much for your assistance in reviewing the final plat documents. I look forward to hearing from you shortly. Very truly yours, KLEIN-ZIMET PROFESSIONAL CORPORATION By: sg\weinberg\presh\047.1tr Enclosures cc: Jay Weinberg Herbert S. Klein, Esq. • • Andrew Antipas Ecological &Environmental Consulting, LLC 3/14/00 Ron Listen. Land Design Partnership 918 Cooper Ave Glenwood Springs, CO 81601 Carbondale, CO 81623 Reference: Weed Management Plan Aspen Equestrian Estates Farm Carbondale, CO Dear Mr. Listen, Over 10% off Colorado's native plant species have been displaced by non-native weeds. These introduced plant species have arrived from other countries (intentionally and unintentionally) without the natural enemies that keep them in balance (Pitkin County Noxious Weed Management Plan. 1999). These "foreigners" are aggressive and out compete our native plant species which affects wildlife habitat, water quality, agriculture, and recreational activities, The development and implementation of a weed management plan is important to maintain the health and balance of Western Ecosystems (Pitkin County Noxious Weed Management Plan, 1999). The following outlines the components necessary for a successful weed management plan. 1. Determine Habitat Type Determine habitat type to be managed such as rangeland, irrigated pasture, around ponds or along streams and rivers. 2. Prevention Prevention techniques include planting high quality, weed -free grass seed. Commerically purchased hay should be certified to be weed free as well. An important prevention measure is to keep weeds from going to seed, which is important for annual and biennials, as well as perennials. Preventing weeds from going to seed is discussed in more detail under control methods. 3. Accurately Map and Categorize Weed Infestations An accurate map of weed infestations of the subject property needs to be developed. Data should include locations of infestations and species composition of the infestations. Additional information to recorded would be the severity of the infestation. One should also keep track of associated - 0285 CrystaLCircle, Cat'bondale, CO 81623 970-963-8297 aantipasa:sopris.net CEIVED MAR 1 7r5.:1,1 • • desirable plant species, as these will help one choose appropriate control tools to use. Some herbicides work on broad leaf species, while other herbicides work on grass type species. 4. Eradication Eradication is the removal of weeds from an area so they will not recur unless reintroduced. If eradication creates an open environment, a weed problem may be cured simply to create another one which brings us back to prevention. Eradication works well on small patches less than 100 feet in diameter. Do not attempt to control all weed infestation is a single season, except on small parcels. The mapping procedure will indicate where dense infestations are and where small scattered or perimeter infestations are located. Be systematic about weed management and start with a perimeter infestations. These are the easiest and most affordable infestations to control. If controlled first, they can be kept from becoming large and dense. If a land manager starts with weeds on large dense infestations, perimeter ones often get worse. this leads to a frustrated manager and a sense of futility in weed management. 5. Control Control reduces a weed population in an area to a level where cash crop production is possible or being able to enjoy the land for recreational or aesthetic uses is possible. There are four control methods: cultural, mechanical, biological and chemical • Cultural Methods include fertilization, irrigation, and food or pasture species at optimum densities. • Mechanical control includes hoeing, hand -pulling, mowing, and burning. • Biological control uses an organism to interfere with weed growth. Two popular techniques of biological control include insects or plant pathogens. Livestock can be an effective weed management tool if used properly. However, over grazing can make weed control problems worse. • Chemical control methods utilize herbicides to disrupt weed growth. However, herbicides can kill desirable species as well as find their way into neighboring ground and surface waters. It is important that the instructions for use of the particular herbicide are followed closely. 5a. Integrate Control Methods The most effective weed management plans utilize a combination of the four control methods. The best combination of control methods are determined after examining the types of weeds which infest the property. Each control method • has a particular strength and when combined with others can maximum the dollars spent on weed control. 6. Record Keeping and Evaluation Record keeping over time allows the property owner to evaluate the effectiveness of the different control techniques. Making adjustments to control methodologies growing season to growing season will allow the property owners to customize the weed eradication and prevention programs to their site. 7. Long Term Commitment to Weed Management All weed management must be applied and evaluated over an extended time to be successful. This is particularly important with pasture weed management programs such as the Aspen Equestrian Estates Property. Be persistent in weed management, particularly with perennial weeds. Most weed management systems require several growing seasons to succeed. Weed infestations occur over time and are not cured in a single growing season. Seed dormancy of most weeds and extensive root systems of perennials means that weed management plans need to be implemented over extended time periods. The development of a weed management plan should take place during the summer when the AEE property can be surveyed and mapped for noxious weed species. I have attached Garfield's Noxious Weed List for your information. Specific control information for each of the different noxious weeds is available from the Colorado State University Cooperative Extension as well as Steve Anothony at Garfield County (970-625-3969). This information was assembled from Colorado State University Cooperative Extension Publications numbers 3.105 and 3.106, discussions with Steve Anthony (Garfield County's weed management biologist), and a review of the Pitkin County Noxious Weed Management Plan. If you have any questions or require additional information, please do not hesitate to call. Thank you for the opportunity to provide the preliminary components of Aspen Equestrian Estates Weed Management Plan. Very truly yours, Andrew Antipas Table 1. Garfield County Noxious Weed List Common name Leafy spurge Russian knapweed Yellow starthistle Plumeless thistle Houndstongue Common burdock Scotch thistle Canada thistle Spotted knapweed Diffuse knapweed Dalmation toadflax Yellow toadflax Hoary cress Saltcedar Saltcedar Oxeye Daisy Jointed Goatgrass Chicory Musk thistle Purple loosestrife Russian olive Scientific name Euphorbia esula Acroptilon repens Centaurea solstitalis Carduus acanthoides Cynogiossum q f icinale Arctium minus Onopordum acanthium Cirsium arvense Centaurea maculosa Centaurea di,ffusa Linaria dalmatica Linaria vulgaris Cardaria draba Tamarix pare flora Tamarix ramosissima Chrysanthemum leucantheum Aegllops cylindrica Cichortum intybus Carduus nutans Lythrum salicaria Elaeagnus angustifolia r P.a. Box 1908 1005 Cooper Ave. Glenwood springs, CO 81602 • • Z1NC4NELL4 4NI) 4550CI4TES, INC. ENGINEEPING CONSULTANTS March 13, 2000 Mr, Ron Liston Land Design 918 Cooper Avenue Glenwood Springs, CO 81601 RE: Water Quality Monitoring Dear Ron: (970) 945-5700 (970) 945-1253 Fax At your request, Zancanella and Associates, Inc. has reviewed the concerns of the Soils Conservation District with respect to ground water contamination at Aspen Equestrian Estates. We believe that the Colorado Department of Public Health and Environment and the Environmental Protection Agency have adequately addressed the concerns of the Soils Conservation District. The attached list of ground water parameters will be monitored by the Aspen Equestrian Estates water system through the homeowners association. The CDPHE required that all of these parameters be tested initially, and will require the homeowners association to rotate through the list on a three year cycle. The parameters are rotated so as not to place too large of a burden on the homeowners association at any one time. Levels of testing are increased or decreased depending upon results. The data for a water system is tabulated at the CDPHE offices with other systems in the area, This data would be available for the Soils Conservation District to review if they so choose. If you have any questions, please call our office at (970) 945-5700. Very truly yours. Zancanella & Associates, Inc. Thomas A. Zancanella, P.E. cc: Jay Weinberg Kit Lyon N \97000's1974201waterqualitymon.wpd GARFiELD COUNTY PLANNING DEPARTMENT 109 8TH ST. - SUITE 303 G LENWOOD SPRINGS, GO 81601 RECEIVED MAR I SX BARAGER LABORATORIES, Ilk. 15000 W. 8Th AVENUE. SUITE 300 GOLDEN. CO 80401 (303) 277-1687 FAX (303) 277-1689 Colorado Department of Public Health and Environment - DrlMdng Water Section REPORTING FORM FOR TRIHALOMETHANE (Reslulated) ANALYSES Please sample by c.AIS4CAR QUARTERS ONLY se required by STATE and EPA regulations YES ( X j or NO ( j THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS PWSID 1: None COUNTY: Garfield PATE COLLECTED: 09/13!99 SYSTEM/ESTABUSHMENT NAME; Preehame Faun -Appaloosa Well SYSTEM ADDRESS: CO1Isncane9a. P. 0. Box 1908 tomcod Springs CO 181602 Steer ccis s Pd eon L°ir P CONTACT PERSON: Brad Peak PHONE 970-545.5700 SAMPLE COLLECTED BY: Brad Peek _ TIME COLLECTED: 10:30 AM WATER TYPE RAW (X j or CHLORINATED ( 1 or OTHER TREATMENT ( 1 OrW II %alar new MAI 00 ear Iteea OErllsd D 1110 t Semple 1I1 Address: Acpabeas Well Wry* a2 AdOrsae Sample 13 Address: Sample 04 Addresac Semple 06 Address: PLANT NAME/NWIBEft Pregrema Ferm-Avpaloesa Wed (Cheek Me aporop<ia1a ootumn) DISTRIBUTION WT PLANT ( ) Chock nary it you how wM Ort oer++Oreor+ red" COPME to pertdm reduced romang LABORATORY SAMPLE V: 9909127-01 LA$ORATORY NAME: Swinger laboratories, Inc. DATE RECEIVED IN LABORATORY: 09/14/99 COMMENTS: CLIENT NAME or ID& LAB PHONE: (303) 277-1687 DATE ANALYZED: 0524!99 (ugj (uOti) AVERAGE EPA (ug►L) BLANK CONTAMINANT of RESULTS METHOD Lab MOL RESULT Chloroform 6766-3 12 alma 2.1 BOL Bramodictsioromethane 75474 2A 524.2 05 BOL Chlorodlbromdaeelane 124.48.1 142. MA 21 BOL Bromofonn 7S-25-2 12 Vail a Q TOTAL of Avenges 0.0 TOTAL Number of Sarno* Points iDO POI Mut* De,. rarer 10000 hint ra • nor 1Mae0 tor =roans -10.• MOOS 1810.210 M TM 01000 00 eel OD NMI a n Re WQrcas. Ka. waoosrs ear. Net 140. •Mroew"Coa a res heft ea.. COMMS Orel OMPAIa d w w DSO. M Lao MOL. IED Mros. • maleen MNeaOsOcluQI unary . rawer rMvwarlcs a 9cswwaa ns mem the k1asM dbr mac era ti wu I in Mo" ma vwoawrarrOrlm 61111 taro "WI NIT Ire Loa MOL cpcom ee Lao MCL rarrbear ivRoy Date MM. .L5 oO......Je at Rale mon ma rawarereatwOC -112.£ OremCrest OMSeuetDsrsr.CO10221.1310 Page 2 • PSW100: Mone PLANT NAME/NUMSEA: Preshturie • DATE COLLECTED: w13r14199 1ST Cf INDIVIDUAL SAMPLE POINTS fALL RESULTS SHOULD eE REPORTED IN vg/t) TRWALOMETHANES (Rest/ls1ed) SAMPLE LOCATION POINT i1 - LABORATORY S mPLE 4 94Q9127-01 ADDRESS; (utyL) (u4'L) EPA (wit) BLANK CONTAMINANT CAIS! RESULT ME11400 Lab NOL RESULT Chlonkarm 57-66-3 80L 524_2 0055 R©L, Bmcnoc ederemetnena 755-27-4 SOL 524.2 IA XL Cl4orad21ramometane 124-48-1 22.6 ,z1..2, 21 ROL Brorr1rrn 75-25-2 25OL 524.2 0.5 6CL SAMPLE LOCATION POINT 42 - LABORATORY SAMPLE II .CDFIESS: (leA) EPA CONTAMINANT QM! RST MET S2 67-55.3 NT Brvnw rxrmattrarae 75-27-4 NT 524.2 ChiorCabrvrram*mane 124-48-1 ►a ati 8rcxrxsForm 75-25-2 .. 624 2 GNU Bim' b MPi. Pg,SULT 0.5 NT 0.5 NT NT 1.5 NT SAMPLE LOCATION PCtNT t3 - LABORATORY SAMA 4: AGOAESS; {upr1-1 LTAYL) E_PA (141.1 BLANK CONTAMINANT CAS, RESULT MET}1OO tab MCL RESULT Callorolcrrn 57.66-3 .a 21t2 21 NT Brorlrockhororneeinne 76-27-4 NT 42 0.5 NY Morcxlibrornornethane :24-4&1 NT 524.2 0.5 NY Proem i0rm 75-25-2 a au la 'JT SAMPLE LOCATION POINT s4 - LABORATORY SAMPLE r: ACORESS: (uryL) ('aril.) EPA (u1}IL) BLANK CONTAMINANT CAS* NUL'. rMQL RESULT CrOoro4orm 67-66-3 NT 5242 05 NT Breen rornesNana 75-27-4 a. ` : a 0r1o0odebrOrnorne lame 124-i8-1 NT 242 (IIe NT 3rcmatorm 75-25-2 Y.E 5 4.2 ZS 1E SAMPLE LOCATION PONT 45-'..ASCRATCRY SAMPLE 4: AC)ORESS: CCNTAMINANr. CASA C1tkaroiorm 87-88-3 Bee modieNcremeenane 75-27-4 Chiareatxemomethane 124-48-1 8romakams 75-25-2 (u0A-) ;uIS-) EPA (VI-) 9LAN7[ RESULT MET} OO+ } tat.. RESt&r NT 524.2 405 NT T 524.3 41 E NT 524.2 Q055 NT NT IL NT LABORATORY#: 0000042 ._1410-11: 9909127-01 •10 It None Beffirc it Labowtodu, k . Omer. Preshama Farm-Aooalosaa wew 15000 w OM Ave, Golden. CO awl (309)27.1687 UNREGULATED VOC'S (TRIHALOMETHANES) (ug/L) (ug/L) EPA (ug/L) (ug/L) Blank Contaminant CAS * MCL Method MDL Result Result Chloroform 67-68-3 N/A 524.2 0.2 BOL SOL Bromodlchloromethane 75-27-4 N/A 524.2 02 BOL BOL Chlorodibromomethane 124-48-1 N/A 524.2 0.2 BOL BDL Bromoform 75-25-2 N/A 524.2 02 SOL BOL REGULATED ORGANIC CHEMICALS - VOC'S (ug/L) (u9AL) EPA (u9PL) (ug/L) Stank Contaminant CAS It MCL Method MDL Result Result 1,1-DioNoroethylene 75-35-4 7 524.2 0.5 BOL 1,1,1 -Trichloroethane 71-55-6 200 5242 0.5 BDL BOL 1,1,2 -Trichloroethane 79-00-5 5 5242 0.5 BDL BOL 1,2-Dichloroetfhane 107-06-2 5 5242 0.5 BOL BOL 1,2-Dldhloroptopane 78-87-5 5 5242 0.5 SOL SOL 1,2,4 -Tris hiorobenzene 120.82.1 70 5242 0.5 -WC BOL Benzene 71-43-2 5 5242 0.5 BOL -aL Carbon tetrachloride 56-23-5 5 5242 0.5 BOL cis-1,2-01chloroethyiene 158-59-2 70 524.2 0.5 BOL 801. Dichloromethane 75-09-2 5 524.2 0.5 1.4 1.6 Ethyibenzene 100-41-4 700 524.2 0.5 80L BOL Monochlorobenzene 108-90-7 100 524.2 0.5 SOL BDL o-0ichlorobenzene 95-50-1 600 524.2 0.5 BOL BOL para -Dichlorobenzene 106-46-7 75 524.2 0.5 BOL BOL Styrene 100-42-5 100 524.2 0.5 BDL 30L Tetrachloroethylene 127-18.4 5 524.2 0.5 BDL90L Toluene 106-88-3 1,000 524.2 0.5 30L BOL trane-12-Dlchloroett11ene 156-60-5 100 5242 0.5 BOL BOL Trichloroethylene 79-01-6 5 524.2 0.5 BOL SOL Vinyl chloride 75-01-4 2 524.2 0.5 BOL BO1. Xylenes (total) 1330-20-7 10.000 524.2 0.5 BDL SOL REGULATED ORGANIC CHEMICALS - SOChS (ug/L) (ug/L) EPA (ug/L) (ug/L) Blank Contaminant CAS * MCL Method MCI Result Result Dioxin 1748-01-6 0.00003 513 NT NT 2,4.0 94-75-7 70 515.1 1.0 BOL BOL 2.4,5 -TP 93-72-1 50 515.1 0.1 BOL Bal Alachlor 15972-60-8 2 525.2 0.3 BOL BOL Atrazine 1912-24-9 3 525.2 0.3 80L BOL Benzo(a)pyrene 50-32-8 0.2 525.2 0.1 SOL BDL Carboluran 1563-66-2 40 531.1 0.9 SOL BOL Chlordane 57-74-9 2 505 02 30L BOL Daimon 75-99-0 200 515.1 2.5 SOL BOL Dmromochioropropane 96-12-8 02 504.1 0.02 BOL BOL Dlnoseb 85-85-7 7 515.1 0.5 - BOLL 8DL Oiquet 85.00-7 20 549.1 0.4 SOL SOL Page 1 LABOPATORY#: C000042 OPORTA : 9909127-01 earrLrcor 1idareot++ot. 15coo W def Arr. G21660 t. CO 80407 (Ni 277.1887 REGULATED Contaminant D 2-ethythexyl} sdpai© D42-ethyihexyl) Phthalate Endothall Endrin Ethylene carom/de G lyphas.ale Hepttc►i0r Epaxide H axachlcrobenzerte l ne Linder* Met exy:Ner Oxwn A Pram Polychlorinated ny 3 S+r>nazine Tex/whom •PWSD N None Customer. Praanarre Flow Aepawaaa Wee ORGANIC CHEMICALS - SOC'S (CONT.) (ugrl.) CASA MCL 103-23-1 400 117-81.7 6 145-73-7 10C 72-20.8 2 709.93.4 0.05 1071-83-6 700 76-44.8 0.4 1024-57-3 02 118-74-1 1 77-47-4 50 58-89-9 02 72-43-5 40 23135.22-0 200 87-86-5 1 1918-02-1 500 1336-36-3 0.5 122-34-9 4 3001-35-2 3 EPA. Method 525.2 5252 548.1 505 504.1 547 525.2 505 525.2 525.2 5252 505 531.1 515.1 515.1 505 505 505 (ug/LJ MDL 0.5 0.8 9 0.2 0.01 42 0.2 0.2 0.1 0.1 0.1 1.0 0.1 1.0 05 0.2 1.0 ill Result SOL BDL .SQL 8❑L BDL NT BOL SOL BDL BDL BOL _ SQL SOL BOL BOL SOL SOL SOL (ugPt) Blank Result 80L BOL SQL BOL 9CiL NT BOL BO L BOL BCL BOL SOL BOL BOL BOL SOL BOL Contaminant C- tydrexyr. t oiuran Aid/cern Ak1rt'ar0 sullane Almb sudaldde A1dnn autarlilor Carbaryl Oirarriba Dieicirsn Met ernyi Matrtbuxin Propa[nlc( UNREGULATED ORGANIC CASA 16655-32.5 118438-3 1648-88-4 1648-873 309-00-2 2.3184-66.9 63-25-2 1918-00-9 60-57-1 16752.77-5 51218-45-2 21087-64-9 1918-16-7 (u9n-} MCL .wA NIA NIA N/A NPA NIA NIA NPA N/A NIA NIA NIA WA CHEMICALS - SOC'S EPA Method «25-14 MCL (u'c�lt-1 ++ug1L) Stank result fRezutt 531.1 1.0 3CL BDL 531.1 0.5 apt_ BOL 531.1 0.4 5OL SOL 531.1 0.5 SOL BOL 505 0.01 SQL SOL 5252 02 -757 BDL 531.1 '.0 SQL SOL 515.1 0.1 BOL SQL 505 0.01 SOL 3OL 531.1 0.5 BOL SOL 525.2 0.2 SOL BOL 525.2 0.2 BOL SOL 5252 02 SOL SOL Contaminant 1,1-Dionioroethart4 1,1-01chioropewene ¶.1.1.2-Tatrac V methane 1,1,21 -Tetrachloroethane 1,2,3-Trichiorobenzene 1 2.3 -Trish l©ropropene UNREGULATED ORGANIC CAS t 75-34-3 583-58..6 630-20-8 79-34-5 87-61-6 96-16-4 (ugrL) MCL N/A NIA NIA NPA NPA NIA CHEMICALS - VCC'S EPA Method Page 2 524.2 524.2 524.2 524.2 524.2 524.2 (ug&) MDL 0.5 0.5 0.5 0.5 0.5 0.5 (141-) Result -717 SQL SOL BOL SOL (ug/L) Blank Result BOL BO L BDL BOL BDL BOL SOL LABORATORYt C000042 r T11: 9909127-01 eamnper Laboratorius. Inc 15D00 W MAIM Golden. CO eo401 (3051277.1887 iD a Non. tomer. Pe.shsrne Farm-Appaloa . Will UNREGULATED ORGANIC CHEMICALS - VOC'S (CONT.) ) (ug/l.) EPA (ug/L) (ug/L) Blank Contaminant CAS # MCI Method MDL Result Result • 12.4-Trirnethyibenzene 95-63-8 WA 5242 0.5 BDL BDL 1,3-Diichloropropane 142-28-9 N/A 524.2 0.5 BDL BDL 1,3-Dichloropropene 563-58.6 WA 524.2 0.5 BDL 801 1,3,S-Tritnothylbenzene 108-67-8 N/A 524.2 0.5 BOL BOL 2,2-Dk hloropropane 594-20-7 N/A 5242 0.5 601 BOL Bromobenzene 108-86.1 WA 5242 0.5 BDL BOL Bromochloromethane 74-97-5 WA 524.2 0.5 BOL BOL Bromomethane 74-83-9 WA 524.2 1.0 801 BDL Chloroethane 75-00.3 WA 524.2 0.5 SOL BOL Chloromethane 74-87-3 N/A 524.2 1.0 SOL BOL Dbromomethane 74-95-3 N/A 524.2 0.5 8DL BOL Oichlorocifluotomethane 75-71-8 WA 5242 1.0 801 801 Atiorotrichlromethane 75.69-4 N/A 524.2 0.5 BOL BOL 87-88-3 WA 524.2 0.5 BOL BDL tacptapybenz.nta 98.82-2 N/A 5242 0S BDL BDL m.0ict Iorcbenzene 541-73-1 WA 5242 0.5 BOL Naphthalene 91-20-3 WA 524.2 0.5 BOL BDL n-Buuybenzene 104-51-8 WA 524.2 0.5 BOL n-Propylbenzene 103-65-1 WA 524.2 0.5 BOL Bbl o-CAbrotoluene 35-49.8 N/A 524.2 0.5 80L BDL p-Chlorotoluene 106-43-4 N/A 524.2 0.5 SOL BOL p-Isopropyttoluene 98-87-6 N/A 524.2 0.5 SOL SOL Sec-butybenz.ne 135-98-8 WA 524.2 0.5 BOL BOL Teri-butybenzene 98-06-8 WA 524.2 0.5 BDL 8D Codes used under ASSURE NT - indicates that water sample was not tested for the compound. 3 - indicates when the analyte is found in the associated Maracas visa as in the earnpte. jq _ . Mlchverame pet liter MCL - Mattitaam Canteminea Lind SOL - 'fakeers that the apmpound was 111f1114 2110 tor. but was beim detectable 'knits. Lab AWL - Laboratory Method Osrsrllcn LirNI - The data inclines the presence el a compound that meets Me idwwficaIlon criteria criteria but the mug is Mee than Ins sample gwneatten knit but greater then She Lab MOL (Above the Lab MOL but below the PQL) e Reviewed(4d4t, Organic Lab Manager 11/Z 2 f 1"tte: Date Page 3 l BARWIGER LABORATORW6, INC. 15000 W, 6TH AVENUE, SUITE 300 GOLDEN, GO 80401 (303) 277-1687 FAX (303) 277-1689 Colorado Department of Public Health and Environment - Drinking Water Section REPORTING FORM FOR ORIGINAL, PHASE II V INORGANIC ANALYSES SAMPLER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT or'COMPOSiTE SET YES ( X ] or NO ( I THESE RESULTS APE TO 9E USED TO FU FII. STATE SAMPLING REQUIREMENTS PWSIO 1: Noce COUNTY: Gardield SYSTEM/ESTABLISHMENT NAME: Presharna Farm Appakoeea Weil SYSTEM ADDRESS: 0/0 Z..noaruelia & Assoc. P.0. . Glenwood SO DAT E COLLECTED Og113199 CO 81602 _-" oCaro l PC+ acu Fr ATI CONTACT PERSON: grad Peek PHONE: 970-9456700 SAMPLE COLLECTED BY: Brad Peek TIME COLLECTED: 10:30 AM WATER TYPE: RAW [ ] or CHLORINATED (X I or OTHER TREATMENT f l SOURCE(S)e Aaoa►ocsaa We1 LOCATION(S): • address IPreshema Farm SAMPLE POINT(S): DO SAMPLES NEED TO BE COIIIPOSITED BY LABORATORY? YES ( ) NO ( ] LABOF ATOfIY SAMPLE t: 9909127-01 LABORATORY NAME: Barringer Laboraiortes, Inc. DATE RECEIVED IN LABORATORY: 9 MY/ c COMMENTS: CLJENT NAME or IDS: LAB PHONE: (303) 277-1887 DATE ANALYZED: 09123199 dm L) (m411-) EPA (argot) PARAMETER RESULT MCL METHOD Lab YOU ANTIMONY BOL 0.008 200.9 0.003 ARSENIC BDL 0.05 200.9 0.003 BARIUM 0.03 2,0 200.7 0.02 BERYLLIUM SDL 0.004 200.7 0.002 CADMIUM BOL 0.005 200.7 0.002 CHROMIUM BOLL 0.1 200.7 0.01 CO B01. 1.3' 200.7 0.01 CYANIDE SOL 0.2 335.4 0.01 FLUORIDE 0.5 4.0 300.0 0.1 LEAD BOIL 0.015' 200.9 0.002 MERCURY a0L 0.002 245..1 0.0002 NICKEL BOL 0.1 200,7 0.04 SELENIUM BOL 0.05 200.9 0.005 SODIUM 5 200.7 1 SULFATE 150 500.0" 300.0 1 THALLIUM BOL 0.002 200.9 0.001 NT = Not se ed for Con -comet runt -Milligrams pat 0101 MCL r Maximum Co+ tarnrnant Lave+ Lao MtIL = Labor Metriod Detecwcn L:mA Reviewed & oved by ?' NOT an MCL "Ac4Cx1 Laver NOT an Mci_ •Mcnitorh9 Roqurernern CtitP H . Holding tin.* 1'41 bean a coeacsecl Rca:xn C. Camram Jeacr++rr„ o }, w -e2. +OM Crwn'M Goan Salt udenre. CC K222- 15X1 1-2,7 i9? Date BARRINtlikR LABORATORIlt, INC. 15000 W. 6TH AVENUE, SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 Colorado Department of Public Health and Environment - Drinking Water Section REPORTING FORM FOR NITRATE/NITRITE as NITROGEN ANALYSES SAMPLER PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT or COMPOSITE SET YES (X ] or NO [ ] THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPUNG REQUIREMENTS PWSID #: None COUNTY: Garfield DATE COLLECTED: 9/13/1999 SYSTEM/ESTABUSHMENT Preshama Farm-Appalossa Well SYSTEM ADDRESS: C/O 2ancaneila P.O Box 1908 1Glenwood Springs {CO Street odcre5$ / PO Box CITY SATE 181602 CONTACT PERSON: E Brad Peek PHONE: 970-945-5700 SAMPLE COLLECTED BY: 8 Brad Peek TIME COLLECTED: 10:30 A.M. WATER TYPE RAW [ X ] or CHLORINATED [ 1 or OTHER TREATMENT [ SOURCE(S): LOCATION(S): - address SAMPLE POINT(S): Appalossa Well tPreshama Farm 1 DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY? YES [ 1 NO ( 1 LABORATORY SAMPLE *: 9 9909127-01 LABORATORY NAME Barringer Laboratories. Inc. DATE RECEIVED IN LABOR 9/14199 # COMMENTS: CLIENT NAME or ID#: LAB PHONE: (303) 277-1687 DATE ANALYZED: 9/27/99 (m9/L) (m9/L) EPA (mgt) PARAMETER RESULT MCL METHOD Lab MOL NITRATEJNITRITE-N 0.5 10.0 3532 0.1 NITRATE NT 10.0 NITRITE NT 1.0 NT = Not tested for Compound mgA. = Milligrams per Liter MM.= Maximum Contarninant Level Lab MIL = Laboratory Method Detection Limit H a Holding tirne has been exceeded Reviewed & Approved by 62,14---d225„, MAIL RESULTS TO: Cororoao Dem:wren, of HeafRt WOCD.0W42. 4300 Cherry Creek Soot% Denver. CO 802224530 Date • • LAND DESIGN PARTNERSHIP 918 Cooper Avenue, Glenwood Springs, CO 81601 970-945-2246 / Fax 970-945-4066 March 16, 2000 Kit Lyon Garfield County Planning Dept. 108 8th Street Glenwood Springs, CO 81601 Re: Aspen Equestrian Estates Final Plat Dear Kit: Herein and enclosed is information and documentation in response to your letter of March 9". I believe we have responded to all of your questions but we probably need to discuss a couple of the points. It may be desirable to meet fairly soon to clarify any remaining questions_ Do we have comments back from the County Attorney and Surveyor yet? As is noted in the attached letter from Herb Klein, we have made revisions to the SIA, Protective Covenants and Final Plat in response to your comments and those of Michael Erion Attached please find: 1 Tom Zancanella's letter dated March 13, 2000 regarding ground water monitoring. 2 Andy Antipas's letter dated March 13, 2000 regarding weed control. 3 High Country Engineers updated Public Improvements Cost Estimate dated February 28, 2000.. 4 Letter from High Country Engineering with an acknowledging signature from the Carbondale and Rural Fire Protection District. 5 Letter from Herb Klein dated March 16, 2000 responding to your letter. 6 Revised Protective Covenants 7 Revised SIA 8 Letter from Rob Cribbs and Richard Bowman approving the AEE community 4 water system, 1,41..`` ' c* -1- �, a 9 Revised Final Plat M1" ' ' v) Herb Klein's letter responds to your comments in detail but I would offer just a couple additional explanations. The cost estimate is attached herewith for those improvements not yet_instalied and confirmed by High Country Engineering. The estimate also includes the final payment to the Ranch at Roaring Fork for the sewer treatment plant. The can and will serve letter for s1 the threeyymodel home is not a GAiHh E.LU t.A.1 N' FLS :INlt'Jv2 DEPA l T ME1 1t1 Arlt ~T. - SUITE G LENWOOD Sf N4S, CA) elrXr T Itdr- condition for approval of the final p[at)This along with the Fire District's approval of a method of providing temporary fire protection for these houses is required before a building permit can be issued for the three model homes. Although, in a conversation today with Mike Bell, Manager at the Ranch at Roaring Fork, it sound like the sewer plant could be under construction before we have the final plat recorded. Payment will be made to the Fire District prior to the BOCC review of the Final Plat. Do we deliver the check for the school district fees to you a few days before the BOCC review? The attached letter from HCE and Bill Gavette provides the Fire District's final approval. Regarding Michael Erion's letter, I would offer the following in the same numeric order as his letter: 1. The cost estimate is attached. 2. Discussed above.. 3. Fire District approval is attached. 4. Community water system approval letter is attached. 5. OK 6.. Plat note 17 is as worded by the County and as we have presented for formal approval by the County. Given the concern regarding changes to the specific language of the approving resolution, I am not clear on how we should respond L. to this item. Please give me guidance. 7. Construction Drawing Sheet 6 has been revised and is being forwarded under separate cover to you and to Michael Erion. 8. Covenants have been revised and a note added to the Plat. 9. Trail location on Sheet 11 has been revised and is being forwarded under separate cover to you and to Michael Erion. la Construction Drawing Sheet 18 has been corrected and is being forwarded under separate cover to you and to Michael Erion. 11. Blanks have been filled in. 12. Additions have been made to the Covenants and Plat. Thank you for your assistance. l am looking forward to your further guidance and any remaining Staff comments, Sincerely, Ronald B. Liston Enclosures xc: Herb Klein Jay Weinberg SSW P RECIEW0 APR 1 1 al -April 10. 2000 Michael Erion, P.E. Wright Water Engineers. Inc. 818 Colorado Avenue P.O. Box 219 Glenwood Springs, CO 81602 Re: Aspen Equestrian Estates — Percent Complete of Construction HCE Project No. 99030.03 Dear Michael: The purpose of this letter is to address the percentage of completion for the construction on the Aspen Equestrian Estates. Based on periodic observations of the construction in progress, the sewer improvements (which include the sewer main, sewer manholes, 4" and 6" sewer services. sewer cleanouts to the pool house, concrete encasement, and connection to the existing manhole) for Aspen Equestrian Estates have been completed in compliance with the approved construction documents 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 at Roaring Fork). Based on periodic observations of the construction in progress. the water improvements (which include the 1" and 2" water services. 8" water main, bre hydrants. and gate valves) have been completed in compliance with the approved construction documents and the Garfield County Regulations. At the time of the Engineer's Opinion of Probable Construction Costs for Public Improvements, February 28, 2000. Holy Cross Electric and KN Energy have been paid their contract fees. Also, portions of the following items have been completed: earthwork (45%), mobilization (57%), and shallow utility trenches (80%). Included with this letter is the current pay request from M & M Construction. Their percent complete is greater than these values, based on the work completed during the month of March. Please contact me if you have any questions or need additional information. Sincerely, HIGH COUNTRY ENGINEERING, INC. Leslie A. Hope, F.E. Project Manager Enc cc. Kit Lyon, Garfield County Building and Planning Ron Liston, Land Design Partnership Janet Lightfoot, Aspen Equestrian Estates Tom Zancanella, Zancanella & Associates 923 Cooper Avenue Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945-2555 14 Inverness Drive East, Ste 8-144 Englewood, CO 80112 phone 303 925-0544 • fax 303 925.0547 Aapon Equestrian Eslales Applicalion for Progress Payment Period End: 3/31/00 Current Period Project To Dale Item Description Quantity Units %Comptele Total " Complete Total Rid Amount Remaining 1 Fartlnwork 1 1.5. 0% 0 45% 10,135 22,525 12.390 2 Wiwi al maleiial 100 C Y 0% 0 0% 0 1,850 1,850 3 Mohillralmn 1 1.5 0% 0 57% 14,650 25,630 10.980 4 3' asphalt 9,045 5 Y. 0% 0 074 0 72,3130 72,380 5 Class 6 Agri Rase 2,714 C Y, 0% 0 0% 0 45,052 45,052 6 3a4'water soma! 411 F.A. 0% 0 100% 45,120 45,120 (0) 7 2" water servke 1 EA. 0% 0 100% 1,650 1.650 0 8 8" DIP wale' main 2.990 L F. 0% 0 100% 77,741 77,741 (0) 9 FKe hydrants 6 E.A. 0% 0 100% 15,210 15,210 101 10 11" (laic valwrrl' '' 4 EA, 0% 0 100% 2,580 2.580 (0) 11 Wale" lank 1 L 5. 0% 0 401 32.151 80.375 48,224 12 Wgler lank amine:: tc.ns 1 L 5. 38% 4,649 36% 4,649 12.250 7.601 13 ru/np rim rce 1 L 5. 0% 0 0% 0 0 0 14 Pump a man Irruutrrs 1 L.S. 0% 0 0% 0 0 0 15 8' sower mart 3.314 1 F. 0% 0 100% 93,443 93,443 0 16 1' srwwv sr',w.'s 46 EA. 0% 0 100% 48,010 46,080 (0) 17 6' sewer services 1 EA. 0% 0 100% 1,145 1,145 0 18 Manholes 17 EA 0% 0 300/. 27,115 77,115 0 19 Encasr1110n1 arwcr 20 1 F 0% n 10n% 420 420 0 20 Conn ierArmy sewer 1 t. 5 0% 0 If$I1 390 390 (0) 21 4'rlrk(y1enrh 3.030 1 F 19% 3.245 1001 17,771 17.271 0 22 3" Marry lrrrw.h 3,190 1 F 6% 0 100% 16,588 16,5811 0 23 Translnrmer vault 24 EA 33% 7,601 Mini, 7,800 7,800 (0) 24 4` rpnnrkil ',leering 7311 1 r 0"R, 0 1 nn% 3,570 3,570 0 75 111" AI15 e.uhata( 127 1 I 0% 0 51"13 1,461 7,851 1.384 28 24" ADS crdw rt 135 I. f 0% 0 511 S 2,397 4,158 1,761 27 36' ADS Culvt'rl 92 1. 5. 0% 0 055 2,777 4,255 1,478 28 18" ADS ends 2 EA. 0% 0 56% 196 350 154 29 24' ends 4 EA. 0% 0 55% 532 960 428 30 36' encs 4 EA. 0% 0 75% 1,949 2.60(1 651 31 Dever/Malion11 and r.1pu1g 1 1 5 0% 0 0% 0 13,650 13,850 32 Equeslnanital 1,700 t F 0% 0 0% 0 8,820 8,820 33 I iglu! poles 4 FA 0% 0 096 0 2,400 2.400 34 C31 sign 5 EA 0% 0 0% n 1,250 1,250 35 Fir -morn' "'morn! 1 1 5. 0% 0 817% 5,455 6,350 895 florid dcdrrcl on 1 EA 0 n (10.500) (1051x11 SUI1TI)ifI 10,494 432,481 653,310 220,829 Change Orders/Changes t 514' water to 1" wirer 0% 0 100% 4,935 4,935 0 2 Less 1321.E 8' DIP Mart 137 1 r 0% 0 100% (3,551) 13,551) 101 3 Asphalt changes 0% 0 n% 0 25,640 21.640 4 Pool area sorvtres 0% 0 100% 12,065 12,085 0 5 E TC d Gas ur44y changes Deductions r;as TrnrJlrontonM.ndI 0% 0 t00% (73,063) (23,083) 0 . Addition., TrenrJdt;nndul 75% 28,083 100% 31.444 37,444 0 8 Sleet wale" Lank 0% 0 0% 0 5.750 5,750 TOTAL Note 'i. Cnrnpinlinn includes marmots co I and labor 38,577 4801711 708L529 24619 r- �RFCEIVEDM.fp 161flu7 STATE OF COLORADO Bill Owens. Governor lane E. Norton, Eu,ecutne Oirecmr ,Dedicatee to prctectrr.g 3rd irrprswrg U -e ?-eahh and ervironrnent of uie people or Colorado Grand Junction Rt onal orrice 222 S. 6th St.. Rra 232 Grand ;unction, Co 81501.2'0A Fax i97O) 248-7198 March 13. 2000 Aspen Equestrian Estates Subdivision Attn.: Mr. Jay 'Weinberg, Owner/Developer 3275 County Road 100 Carbondale, CO 81623 Dear Mr. Weinberg: Colorado Department of Public Wealth and Environment Re: Capacity Development Plans Review Approval for the Aspen Equestrian Estates Subdivision, Appaloosa Well, Chlorination System, and Storage Tank PWSID# PENDING, Community, Garfield County The design and construction specifications for the Aspen Equestrian Estates Subdivision Potable Water Supply System, received on November 16, 1999, January 26, 2000, and March 6, 2000 have been received and reviewed in accordance with Article 2.1.5 of the Colorado Primary Drinking Water Regulations, and are hereby approved under the following conditions: 1. A microscopic particulate analysis (MPA) must be done on the well source prior to treatment. between mid-May and mid-June, 2000. The results must be sent to this office within two weeks after receipt or no later than July 14, 2000. The water system will be required to meet the requirements of the surface water treatment rule if the MPA results indicate that the well is under the influence of surface water. 2. The Division will resend the water system approval if the MPA is not conducted or the results are not sent to this office by July 14, 2000. 3. A detailed vulnerability assessment must be completed when the system receives a public water system identification number (PWSID) to determine if the system qualifies for reduced chemical monitoring. Please contact John Payne at (303) 692-3532 for further details concerning the vulnerability assessment. 4. A lead and copper study must be completed when the system receives a public water system identification number. Please contact Dave Rogers at (303) 692-3535 for further details concerning the lead and copper study. GARFIELD moire r L f.r zNt! :`. DEPARTMENT E'NT , 100 ?ill FAT. E.tJ1 VV.- 303 GLENWDOD SF PINGS, dGS, CO 81601 RECEIVED MAR 7 TM • Aspen Equestrian Estates Subdivision. Garfield County Page 2 of 3, March 13. 2000 A operations and maintenance manual. following the minimum outline from the State of Colorado New Vater System Capacity Planning Manual, must be completed and made available to the water system administration or owner. and certified water treatment operator. The manual must be completed within three months after receiving a PWSID. Enclosed is a table of contents to be Co. llowed when dew eloping the operations and maintenance manual. A GPS latitude and longitude location must be provided to the Division within three months after receiving a PWSID number. The location must be in degrees, minutes and tenths of a minute. All change orders and addendures must be submitted to this office in duplicate for approva \Vhen approved, one copy will be retained and one copy returned to you. Once construction has begun on the project, a representative from the Department may conduct an interim construction inspection_ Prior notice will be given to such an inspection. When construction is estimated to be within 60 days of completion. this Department must be contacted by the project engineer. A representative of the Department may schedule a site visit to conduct a final construction inspection before the plant is placed on tine. In accordance with the Colorado Primary Drinking Water Regulations, water quality monitoring shall commence no later than at the time that the system reaches 15 taps or serves twenty -Eve people for sixty or more dans per year. You must notify this office in writing when the water system meets the definition of 15 taps or serves twenty-five individuals for Arty days per year so a Public Water System Identification ,'umber (PWSID) can be assigned. Failure to notify the Division will result in a violation of Colorado Primary Drinking Water Regulations, This Department is informing the Operator Certification Board that under their current regulation a Class "D" level operator is required to be in direct charge of the water treatment plant. Approval of this proposed project is based only on engineering design and the facility's ability to provide safe potable water, meeting the Colorado Primary Drinking Water Regulations. Approval shall in no way influence local planning decisions. Any point source discharges of water from your facility are potentially subject to a discharge permit under the State Discharge Permit System. Any point source discharges to state waters without a permit are subject to civil or criminal enforcement action. If this facility has any discharges without permits, you are required to contact the Water Quality Control Division, Permits and Enforcement Section, at (303) 692-3500, regarding permit requirements. A representative from the Department may conduct an inspection. Prior notice will be given to such an inspection. Aspen Equestrian Estates Subdivision, Garfield County Page 3 of 3, March 13, 2000 If you have any questions, please call Robert Cribbs at (970) 248-7199. S in.cerely . Rotcrt Cribbs Engineering Technician Water Quality Control Division Richard H. Bowman, P.E. West Slope Supervisor Water Quality Control Division Enc. to Erica Kannely: Plans Review Submittals and Drinking Water System Plans and Specifications Checklist CC: High Country Engineering Inc., Mr. Charlie Berger, F.E., 923 Cooper Ave., Glenwood Springs, CO 81601 Mark Bean, Garfield County Planning Department Dwain Watson, D.E., Technical Services Unit, WQCD Sharon Ferdinandsen, Plant Operators Certification Board, WQCD Erica Kannely, Compliance Monitoring and Data Management, WQCD Dave Rogers, Compliance Monitoring and Data Management, WQCD John Payne, Technical Services unit, WQCD R. Cribbs, WQCD rrc Y r1Hl{-Ui'-UU I HU t.14: .1J 1'41 H l ti UNI KY 1.NU I NbE J< I Nti 1"1 -Pt NU. ;11045 X555 t'. U 1 r'rRECEI%ED HAR (} G ?OM ■■■:.' ,..t. p e I t 2. 2000 li I I C;,%vL:LI Ciui ondlIc Rural Vire J'rutcction District 300 Mc,uiowoncl Drive C'arbond,de, CO 81623 Via Fax: 963-0569 Re: Aspen Equestrian Estates Fire Protection Design I ICE Project No. 99030.03 I?tiatr l\Ir. phis 14.:It'r is pursuant to the meeting we had today regarding the fire protection. system ii+r ASpest Eclue; tri.ut ).,takes. The fallowing items are the issues we agreed to today at this meeting: . SI et: WC are providing a dry hydrant for !r'l1ur pumper trucks, a gcncrator will not be required kir this • uhdivisum. The )Fire Department pump truck will tierve its a ineelt,Inleal backup for the system. A sin�.Lle electrical service %•ill be provided to fire water treatment / pumping building. Since tlsc fir pump has the. highi:st energy demands, the redundant service for the tire pump will not he required. The ervice to the water treatment / 1riiinping building will be on a 200 amps, 3 phase 460.volt service. '!he 200 amp service provides .t service factor of 125% of the service load to the system. 4. We: will provide a manual switch that will override the automatic controls for the fire pump. This will provide. an emergency start for the fire pump. 92 4 ('nnprr Avenue f:lenw°00r! $prinuc, CO 11160! phone 970 915-.1;6 ;.'.$ -jus 970 94.+-3555 GARFIELD COUNTY -- PLANNING DEPARTMENT 109 8TH ST. - SUITE 303 GLENWOOD SPRINGS, CO 81601 lJ lnvrrnes.r Drive Fnsl, Sre 1t-141 Eorgir4'0(=d, CO 40Irx phone JO) 925.0544 • far 3113 9Z5-0547 RECEIVED MAR 1 7 2Q00 Qit<—ue—uu I ttu U4 : 4U 1'i1 H I GJ UNTRY ENGINEERING FAX NO. 97145 2555 P. 02 Gavetie l'.. e 2 March 2. 2000 If tltc above-described items are acceptable. please sigh this loner and send a copy back to us. We will provide this letter to Garfield County to serve as acknowledgment of %.)fistyi1);; the Carbondale: Fire Protection District's concerns with the fire protection for this subdivision. PI, ase: fed free to give me as call i f there are any further questions or concerns. Sincerely, 111011 C;C)IJN'rRY I;NGLNL:LRLNG, INC. t -4..,QACLL -10i3 1 Leslie f lope, P.F.. t io ect Manager Col -1)0111.W :tut a1 Fir.: Protection District Bill Gavel re. Fir'. Chief (p par i. Cc: R1)I'I Liston Janet Lightfoot, Aspen Equestrian Estates Torn L;incanclla, Zancanclla 8.1 Associates • From: Milosh Puchovsky <mpuchovsky c@nfpa.org> To: gavette carbondalefire.org <gavette@a carbondalefire.org> Date: Tuesday, January 04, 2000 7:08 AM Subject: NFPA 20 Page 1 of 2 Mr. Gavette. I have used the 1999 edition of NFPA 20, Standard for the Installation of Fire Pumps, in preparing this response. Please note that there has been errata issued for section 6-2 of NFPA 20. The term "of' in the second line is to be replaced with the term "or" so that section 6-2 now reads "Power shall be supplied to the electric motor -driven fire pump by a reliable source or two or more approved independent sources, ..." The exception remains unmodified. The term independent is used to describe power supplies such that when one power supply is effected the other remains operational. The types of power supplies are identified in sections 6-2,1, 6-2.2, 6-2.3 and 6-2.4. This correspondence is not a Formal Interpretation issued pursuant to NFPA Regulations. Any opinion expressed is the personal opinion of the author, and does not necessarily represent the official position of the NFPA or its Technical Committees. In addition. this correspondence is neither intended, nor should be relied upon, to provide professional consultation or services. Sincerely, Milosh Puchovsky, P.E. Senior Fire Protection Engineer Date: 12/7/99 5:44 PM From: Bill Gavette RE: NFPA 20, Section 6-2, 1999 edition. What type of independent power sources are generally required to meet this standard? Bill GavetteCarbondale & Rural Fire Protection DistrictEmail: ga_v_ette a�(''�carbondalefire.org(mailto:gavette a©carbondalefire.org)300 Meadowood DriveCarbondale, CO 81623Membership # 000168051 RFC822 header From gavette©carbondalefire.org Tue Dec 07 17:25:24 1999 Received: by maill.nfpa.org from localhost (router,SLMaiI V3.2); Tue, 07 Dec 1999 17:25:24 -0500 Received: from eagle.nfpa.org [10.0.0.1 ] by maill.nfpa.org [10.0.0.3] (SLmail 3.2.3113) with SMTP id 330FDAA4ACAF11 D39FDBOOAOCC3D1 F51 for <sysandappCr nfpa.orq>; Tue, 07 Dec 1999 17:25:24 -0500 Received: from smtp.rof.net ([209.38.34.254]) by eagle.nfpa.org via smtpd (for mail.nfpa.org [10.0.0.3]) with SMTP; 7 Dec 1999 22:31:43 UT Received: from fire (ptpc59.rof.net [204.56.50.591) by ns. rof. net (8.9.118.9.1) with SMTP id PAA16654 for <sysandaapp c@nfpa.org>; Tue, 7 Dec 1999 15:27:08 -0700 (MST) Message -ID: <000eOl b#4104$949aa2a0$0301 a8c0@fire.rof.net> From: "Bill Gavette" <pavette ftcarbondalefire.orga To: "Pat McDonald" <sysandappjnfpa.org> 3/2/00 -vyucizik ``._. _ck_ ecu tour ccrth4 G, toe ASPEN EQUESTRIAN ESTA TES � ENGINEER'S OPINION OF PROBABLE A"'ONSTRUCI`1ON COST FOR PUBLIC IMPROVEMENTS 6 AAA 11L9/v-- L ``ITEM LJDC I .. EARTHWORK . EARTHWORK 145% COMPLETE)` UNSUITABLE MATERIAL REPLACEMENT MOBILIZATION (57% COMPLETE) ROA ,ASPITALT (4" DEPTH) CLASS 6 ABC (8" DEPTH) $. DOMESTIC WATER 314" COPPER WATER SERVICE 1100% COMPLETE) 2' POLYETHYLENE WATER SERVICE ( t00%COMP.) 2" WATER SERVICE TO POOL HOUSE 1100% COMP.) 8" DIP WATER MAIN (100% COMP.) FIRE HYDRANT & .aPPURT (100% COMP.) 8"" GATE VALVE (100% COMP WATER TANK 12,00K STEEL) WATER TANK APPURTENANCES PUMP HOUSE PUMP HOUSE APPURTENANCES (INCLUDING PUMPS( 8" SDR 35 SEWER MAIN (100°.x. COMP.) SDR 35 SEWER SERVICE (100% COMP.) 6" SDR 35 SEWER SERVICE (100% COMP_) UANT1T UNIT UNIT COST COST I L.S. 512,390.00 S12.390.00 100 CY 518.50 51.850.00 1 L.S. 5480,00 5480.00 9045 SY 59.15 582.761..75 3391 CY 516.60 556.290.60 48 EA. 50.00 50.00 I EA 50.00 50 00 490 LF 50.00 50 00 2758 LF. 50.00 50.00 6 EA 50.00 50.00 4 EA 50.00 50.00 1 LS 580.375.00 580.375.00 1 LS 512.250.00 512.250.00 I LS 525,000.00 525.000.00 1 LS 590.000.00 590.000A0 3314 LF 50.00 50.00 48 EA 50.00 50.00 I EA 50.00 50.00 6" SDR 35 SEWER SERVICE TO POOL HOUSE (100% COMP.) 495 LF 50.00 50.00 SEWER CLEANOUTS FOR SERVICE TO POOL HOUSE (100% COMP.) 5 EA 50.00 50.00 SEWER MANHOLE (100%COMP.) 17 EA 50.00 50.00 CONCRETE SEWER ENCASEMENT (100✓o COMP.) 20 LE 50.00 50.00 CONNECT TO EXISTING MANHOLE 1100% COMP.) 1 LS 50.00 r 00 FINAL PAYMENT TO RANCH at ROARING, FORK 1 LS 5157,500.00 5157,500.00 (AS PER AGREMENT) r >'" '1,f C^ OMM° -=�1�s )i_1 DETARTMESY I 109 8TH ST.- SL''1ITE 303 GLENWOOD SPRINGS, CO 81601 RECEIVED MAR 1 7 2000 • • SHALLOW UTILITIES 4' UTILITY TRENCH (E -T -C)(80% COMP.) 1056.8 LF 55.70 56.023.76 HOLY CROSS ELECTRIC CHARGES (100% COMP.) 1 LS. 50.00 50.00 INSTALLATION OF HOLY CROSS' CONDUIT (80°o COMP.) 1128 LF 53.19 53.598.32 IiN ENERGY CHARGES (100% COMP.) 1 LS. 50.00 50.00 1 I.2" CONDUIT & INSTALLATION (80%COMP .) 170 LF 53.82 5649-40 2' CONDUIT & INSTALLATION I80% COMP.) 170 LF 53.95 5671.50 ELECTRIC TRANSFORMER VAULT (100%COMIP.) 15 EA 50.00 50.00 STORM DRAINAGE 18" ADS N-12 127 LE $22.45 52.851.15 24' ADS N-12 135 LF $30.80 54,158.00 36" ADS N-12 92 LF 546.25 54,.355.00 18' ADS N•12 M.E.S. 2 EA $1.75.00 5350.00 24" ADS N•12 M.E.S. 4 EA $240.00 5960.00 36" ADS N-12 M.E.S 4 EA $650.00 52.600.00 REVEGETATION_ REVEG. WITHIN RIGHT OF WAY 1 LS 513.650.00 513.650.00 MISC.IM.PROVEMENTS4 .. - EQUESTRIAN TRAILS 1200 L.F. $7.35 STREET LIGHT POLE 4 EACH 5600.00 CLASS 1 GROUND SIGNS 5 EACH $250.00 EROSION CONTROL (90% COMP.) 1 LS $635.00 58.820.00 52.400.00 51.250 00 5635.00 TOTAL $571.x69.48 This opinion of probable construction cost was prepared for estimating purpog_76nly. This estimate does not include engineering services,,constructian staking, surveying, al;) feed, construction testing, or construction administration. High Country Engeering, Inc. cannot be herd responsible for estimate as actual costs may for variances from this vary due to bid and market fluctuations. kit uu.- sA-( 1 L- s\, , n ae, _etik- it c) Pli- (}, uuvi'li AAL) 0,1-6' \r/F4k: t s • IATA►1 Wright Water Engineers, Inc. 818 d Colorado Ave PO Box219 Glenwood Springs. Colorado 8 P 602 (970( 945-7755 TEL (9701945-9210 FAX 13031 893-3608 D NvER DIRECT LINE March 13. 2000 Kit Lyon Garfield County Planning Office Post ;t Fax Note 109 Eighth Street, Suite 303 GIenwood Springs, CO 81601-3303 RE: Aspen Equestrian Estates Final Plat Dear Kit: 7671 C10.4:0, "..<1,C. c4 At your request. Wright Water Engineers, Inc. (WWE) has reviewed the Final Plat submittal for Aspen Equestrian Estates. The submittal was not complete as outlined in our comments below. We will provide additional comments when the missing items are submitted. Review Coni nients 1. The SIA is missing the cost estimate and the supporting documentation. 2. A letter from the Roaring Fork Club stating there is existing capacity for the three model homes was not submitted. 3. A letter from the Carbondale and Rural Fire Protection District regarding approval of the water system with respect to fire protection was not submitted. 4. Evidence of approval of the water system from the Colorado Department of Public Health and Environment. Water Quality Control Division was not submitted. 5. Well Permit No.'s 053322-F, 053323-F, and 053232-F were issued by the Division of Water Resources and are consistent with the water supply plan for the project. 6. Plat Note 17 should be reworded to specifically indicate that a site-specific geotechnical study is required for each lot. 7. Note 4 on Sheet 6 of the plans should read "...to prevent erosion...". 8. Section 2.10 of the covenants should indicate that no development or construction should occur in wetland areas. In addition. the text from Notes 2 through 7 on Sheet 6 of the plans should be included in this section. A Plat note should also be added that includes the above text. RECEIVED MAR 1 3 2000 DENVER (303) 480.1 700 DURANr 019701 259.741 8OULDER - (3031 4 73-9500 • Kit Lyon Garfield County Planning Office March 13, 2000 Page 2 9. The backup well shown on Sheet 11 of the plans is located on the trail. The well or the trail should be relocated. 10. Note 4 on Sheet 18 of the plans should read "...by the separation and crossing notes on Sheet 16...". 11. The blanks in paragraph 3.14 of the Covenants need tilled in. 12. Paragraph 6.4 of the Covenants should indicate that landscape irrigation is limited to 2,500 square -feet per lot in accordance with the limitations included in the well permits for the project. This text should also be included as a Plat note. Please call if you have any questions or need additional information. cc: Don DeFord, Esq., Garfield County Leslie Hope, High Country Engineering, Inc. I , F. W WE\921-047.060\FinalPlat[ieview.doe Very truly yours, WRIGHT WATER ENGJNEERS, INC. , By:, i / i / Michie . Erion P.E. Water Resourcds Engineer Garfilli County Treasurer - Recei of Tax Payment Receipt 1057 PARCEL NO: 2391-312-00-023 SCHEDULE: R111604 DATE RECEIVED: 02/10/2000 RECEIVED BY: PP ASPEN EQUISTRIAN ESTATES, LLC 719 5TH STREET MIAMI BEACH, FL 33139 DESCRIPTION: SECT,TWN,RNG:31-7-87 DESC: A TR IN NW1/4 SITUS: 003275 100 RD CARBONDALE 81623 PAYOR: REFERENCE: AMOUNT ASPEN EQUISTRIAN ESTATES, LLC CHECK 5426 9,126.84 1999 TAX TOTAL RECEIVED 9,126.84 TAX PAYMENT WHOLE 9126.84 ALL CHECKS SUBJECT TO FINAL COLLECTION THANK YOU - Garfield County Treasurer P. O. Box 1069 Glenwood Springs, CO 81602-1069 • • Report Date: 02/1412000 04:17PM GARFIELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #: 20000495 SCHEDULE NO: R111604 ASSESSED TO: ASPEN EQUISTRIAN ESTATES, LLC ORDER NO: VENDOR NO: RON LISTON 918 COOPER AVENUE 719 5TH STREET MIAMI BEACH, FL 33139 GLENWOOD SPRINGS, GO 81601 LEGAL DESCRIPTION: SECT,TWN,RNG:31-7-87 DESC: A TR IN NW1/4 SITUS: 003275 100 RD CARBONDALE 81623 PARCEL: 239131200023 SITUS ADD: 003275 100 RD CARBONDALE TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL TAXES 0.00 TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL ASMT 0.00 TAX YEAR TAX LIEN SALE TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE TOTAL STATEMENT 0.00 GRAND TOTAL DUE AS OF 02/14/2000 0.00 ORIGINAL TAX BILLING FOR 1999 TAX DISTRICT 011 - IR -MF Authority Mill Levy Amount Values Actual Assessed GARFIELD COUNTY 8.812 1,269.12 Land 68710 19930 CARBONDALE FIRE 4.253 612.51 Exempt 0 0 BASALT H2O 0.082 11.81 Improve 677030 124090 COLORADO RIVER H2O 0.282 40.61 -_____ -W_-- _._._..,..- SCHOOL RE -1 41.445 5.968.91 Total 745740 144020 COLORADO MT COLLEGE 3.655 526.39 ROAD & BRIDGE FUND 1.205 173.54 SOCIAL SERVICES DEPT 0.883 127.17 GARFIELD CAP EXP 2.755 396.78 FEE FOR THIS CERTIFICATE 63.372 9,126.84 - TAXES FOR 1999 10.00 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 AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - 01 -JAN -97. REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST 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 schedule number. personal property taxes, transfer tax or misc. tax collected on behalf of other entities, speeial or local improvement district assessments or mobile homes. unless specifically mentioned. I, the undersigned. do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may stili he redeemed with the amount required for redemption are as noted herein. In witness whereof. 1 have hereunto set my hand and seal this 14th day of February. 2000. TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY P. O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 Form No. GWS -25 COLORADO SION OF WATER RESOURC 818 Centennial Bldg„ 1373 S+ierman St. Denver Colorado 80243 {3031 866-358' Appaloosa Well APPLICANT E?VED MAR fl ?nfn 1095 WELL PERMIT NUMBER 053322 - F DIV_ 5 WD 38 DES. BASIN MD Lot atbc{s Fitir7g Subdiw ASPEN EQUESTRIAN ESTATES ASPEN EQUESTRIAN ESTATES 3275 CO RD 100 CARBONDALE, CO g1623- (970)963-9397 PERMIT TO USE AN EXISTING WELL ,APR VED WELL LOCATION GARFIELD COUNTY SE 1)4 NW 114 Section 31 Township 7 5 Range 87 W Sixth P.M. DISTANCES FROM SECTION LINES 1826 Ft, from North 1934 Ft. from West Section Line Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material inlurr to existing water rights. The issuance Or this permit does not assure the applicant that no injury wail 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 shalt be in comoiiance with the Water 'Nell Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Ruie 18. 3) Approved pursuant to CRS 37-90-137(2) for the use of an existing welt. appropriating ground water tributary to the Roaring Fork River. as an atternate point of diversion to the Basalt Conduit, on the condition that the well shah tie operated Doty when the 'Basalt Water Conservancy District's substitute water suptJly 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. SWCD contract #343,. 41 The use of ground water from this well is limited to ordinary housenold purposes inside 47 single family dwellings and three employee dwellings, the irrigation of not more than 3.4 acres of gardens and lawns. the watering of livestock. and commercial uses associated with an equestrian facility. All use of this well will be curtailed unless trie water allotment ;,ontract or a plan for augmentation is in effect. 5) The simultaneous maximum pumping rate of this well and any other well operating under BWCD contract *343 shall not exceed 100 GPM. 6) The combined annual amount of ground water to be appropriated by this well and any other well operating under BWCD contract #343 shall not exceed 36.4 acre-feet. This well is known as the Appaloosa Weal. 7) The owner shalt mark the well in a conspicuous {dace with well permit numDer(s), name of the aquifer, and court case numbers) as aporoonate. The owner snail take necessary means and precautions to preserve these mat-langs. 8) This well shall be Located not rotate than 200 feet from the (oration speafied on this permit and not less than 600 feet from any existing well, not owned by the aopiicant' 9) A totalizing flow meter must be installed on this welt and maintained in good working order. Perananent records of ail diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 10) Approved tor the installation of a pump in. and ttte use of, an existing well. constructed on September 9, 1999. under monitonnq note notice MH -36529-k, APPROVED JQ2 1 State Engineer `ReceiotNr7. {7453202 DATE ISSUED t'i!'!6 () r EXPIRATION DATE M Q 20 Form No. GWS -25 Arabian Well APPLICANT OFFICE OF THE 411KTE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Certennaal t3lag., 1313 Sherman 5t_ Denver. Coierado 80203 (303)868-3531 • '095 WELL PERMIT NUMBER L_ - DIV. 5 WO 38 0E5. SAS IN MC3 Wr eieek: =ding: Su.bdbi: ASPEN EQUESTRIAN ESTATES ASPEN EQUESTRIAN ESTATES 3275 CO RD 100 CARSONDALEE, CO 81623- (970) 963-9397 PERMIT TO CONSTRUCT A WELL APPRC}VE] WELL LOCATION GARFIELD COUNTY SE 114 NW 11.E Section 31 Township 7 S Range 87 W Sixth P.M. DJSTAI�QES PROM $ETION I__1V1L.5 1748 Ft. from North 1757 Ft. from West Section Line Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way aS to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no iniury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court aeon. 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 or Examiners of Water Weil Construction and Pump installation Contractors in accordance with Rule 16. 3) Approved pursuant to CRS 37.90-137(2) for 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 only when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and ween a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Rued Reservoir is in effect, or under an approved plan for augmentation. BWCD contract *343. 4) The use of ground water from this well is limited to ordinary riousehoid purposes inside 47 single family dwellings and three employee dwellings. the imgatton of not more than 3.4 acres of gardens and lawns. the watering of livestock. and commercial uses associated with an eduestnan facatity. Ail use of this well will be curtailed unless the water allotment contract or a plan tor augmentation is in effect. 5) The simultaneous maximum pumping rate of this well and any other well ooeranng under S'WCZ3 .:.ontract 43,43 shall not exceed 100 GPM. 6) The combined annual amount of ground water to De appn?prtated by this well and any outer well operating under 8WCD contract *343 shall not exceed 384 acre-feet. This well is known as the Arrabian'Nekl. 7) The owner shall mark the well in a conspicuous place with welt permit nurneer(s), name of the aquifer. and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve theze markings. 8) Thrs well shall be constructeo not more than 200 feat `►orf+ the location specified on this hermit and not less than 600 feet from any existing well. not owned by the applicant_ 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. �_f_ APPROVEC J02 , Stew Engtnee, 2 -71441';/1"�y +� Receigt No. 04537928 DATE ISSUEDPUP u J ,ru,r, EXPIRATION DATE U C.� t�f[l MAR Form No. OFFICE OF TH TATE ENGINEER. GWS -25 COLORADO DI ION OF WATER RESOURCE" ata Cenrenniai Bldg.. 1313 Sherman St, Denver. Colorado 80203 13031 E166.3SW Pinto Well (Equestrian Center Well) APPLICANT RECEIVED MAR 0 8 2000 1 WELL PERMIT NUMBER 53232 DIV 5 WD 38 DES. BASIN LOC ASPEN EQUESTRIAN ESTATES 3275 CO RD 100 CARBON DA L E, 00 81 623- (97O) 963-9397 BiOdc PERMIT TO US AN !STING WELL IAMENDED ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL t) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this pemlit does net assure the applicant that no injury will occur to another vested water nght 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 ffuiees 2 CCR 402.2. unless approval of a variance nas been granted by the State Board of Examiners of Water Welt Construction and Pump Instatlabon Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the use of an existing 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 snali be operated only when the Basatt Water Conservancy District's substitute water supply plan. approved by the State Engineer, :s in effect ata when a water allotment contract between the well owner and the Basalt Water Cansorvancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract 4343. s) hg use or ground water from this vett is limited to ordinary housemaid purposes inside 47 single gamily dwellings ant three employee dwellings, the irrigation of not more than 3.4 acres of gardens and lawns, the watering of livestock. and commercial uses associated with an equestrian facility. Alf use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect 5) The simultaneous maximum pumping rate of this well and any otter well operating under BWCD contract ;343 stall not exceed 100 GPM. 6) The combined annual amount of ground water to be appropriated by this well and any other well operating under BWCD contract #343 shalt not exceed 36.4 acre-feet. his well is known as the Pinto Well. 7) 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. 8) This well snail be located not more than 200 feet from the location specified on this permit and not less than 500 feet frond any existing well. not owned by the applicant. 9) A totalizing claw meter must tae 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 re0uest. 10) Approved for the installation cf a pump in. and the use or. an existing well. constructed on Cctober 10, 1999. under monitoring hole notice MH -36529-B. .b r Filing. Sutldiv: ASPEN EQuES RJAN ESTATES APPROVED WELL LOCATION GARFIELD COUNTY SE 114 NW 114 Section 31 Township 7 5 Range 87 W Sixth P M. DISTANCES FROM SECTION LINES 1603 Ft. front North 2220 Ft_ from West Section Line Section Line APPROVED .102 State Engineer Receipt No. 0453792A DATE ISSUED FEB 1 7 2000 Cry By EXPIRATION DATErtD } 7 .23 01 TOTAL. P.35 • STATE OF COLOIADO OFFICE OF THE STATE ENGINEER Division of Water Rescur ess Department of Natural Resources 1313 Sherman Street. Room 818 Denver. Colorado 80203 Phone: {3033 866-3581 FAX: (303) 866-3589 hrtpviwater.stare.co.usfdefaulLhtm Kit Lyon Garfield County Planning Dept 109 8th St Ste 303 Glenwood Springs CO 81601 October 19, 1999 Re: Aspen Equestrian Estates NW/4 Sec. 31, TTS, R8 i vV, 6T1 -i PM W. Division 5, W. District 38 Bill Owens Governor Greg E. Watcher Executive Director Hal 0. Simpson, P.E. State Engineer Dear Mr. Lyon: We have reviewed the above referenced proposal to subdivide a parcel of approximately 57.9 acres into 47 single family residential lots, open space and an equestrian center (including three employee dwelling units). Water will be diverted to irrigate up to 2500 square feet of lawn at each residence, and a total of 30 livestock units are Included in the water service plan. Total water use for the development is estimated at 39.64 acre-feet, with a consumptive use of 9.30 acre-feet. The applicant proposes to provide water through a central supply well pursuant to a contract with the Basalt Water Conservancy District (the District). A copy of the contract was provided. Sewage disposal is proposed to be provided through a central system via an agreement with the Ranch at Roaring Fork. A review of our records indicates that awell permit has not been issued or applied for at this time. Although new well permits for this area may be available if the wells are included in the District's temporary substitute supply plan, no subsequent well perrnit applications have bbeen submitted for review by this office, and there is no guarantee that permits can be issued. A report from Zancanella and Associates, inc., included with the submittal indicates that:aweltwas completed under MH -36529 at the proposed site for the central supply well. The well was test pumped on September 13 and 14, 1999. at 100 gallons per minute for 24 hours. The initial water level was 6.9 feet, and the stable drawdown was 4.5 feet below this level. With adequate storage capacity this well should be ablp<to . - produce a sufficient supply for the proposed use. Based on the above, it is our opinion, pursuant to Section 30-28-136(1)(h)(I), that the proposed water supply is physically adequate and will not cause material injury to decreed water rights provided the applicant obtains a valid well permit for the proposed uses- If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Kenneth W. Knox Assistant State Engineer KWKICMUAspen Equestrian Estates.doc cc: Orlyn Bell, Division Engineer Ir Rarnn, lief IA t- - ,- -lintel--+ ']Q RECEIVED OCT ? 5 19139 ORDER GRANTI APPLICATION FOR ALLOT`IEIiT CONTRACT JAY WEINBERG CONTRACT NO. 343 Application having been made by or on behalf of Jay Weinberg and hearing on said Application having been duly held. it is hereby ordered that said Application be granted and that he attached Water Allotment Contract for 0.23 cubic feet of water per second from the District's direct now rights and 38.2 acre feet per year (35.6 acre feet for domestic use and 2.6 acre feet for commercial use) of storage augmentation water owned or controlled by the District is hereby approved and executed by and on behalfof the Basalt Water Conservancy District_ for the beneficial use ofthe water allotted in the attached Contract. upon the terms. conditions and manner of payment as therein specified and subject to the following specific conditions: 1. The Applicant has acknowledged that the land to be benefitted by the attached Contract is described on Exhibit "A" attached hereto and incorporated herein by this reference. 2. In the event of the division of the property served by this Contract into two (2) or more parcels owned by different persons, the Applicant shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property described in the Application on tile with the District. The Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District to enforce payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. 3. The Applicant shall provide the District proof that the proposed land use of the land to be benefitted by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use. including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided. 4. By acceptance of this Contract, Applicant acknowledges that within twva years ofthe date hereof or such later date as the District may approve, the Applicant shall file with the Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the purposes hereinabove set forth or the Applicant's water allotment as provided in this Contract may be included in a water rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata bw. the Contract holders included in such plan, provided that inclusion of the Applicant's water allotment in the District's plan of augmentation shall be at the District's sole discretion. The District may establish an augmentation plan fee to be paid by the holder of any Contract to be included within a plan of augmentation to be filed by the District, which fee shall be payable in advance of the inclusion of such Contract in a District plan of augmentation and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District -1- • in completing said plan of augmentation, the District shall refund such excess to the Contract holder. 5. .Any and all conditions imposed upon the release and diversion of water allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract, Granting of this allotment contract does not constitute the District's representation that the Applicant will receive a well permit or water rights decree for the land to be benefivted 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 trust comply with the well - spacing requirements set forth in C.R.S. §37-90-137, as amended. if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder. and the District shall in no way be liable for an Applicant's failure to comply. 7. The Applicant's property to be benefitted by the water allotted hereunder is located within an area in which the Applicant's diversion of water may require the augmentation of Blue Creek. The District has incurred extraordinary costs and expenses in connection with the acquisition of water rights which enable the District to augment Blue Creek. Therefore, the annual contract fee, as well as the Applicant's share of expenses incurred by the District in connection with the augmentation of Blue Creek. may be greater than such fees charged for contract allonees in other portions of the District; provided that such fees charged to Applicant shall not be greater than the fees charged to other allot -tees similarly situated in the area for which Blue Creek augmentation is required. The District may establish an augmentation plan fee to be paid by the holder of any contract to be benefitted by a plan for augmentation tiled by the District. which fee shall be payable within thirty (30) days following the District's statement to the Applicant and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the Contract holder. Attest. g Approved this 19th day of July, 1999. BASALT WATER CONSERVANCY DISTRICT By: Ute Barbara Mick - Secretary Art Bowles. President ,«41107 Oa 113 1IT A • • ,---Cc'a to cir ar'_d (/ a t., fir -. Reg. Land Surveyors and Engineers 811 Colorado Aerce Glenwood Sprir.gs, Colorado 515+1. (303) 94Z-5664 A paec2? of land situated in a cert cr o= Lots 3, 4, 5, 17, 18 and 19 cf tic- 31, Township 7 Scute, Range e 5 L Wee a cf the Sixth Principal Me,"±4 „ Ceunty of Cz-_ ie_d, State of Co 7 cr...Yc , sa�-' parcel, being cre particularly describedas L _r.. Laws: Creme^cin at the Wi \.. ess Corner to the i;crseri ti Ccz7-eZ said Sectice 31, a stcee in olec-. thence S.rC C:C,"rr. to the 4::z heas` CCr- pr c, ?&Cepticn No. 279415, also being a L".:3" j.'.z cit tha. westerly ray: e-rr.c.y of County Road No. 100, a reb r and cap L.S. Nc. 10732 in place, the Tree ?cir:t ct _:i;r!r ; thence S.CC'11'29"W. alcng said westerly right-of-way 827.14 feet to a rebar and cam L.S. Na . 10732 in place.; thence continuing a? cry said westerly right -cf. -way 5.03°56' 29"W. 117.74 feet to a easbar and cap L. S. Nc. 10732 a_ _place; thence cent''r erg alcng Said westerly . _;;:,t-ofeway S . 11 37' 2 ; ' . 299.44 feet: thence leaving said wester right -o' -way N.72°41'32"4. alc.,g a line being rcr ....e_ . c_ Blue Creek 125.34.feet; _ thence e ce ccnw_~._.g a'oro a line being n ne t.erY of 31ue Creek 1.LL°44':2'%. 37.00 trmnce cn_!..ialong a line being :p_z eeiy of Blue Cre_t 1.62a48'46tn. 375.93 feet, thence ccnt_.L:g along a line being n'.7r Keely of Blue Creek N.41°30' 29"4. 89.74 feet; thence cee rims. alcng a lire being ncrt eely of 31'..e Creek N . 8 _' 01 ' t 7"rP . 285.92. feete thence N. 13' 12' 20"? . 120.00 fes` to z}..e' in as existing fence; thence N.76'47'40"W. alcng said ev{stinc farce 1038.73 tit to a pc_::t an the easterly line of Pareel 9 of Receaticn No. 375558 (f -cm wheeze rem and cap L.S. No. 10732 bears 5.0C°C0'18"W. 263.23 feet); thence iti.CC300'18 a:.c:g sa'_:. X64 ste-Iy lire 101.3.61 feat to a'.oint c^ t:e soutree richt fewer': C.. Cclora:.^. State Highway Nc. 82 as evidenced by e_ ist_: riche -of -way ec:-:..:.-:eets and the existing centerline (:•t. ce a r'e ere and cad L.S. No. 3317 bears S.CC°C0'18'tW. _ sCL�.a_ _ t) 562.77 3.59 fee thee:re S.79255'55"7. _.a.�,.::.�y Ser_._ ��- . _�+. r �' + 1 fee`; thence S. IC'3C 8„W. a? crs the easter'e lice c_ said . eee tic.. i'5. 279416 :33.47 fee: to a reand cap L.S. No. 10732 in :.lace; thence 5.79"44'32"E. L1crg the southerly line of sa_`d? Fete ticn No. 279415 247.29 feet to to 'fie Cyt cf ce inni c; said parcel containing 57.869 acres, more cr less. loge ther with a peraetLal easement being a port_cn cf. ? . cel "3" shcwri in 2.eceeticn No. 375553 situate 1'. a ecat cr. of Lce 17 of Secti=-. 31, Tcwrs: i? 7 3c^ut`.:, Range 87 west ct the Sixth 1?""ri::c4e.1 Meriden. County cf Garfield, State ;f C. 'credo; said easeent being mcee particular,y describer as fello,..5: ;mmeencing at the Witness Carrs to t:'- Northeast Cce er of said Secticn 31, a ;zone in 4 place; ; t'.er ce 5.81' 103 " 28"w. 4257.59 feet to a point d;:. e 5:..:`.`.'.e_ y ghe-C: rra`J c:State Highway No. 82, the True Print of Bi^.ni;c; thence 3.00°CC' 18"W. al err t." -.e easterly l_ -.e of said Parcel "S" 1013.61 feet to a came cr. ae existing fence; thence N.75°47' 40"W. along said fence 67.27 feet to point cn the westerly lire ct said Parccil "B": thence N.00 07' 35". _ alcng ;aid westerly lie109.43 feet to a point c-. the sc the 1y right -o= -Sy a" tai`"'.. State. Highway Nc. 62; %ha'"..Ce $.79''56'55 "E. a cng said southerly right -of - ay 64.35 feat to the Tnte Point of ?ecirr1 .c; said easement c ntair.irr 1.495 :Cres, more Cr less. 'ece✓ .her 2, 1987 40 • BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 343 Pursuant to C.R.S. 1973, 37-45-131 Jay Weinberg (hereinafter "Applicant") has applied to the Basalt Water Conservancy District (hereinafter the "District"). a political subdivision of the State of Colorado. organized pursuant to and existing by virtue of Colorado Revised Statutes. 1973, 37-45-101. etsem.. for an allotment Contract for beneficial use of water rights owed. leased. or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following terms and conditions: 1. QUANTITY. In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use 0.23 cubic feet of water per second from the District's direct flow rights and 38.2 acre feet per year (35.6 acre feet for domestic use and 2.6 acre feet for commercial use) of storage or other augmentation water owned or controlled by the District. ?. SOURCE OF ALLOTTED NATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit. Landis Canal, Stockman's Ditch Extension, Troy and Edith. Ditch. Robinson Ditch, or other decrees or water rights hereafter acquired by the District, including the District's contractual right to receive storage water from Ruedi Reservoir and Green Mountain Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange or augmentation releases made from the District's storage rights in Ruedi or Green Mountain Reservoirs or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green Mountain Reservoir shall be subject to the District's lease contract with the united States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. 3. PURPOSE AND LOCATION OF USE: Applicant wilt 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 ofAppli- cant's use of said water shall be legally recognized and permitted by the applicable governmental authority, having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: X Domestic/Municipal Industrial X Commercial _ Agricultural Other Applicant acknowledges that usage of the District's water rights as herein contemplated shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right to use C W.CC/CLAM[. CPICICVMP 00 M1 1 certain waters. It is acknowledged that certain locations within the District may not be susceptible to sen°ice solely by the District's water rights allotted hereunder or the District's said water rights may not satisfy Applicant's needs and purposes, To the extent that service cannot be achieved by use of the District's allotted water rights. or in the event said service is inadequate. Applicant may, utilize such other water rights. by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands. facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be solely responsible for providing works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the .Applicant intends to develop an augmentation plan and institute legal. proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the Water Court in the adjudication thereof. 4. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after 2 • said written notice. the District may. at its option, elect to terminate all of the Applicant's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation. quasi -municipal entity, or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract is valid and in force, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor. assign. or lessee of said Applicant without the prior written approval of the Board of Directors of the District. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest by two (2) or more uses of the water right allotted hereunder. the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation district or other special district properly organized and existing under and by virtue of the laws of the State of Colorado and then only if such association or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract. have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment 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 preclude the District from holding the Applicant, or any successor to the Applicant. responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 7. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plant shall apply uniformly 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 C,'nI. OOCi.fraCVWm1WRCY, w MI 3 • plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain stipulation in Case No, 80 CW 253 on file in the District Court in Water Division 5 of the State of Colorado, which. Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND ML1NTENANCE AGREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain. but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for exten- sion of District services and for additional administration. operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder. subject to the limitations, obligations and conditions of this Contract. 13. CONSERVATION PRACTICES: Applicant shalt 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 C,,,,P•DECLAAICMIP.NERCV4,4 OK 4 statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. 15. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contract. a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. APPLICA Jay Weinberg Applicant's Address: c/o Patrick & Stowell, P.C. 730 E. Durant Aspen, CO 81611 STATE OF COLORADO ) ,, r i ki' i ) ss. CO�TNTY r ) -, ,,,N. .r. , .0 'Itubscti and sworn to before me this -44hday ofjpj�,,/' , 1999, by 0 J coierg } � '�0 �b W ITVESS my hand and official seal. - -'1t.::1 , 1y commission expires: 5 EXHIBIT ��A 1000.1. and V fr' % CLLJz :.r frz.. Reg. Land Su veyc:3 and Eng-:;;e-ers SL. L Colorado Avenue Glenwood Springs. Colorado ;5L60L (303)945-86E4 A arcei cf Int' situated _.. Section 3., Township 7 South, County of Garfield, State described as follows: a portion of Lots 3, 4, 6, 17, /3 a_'; 19 c: . Range S Weser ©f the Si.: rh Rt' c' oa Mter !c.ie..;^. C'-.crad , Said.parcel re -re- =art' l Correncing az the 're+. ss Corner to the Northeast Corner of Southeast Section. , a place; thence S.EC9C: t c5 'r4. 2350.39 feet tc the South s Corner of No . 2794:5, a s being ��. a point cis the westerly - i;j. -o - a o Lam. z..- 100, a row and cap L.S. No. 10732 1n place, the True ?Sir. c #..^e"' -":.'.:.h,..--' thence 5.00' Il' 29",j. along said westerly lv righ 2827.:4 fen CO a racar and cap L.S. No. 10732 in place; thence continuing along satwesterly richt-of-way .ray 5.0 'war 29"W. 117.74 feet to a rebar and cap L. S. No. 10732 in =lace; �. continuing alC:'.ig said westerly right-of-way 5.11299.44 =..-: thence leaving said westerly right--of-way N.72°422"4. along a line ;:g northerly cf ..r .4 Creek 135.34 feet: thence continuing along a line being . _..; lv of ? l e Creek N.77°44152"W. 317.09 feet: thence _ : n. . :.�..�being northerly of Blue e Creek N.62'48' 46"W. 375.93 feet: thence continuing along a line being northerly of Blue Creek L4i°'?0' 291t 4. 89.74 fee:; thence oo ti ui gi along a line being northerly of Blue Creek N . Cis Ct ' 1 C e Y . 255 . 9? feet; thence N. 13'=2' 20"r.. 120.30 feet to apoint in an existing fence: N.76"4 r40""r . alongsaid existingfence 1038.73 feet to a point cr'. the easterly 1!ne of Pa: -cel 3 of Re':ept±.C:'. No. 375653 (from whence rebar a.''G. cap L.S. No. :0732 ' bears S.00'00' 1894. 263.25 feet) ; ._:.wince N.100'00:18"E. along said easterly line 1013.61 feet to a pc i n t on the southerly right -wa cf Colorado o State Highway Nc. 82 as evidenced by ex.ist._.g right-cf--zap monuments s and e existing center _:.: a (whence a re.'..ar.". and cap L.S. Nc. 221.7 bears 5.00'00 r 18"W. 4..nenc'e SS,79'56 r 55 Z. along said southerly right-of-way 1982.77 - • 1 5.10 W(� .�..�"W. along`..r'.a' easterly line of said Reception No. 2,79416 to a re.sar and cap L.S. No. 10732 in place: nenoe S.79"44'32"Z. along ti. southerly line - { Reception No. 279416 247.29 wee t t e True ,.1n : of 3e'' t.: i no ; said parcel containing 57.889 acres, more or less. _ L_rr4 Road No. t1,4" ce .3.99 feet) ,33.4 fee Together with a perpetual easement being a portion of ?a 9, "7.1 shown in 'ere*'ticn No. 37:559 situated In a, portion cf Lot 17 of Section 31, ow s+ {p 7 rut4', Range 87 West of the Si:rt:n Principal Meridian, CC . rI of Garfield, State _f Colorado: said eas:'.e:':t being more particularly described as : C11'c 's : :ter:__:!y at the Witness Corner to the Northeast Ca-ne_ of sat_. Seozion 21, a :tome 1n place; thence 5.81°10'28"W. 4257.59 feet to a point cn the southerly :.g^t-cf-way or State Highway No. 82. the True 'c_.._ C 2ec . °:C: thence '.00'00'15"W. along the easter?', 14.ne or sa.'d ? -cei .,3" 1013.6: feet to a cine on an e%is.`.i:g fence; thence N. [3'47'40"W. a.:ono said «acnes. 67.27 feet to c -.z cn the : s.er'v lire of sad ?a'rcel "B"; r17.1Enre. N.00'07'35-3. along westerly line 1009.:8 feet t t: -e southerly right-of-way of a1y west__' to a ao• a." State +--:tea-; Nc. 22: t:'.er .e S.'7515.5"=7. a" -no said southerly right-• r- av .24 f...az to ..2 .' .e11.C!nt c4Y,ec4 r.. 4- - -ry;r7 ? ccr..za'r'ng ? +5r6 S=ires, more cr less. !ce~r.oer 2. 1927 •-__ ;.4-2e 14:51 gPNC -rAT;CAR I NGFGF.K 411, ROARING FORK mfr 17, 1999 Mr. Ron Liston Aspen Equestrian Estates, Inc. Land Desigr Partnersh,p 918 Cooper Avenue Glenwood Springs. Cc. 81601 ©ear Mr Liston • P.31 This will corrtirrn that the Rance, at Roaring Fork Homeowners Association, leo. will provide wastewater treatment services to Aspen Equestrian Estates in acccrdarpce with the terms of the agreement between the Ranch and AEE dated September 22, 1999. For your information, we are advised that the plans for our expanded facility will be completed and furnished to the State Department of Health in January. We also expect to submit there to contractors at that tirre, subject to ary changes which rr>ay be recuired by rhe Department. Sincerely yours, Charkes-Holloway ? I President, Ranch at Roaring Pork Homeowners Association 4.913 HQ -may 32 • ;arnorcaie. Coraraao 3" 523 • (970) 963-3500 c� _14_2 i4:5c. 3Ji 0;41' 4,=1,1:-11.1---i'OP;INGF:OPI• • STATE OF COLORADO Cweri, Co,.errc- 1a t 'loran bra Citemot y+edra:rdt Ohl lac ,mposeirel?se,+eJlsr anderrtronnxpcc a tie F pe av Lam' 7 GMA rJ' S. i.dbatoor, bad 9.1clipa" Sows%G1valOe1 Ottwit Cctormaka 1024-:134 .lU i xm'y NYC. Mlur.e t7tlrl S93•'odt+ De*wn CO 14i30 -44:e '1,ceed u .ti"4410. CCiwrie awl hap:, r w.i+ 7rycdrsae m. A;rt 6, 1999 Michid Groper, LCLfaat e Hoard of Directors .rccb ea A.oiring Fork KanvOwnittS ►ssc,csr, xt, L. ay IS Ca idol aasr 62 C :We, CO 81.623 Re' Site Appiicen ie 0-4!--t1 Garfield Eby" aat Dr- Caber tiur/[.11i�C The Water Quality Contoi Division has revicrioti and evehtnted your site applicators i 4Fopportindeconzroiscion for axpeavoa of the Associ=keg toostaas w>bsrzuxer trea tcrttplant, *WI sacaed ^ ae ATE 1i4 atilt NW 1'a of Staion 36.11S, FLOW. to rave the Limb ac Roaring Fork, Prs.hsiia Farce and St Finnhac, ersd discharge to the Roar.ng Fork River Prior to the apemen, of dolt facLz , as uncoiled discharge parent will be rt;qutria:I whaeh moths, spati.6 ttre Coal criodinotts and liltinazo is of 1st [jcre' n e of IN. fxihrv. P lease coots= tete Drina net's Petzrits Ulm -3 efschirge petittait ntaidintrit DirroXialu We fmd )rU ipplieettan q ba os =Om' =act with tett Wa;er Qt-.aiity Ccnbol Commis sibter "Reguletiani fir the Sit: Application zrecex5 "i-aisreore, the site application is approved with the following emditi ss laud below. 1 Bawd upon tpp1ireti n infortneiocc, the ' rn detsgtt '41-11 be far Avenge Deity Flow Capita), - [? 10 avid Qrrpn;r. i.aidmg; Capatisy - 150 aha BeClid- % Troitaitrit Protium to be used - Emended stri xE , Satiated s I u ge with t slvrtin odor) Preirmanary Mat Pinroct= Valuta S©1); - 30,45 tisg+'i (3 a.dryJ7diy wane Swed "Solids • 30143 rogyl (30-daV+74sy it+ssagcj Chiorsne Residual - O 5 rg11 Fatal Colificsos - 6.000 ;12.,000 i1/100 restl [30-s -day ateciaric rrtettaw Tots] Aestnanss - 30 mgll ash (3G -dry ave) pimp for vs,uca ars Mattis of diose oontaosed in ccindstioas I and 4 above, or fail= tQ c+senply Alth airy otsar Lottlitsona coo hoed howl,w L reader this wp+ & void and mother sat trpphcata= will hive to be prooessed This site sppra.&l end expire ties 'elf 141 1 ti4s dans o: this kale it the toe troeutin of the pkaticz his rix eeneitac+td by that due_ If etpiration occurs. you assay) apply for a lie* site eptirtnia PEE—t4-2000 14:c2 41,FNN -9AT RD GFGRk Rare; st Roarial Fork .lioroccwwostra Aasoci;WOD, ;ne August .1959 Pro2 • wQAstruatico as defined enterirj iota a cow= for the exterior or mute' piaci:twat Of Math, lt, e4 piping, =Mitotic or bindings whia iv to be a pars of s damc6tsc miaowsstr trcatm1 The dccigt (crus ruenon plants arid ip xeticxcs) for the trot wcxio oust be at rtmxi by tato Division prior to conzoizooeizczt of oasSirttctioe ill. acastruutca clQsstps order-! tod atinp v erianees Erten the apervvcd pians stmt mations most be approved by -ihc Dry isiva S The lippliosal's rel{astatd cat= mat furnish a menu= pno to the coromoncernent of cc0117-101 sum g dm the fac.iitioac were r stvctad incon.forTnance with vprovitd plans, spori+«4Lons, sad dtastge mica A dctau.e i sotli sadfestadatias irtvsougaboo, =hiding trynCtuAg sod dna, snail be conclootad pnvr to ape OCss traction triad pitta R C tie t4 resulting from that iuvsxtigaaon she be inaorporuad ireo the construction pleas end spcci8cations for the e+cpwiciod trcatruerit Csoility. Sensnc stall '3e trade a4ulsble LO the St. Firnbar iod Pteshtna pr.coorries thank oit.L or both seek such service. Prorinion m s service shall be tti petrel widi pcwvisx,na aithe SEWER SERVICE AGREEMENT St. Finbar ?rot/my) prov>. ci to the Div*iaian do August 4. 1999. mirsiartg a vision for voting prryiegics to miners pextauniri,g ro oprertati.oas cf the wsBidWlllG t7taUt facility end lo proportion to tit nwnba of fap4 being 34NNIXL s eccordaerc Cclorrdo Water Quality Control Costtxrisraaa ngnlatoes, ttae ilppraLaJ tr r otert .a appeal u mai titular Section 1.2 ix (7) of ' Rerulttri©ns to the Site Appheatian Process` Tho a pr+ord dors rent mitres the cv.ner from; co n buaki Aitlr ail local regulations mos to conatniuian noir fttE retparmairy for pnopot eanwnetrusg, catstrudion, sad weradon taf ttaa ficalEv )14, !- Derld Et'o:m Director Water Qusily Celtic; Di urn rc. MGl,augh tta Water Ericzc+ r<, Lui - Ann. Alex Gortevski Noet stem Colza -ado Council eiGovarrneets • Alto. Robert Riff C-art3weld Catsv y Bualding end Planrrret t nit nt - An Mark Scan Orefield CAXInty Board of Carty Crst :au 'Mums Berate. Fzviroruneatatl Protectios Spe tist,''QC1) Dain Watson. Eavirorssr+etokei Protect= SpeGie:au, WQCD-Grstui Iurction Suras Neektn b, Penile Unit ramal s, WQCD Deo bal4y.;Larva Cukrstlo W seers ed Coat uuatvr, Shama Fitchnnabol, Plant OPerator Gnnlflc1ticr:s V3oard. WQCD TDTA.. P.03 111111 nui niiii nuu iulAnuni ui nm uii uii 553170 10/04/1999 01:51P 91153 P629 M PL5DORF 1 of 37 R 185.00 D 0.00 GARFIELD COUNTY CO SEWER SERVICE AGREEMENT (Preshana Farms Property) • THIS AGREEMENT (this "Agreement") is executed as of this JR, day of September, , 1999, by and between the RANCH AT ROARING FORK HOME OWNERS ASSOCIATION, INC., a Colorado non-profit corporation (the "Ranch") and ASPEN EQUESTRIAN ESTATES. LLC. a Colorado limited liability company (the "Developer") (collectively, the "Parties"). RECITALS A. The Ranch is the homeowners' association for a residential community known as "The Ranch at Roaring Fork," located in the County of Garfield, State of Colorado (the "Ranch Property"). B. The Ranch owns and operates a wastewater treatment plant and related facilities appurtenances and collection Systems (the "Existing Facilities") 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 Garfield, State of Colorado, as is more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Developer Property"), which Developer Property lies adjacent to the Ranch Property. D. The Developer is in the process of subdividing and platting the Developer Property, and in connection therewith, the Developer needs to obtain certain governmental approvals and permits; in order to obtain such approvals and permits. Developer must demonstrate that wastewater collection and treatment services ("Sewer Service") will be available to the Developer Property. E. The Developer has requested, and the Ranch has agreed to provide such Sewer Service to the Developer Property, and the Parties desire to set forth their agreement regarding the terms, covenants and conditions under which such Sewer Service will be provided. NOW, THEREFORE, for and in consideration ofthe premises and the mutual covenants hereinafter set -forth, the Parties agree as follows: 1. Infrastructure Improvements and Cost Allocation. a. Existing Facilities Improvement Project and Developer Collection System. Portions of the Existing Facilities 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 "Improvement Project"). The cost of the Improvement Project shall be borne by the Ranch, contingent upon receipt ofthe tap fees identified in Sections 13b(1) anc' 13b(2) below. In addition to the 1} 6AHOL+MISC"4K7L01+..GOC 9915.0288 nI2817 v3 IiL 11 i nuu 1111 1 ll1I 111111 553170 10/04/1999 01 51P B1153 P630 M ALSDORF 2 of 37 R 185.00 D 0 00 CARFIELD COUNTY CO • Improvement Project, a sewage collection system (the "Developer Collection System") will need to be designed and constructed on and about the Developer Property. including but riot limited to, collection and individual service lines and other facilities and appurtenances, and a connecting -line will need to be designed and constructed within the Ranch Property ("Connecting Main"), in order to provide Sewer Service to the Developer Property. The Developer Collection System and the Connecting Nlain shall be designed, engineered and constructed at Developer's sole cost and expense. b. Connecting Main. The Connecting Main will need to be designed and constructed within the Ranch Property to connect the Developer Collection System to the main ("St. Finnbar Main") to be installed by St. Finnbar Land Company ("St. Finnbar") which, in turn will connect with the nearest existing main on the Ranch Property in the cul de sac at the end Stagecoach Lane. The Connecting Main is expected to traverse through the easement described to, a in the Agreement, Easement Grant and Mutual Release dated June 28, 1986, recorded in Book q "•' 697 at Page 616 of the Garfield Countyreal estate records ("Usage Easement" ("Developer Usage Portion") and connect with the St. Finnbar Main which will traverse through the easement„)�) owned by St. Finnbar along the south line of Lot 13, Ranch at Roaring Fork, Phase 5 and through v -`-r the cul de sac where the existing Ranch main is located. As provided in Section 4b hereof, t ry Developer will be required to pay to St. Finnbar the "Preshana Share" of St. Finnbar's maintenance costs for the St. Finnbar min.'1.4!`x` �'3 r The Connecting Main shall be owned and operated by the Ranch but shall be designed, re engineered and installed and thereafter maintained, repaired and replaced at the cost and expense d" of Developer, acting as agent for the Ranch and subject to the direction and approval of the Ranch in the exercise of its reasonable discretion. Developer shall indemnify and hold harmless the Ranch from all 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 shall, at some accessible point, have manhole access and a means to shut off effluent entering the existing Ranch system. If the Ranch or Developer as agent for the Ranch are prevented from installing the Connecting Main as a result of any temporary or permanent order of any court of competent jurisdiction, Developer shall have the right to terminate this Agreement by written 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 refunded to Developer and both parties shall be released from any further obligations hereunder. The Developer shall have until July 1, 2000 to install the Connecting Main. Until that date, the Ranch agrees not to contract for any construction of the Improvement Project, the costs of which would be the obligation of the Developer if it terminates this Agreement pursuant to this provision. HAHOLAMUSC\4K7LOI!.DOC 9915.088 0212817 y3 2 IIMI II 111111 111111 III I1111111 1111 1111 553170 10/04/1999 01:51P 61153 P631 M AL5DORF 3 of 37 R 185.00 D 0.00 GARFIELD COUNTY CO Project. Design and Constriction. a. McLaughlin Role. The Developer acknowledges that McLaughlin Water Engineers, Ltd. ("McLaughlin"), water engineer for the Ranch, shall design. engineer, and supervise construction ofthe Improvement Project. Developer shall be entitled to retain either McLaughlin or its own engineer or engineers, at its sole expense, to design, engineer and supervise construction ofthe Developer Collection System and the Connecting Main; provided that, McLaughlin, on behalf of the Ranch, and at Developer's sole cost up to, but not exceeding S5,000 (S7,500 if a lift station is required), shall have rights to (i) review and, based on reasonable grounds, approve and or disapprove of the design and engineering plans produced by Developer's engineers, and (ii) inspect construction of the Developer Collection System and the Connecting Main. If McLaughlin disapproves of the Developer Collection System or the Connecting Main, it shall specify the changes necessary to allow approval. b. Project Design and Construction. Ranch agrees to cause McLaughlin to finalize its engineering studies and produce a final design for the Improvement Project, inclusive of detailed cost estimates (the "Project Design"). Upon delivery of the Project Design to the Ranch, the Ranch shall deliver same to Developer for its review and comment. Developer shall have twenty (20) calendar days to deliver any comments or suggested changes to the Ranch, in writing. The Ranch covenants to give reasonable consideration to such comments or suggested changes, but reserves the right to approve the Project Design in its sole discretion. Upon the Ranch's approval of the Project Design, and upon receipt from Developer of the tap fee amounts specified in Sections 13b(l) and 13b(2) below, and upon satisfaction ofthe conditions in Sections 14a and 14b below the Ranch shall construct, or cause to be constructed, the Improvement Project. Developer shall construct, or cause to be constructed. the Developer Collection System and the Connecting Main. The Ranch and the Developer shall each be responsible for obtaining, at their respective cost, all required permits and approvals for performance of their respective construction obligations. All such construction shall be in accordance with applicable laws, building codes and regulations, as well as being in accordance with plans and specifications approved by McLaughlin. The Developer shall construct and install, or cause to be constructed and installed, at its sole cost and expense, service lines to serve individual units within the Developer Property. e. Completion Date for Improvement Project. The parties hope that the Improvement Project will be completed in 2000 but understand that there could be delays that would make this not possible. If, however, the Improvement Project is not completed by December 31, 2001, the Developer may, at its option, terminate this Agreement by written notice to the Ranch given before completion of the Improvement Project in which case any payments by Developer of tap fees under Section 13 below shall be refunded to Developer and both parties shall be released from any further obligations hereunder. If, however, the conditions contained in Sections 13 and 14 of this Agreement have been satisfied and the failure to complete the Improvement Project by December 31, 2001 is due to unreasonable delay within the control of the Ranch, Developer may bring an action for specific performance by the Ranch of its obligations hereunder. The remedy of specific performance shall be in lieu of termination of this Agreement and return of tap fees paid hereunder. .HAUOL\NISC\4KK71.01 ".DOC 9915,0288 n313817 v3 3 111111111111111111111111 III IIIIIIl III 111111.1111111 553170 10/04/1999 01 51P 61153 P632 M ALSDORF 4 of 37 R 185.00 D 0 00 GARFIELD COUNTY CO • d. interim Service to Developer Property. If requested in writing by Developer on or after August 15. 2000, or such earlier date as the Ranch may elect to do so, the Ranch shall offer to provide Developer with Sewer Service for up to 14 EQRs on the Developer Property pending pending completion of the Improvement Project ("Interim Sewer Service") utilizing existing capacity of the Ranch's Existing Facilities but only to the extent such service is not hutilized by St. Finnbar Land Company_ Interim Service shall actually be provided only to the .11/ 1 extent tap fees have been paid and only after satisfaction of the conditions precedent in Sections 11 and 14 below. If interim Service is commenced, this Agreement will govern as to the EQRs .�` served notwithstanding any termination of this Agreement for failure to complete the Improvement Project or for any other reason. 3. Design/Evaluation License. Upon execution hereof, the Ranch, McLaughlin, 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 limited purposes of inspecting, testing and examining the Developer Property in connection with the design and construction of the Improvement Project (the "Design/Evaluation License"). 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 Improvement Project. The DesignlEvaluation License is distinct from and different than the inspection and other rights under Sections 2a, 4a and 9 of this Agreement. 4. Easements. �`Q' a. Developer Collection System Easement. Upon commencement of construction of the Developer Collection System, the Ranch shall have an easement (the "Developer Collection System Easement") which shall (i) only be subject to such title matters and burdens that would not materially impair, Iimit or interfere with the Ranch's exercise of any of its rights thereunder; (ii) allow the Ranch and its contractors, consultants, licensees, employees and agents, upon reasonable 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 driveways in place on the Developer Property and to avoid homes and improved areas, wetlands and wildlife sensitive areas); and (iii) be used to monitor and inspect the Developer Collection System and, as provided in Section 9 below, if the Rules and Regulations have been violated or Developer has been negligent or untimely in performing its obligations hereunder, be used by the Ranch to maintain, operate, repair, replace and clean the Developer Collection System. b. connect into and use, for se Main installed by St. Finnbar in th Fork, Phase 5 and the cul de sac west of L connection and use shall be at the sole cost and e any such connection, and as a condition precedent to co nection to St. Finnbar Main. Developer (the "Preshana Owner") shall etvice to the Preshana Property, that portion of the St. Finnbar ement owned by St. Finnbar in Lot 13, Ranch at Roaring he "Preshana Joint Use Portion"). Such se of the Preshana (]caner. At the time of tx j encement of service to the Pres a MA1dOL\.N'SCA K7Lalt.DOC 9915.0289 N212817 v3 4 00J Nss—wr' I1I111 IIIII IIIIII 11111 11111111111 1II Illi I1II 1111 553170 10/04/1999 01 51P B1153 P633 M ALSDORF 5 of 37 R 185.00 D 0 00 GARFIELD COUNTY CO Property, the Preshana Owner shall pay to St. Finnbar the Preshana Share, as hereinafter defined, tVU-P11./ � of the costs to St. Finnbar of installing the portion ofthe St. Firinbar Main within the Preshana, Joint Use Portion. The Preshana Owner shall pay to St. Finnbar the Preshana Share of the costs A 1, to St. Finnbar of maintaining, repairing and replacing the portion ofthe St. Finnbar Main within - the Preshana Joint Use Portion ("St. Finnbar Maintenance Costs") 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, the Agreemen between the Ranch and St. Finnbar dated August 4, 1999 ("St. Finnbar Agreement") caused b e Preshana Owner. The "Preshana Share" shall mean the proportion which the EQRs on the • -shana Property connected to the Preshana Joint Use Portion, bears to the total EQRs connec .4 to the Preshana Joint Use Portion. The "Preshana Property" shall mean that certain real prope located in Garfield County, Colorado, bounded on the west by the Ranch Property, on the south by •e Developer Property, on the north by Colorado State Highway 82 and on the east by Cath- : ne Store Road. The Ranch may shut off sewer service to Develope - Developer at any time fails, after appropriate notice and right to cure, to pay Preshana's Share o y St. Finnbar Maintenance Costs required to be paid to St. Finnbar, Under any such provision, e Ranch will, after notice and right to cure, shut off sewer service to Developer at the written req - t of St. Finnbar until Developer pays Preshana's Share of St. Finnbar Maintenance Costs require • be paid to St. Finnbar provided, however, that the Ranch is satisfied that Developer has, after : ice and right to cure, clearly breached its obligation to pay the Preshana Share of St. Finnbar Main ance Costs required to be paid to St. Finnbar and provided also that St. Finnbar agrees in writing, in form and substance satisfactory to the Ranch, to indemnify the Ranch against any loss, cost, damage or expense, including attorney's fees, arising as a result of the shut off of service to Developer. 5. Rules and Regulations. The Ranch has advised Developer, and Developer acknowledges and agrees, that the Ranch is not, and does not hold itself out as. a public or private utility or as a governmental or quasi -governmental entity. The Ranch, acting through the Committee referred to in Section 8 below, 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 which rules and regulations shall be applicable also to residential users who are members of the Ranch. A copy of the Ranch's initial rules and regulations is attached hereto as Exhibit B (the "Rules and Regulations"). The Ranch's discretionary power and right to establish and amend such Rules and Regulations is subject to the limitation that the Rules and Regulations shall not be amended to treat the Developer Property differently than the Ranch Property except as provided in this Agreement or to unreasonably, materially and adversely (a) affect the provision of Sewer Service to Developer, (b) increase Developer's costs for such Sewer Service, except increases which are comparable to increases for single-family homeowners within the Ranch, or (c) materially alter Developer's rights under this Agreement. 6. Developer Declarations and_covenants. Developer expressly consents to the recordation of this Agreement in the real property records of the County of Garfield, State of Colorado. Developer agrees that it shall, prior to conveying fee simple title to any portion of the Developer Property to a third party, cause to be recorded in the real property records of the 11AHOLSGilSC4K7LO1!.DOC 9915.0288 +i2128I7v3 5 1 III 11 1 I1H 11111 111 IiIMI1l 111 liil 111 553170 10/04/1999 01:51P 81153 P634 M ALSDORF 6 of 37 R 185.00 D 0.00 GRRFIELD COUNTY CO County of Garfield, State of Colorado, declarations and covenants (the "Declarations and Covenants"), which, insofar as they relate to or may affect this Agreement or the rights and obligations of the parties hereto, shall be in form and substance reasonably satisfactory 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, at a minimum, (i) contain a separate section entitled "Sewer Service Disclosure" which will identify the Ranch and refer to this Agreement, including the Book and Page of the Garfield County real property records at which this Agreement is recorded and note that the provision of Sewer Service to the Developer Property is subject to this Agreement; (ii) contain a provision to the effect that Sewer Service to the Developer Property is provided by the Ranch which is a private homeowners' association entitled to establish rules and regulations for the provision of such service but which is not subject to rules or regulations affecting public utilities; (iii) expressly require the acceptance by the homeowners' association for the Developer Property (the "Developer Property Association"), 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 hereunder; 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 Property Association to meet its obligations hereunder, including the power to levy and collect assessments for such purpose without the need for member approval. 7. Developer's Successors and Assigns. It is expressly agreed between the Ranch and the Developer that this Agreement creates a master service relationship between the Ranch and the Developer, any Successor Developer, as hereinafter defined, and, ultimately, the Developer Property Association. Although this Agreement shall be binding upon Developer's successors and assigns, this Agreement is not intended to, nor does it, nor shall 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 Property Association shall 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, attorneys, consultants or 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, (1) Developer shall be entitled, prior to creating the Developer Property Association, to assign this Agreement, in its entirety to a purchaser of all, but not less than all, of the Developer Property described on Exhibit A (a "Successor Developer"); and (ii) Developer or any such Successor Developer shall 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 by the 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 terms of this Agreement but shall have no direct rights to enforce this Agreement or make any claim or have any cause of action against the Ranch under this Agreement. The Developer Property Association shall at all times represent and be the only party entitled to act for such owners and all actions of the Developer Property Association shall be binding on such owners. HAHQL MISC'4K7L0I:.DOC 9915 OM #212817 v3 6 111111111111111!1111!1111111 111111 1111111111111111 • 553170 10/04/1999 01:51P B1153 P635 M ALSDORF 7 of 37 R 185.00 D 0.00 GARFiELD COUNTY CO S. System Manan.ement and Modification: Organization of Special District. A Wastewater Systems Management Committee (the "'Committee") shall be established to which the Ranch Board shall, so long as this Agreement remains in effect, delegate all decisions regarding (a) the alteration, modification, reconstruction or replacement of the sewer system andior wastewater treatment plant, (b) establishment of rates, tap fees, sewer charges, rules and regulations and future connections to the sewer system (excluding existing commitments of the Ranch) which decisions shall be subject to and consistent with the terms of the agreements, including this Agreement, between the Ranch and third parties to whom the Ranch is required or authorized to provide wastewater treatment service. Initially, the Committee shall consist of three (3) members, one appointed by the St. Finnbar, one by the Preshana and one by the Ranch homeowners associations with each member having a number of votes equal to the number of EQRs for which tap fees have been fully paid with respect to their respective properties. All decisions of the Committee shall be by majority vote. Should another entity obtain sewer service from the Ranch, the Committee shall have one (1) additional member appointed by each such entity which additional member shall have a number of votes equal to the number of EQRs for which tap fees have been fully paid with respect to such entity. The Committee shall not act in a manner which would impair sewer service to the Developer's Property, the Ranch and, if applicable, any such other entity other than for periods of time reasonably required for work affecting the system and upon reasonable notice to all parties except in cases of emergency, where advance notice shall not be necessary. The discretionary power of the Ranch or Committee, as the case may be, is subject to the limitation that they shall not treat the Developer Property differently than the Ranch Property except as provided in this Agreement or so as to unreasonably, materially and adversely (a) affect the provision of Sewer Service to Developer, or (b) increase Developer's costs for such Sewer Service, except increases per EQR which are comparable to increases per EQR for owners within the Ranch. The Ranch also reserves the right, in its sole and absolute discretion, to organize a special district and to assign its rights and delegate its duties hereunder to such a special district andlor to any governmental or quasi - governmental entity, in which event all functions of the Committee shall be assumed by the District. In connection with the organization of such special district or the assignment andlor delegation of the Ranch's rights and obligations hereunder to a governmental or quasi - governmental entity, the Developer covenants on behalf of Developer and Developer's heirs, successors and assigns, (except to the extent, if any, prohibited by law) to reasonably support such organization andlor to reasonably consent to such assignment andfor delegation and to lend all assistance reasonably required by the Ranch in connection therewith, notwithstanding that the Developer Property may be within or without the boundaries of such special district or governmental or quasi -governmental entity; provided that the Developer Property is included in the service area of such district or entity or otherwise is assured of sewer service from such district or entity on terms which are no less favorable to the Developer Property than the terms of this Agreement except to the extent that terms applicable to the Ranch Property are also comparably less favorable. 9. System Maintenance and Cost Allocation. The Ranch shall perform or cause to be performed all maintenance, repairs, replacements, cleaning and monitoring of the wastewater treatment plant and all portions of the sewer system, as the same may 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 ',HAMM% ISO4K79d11 .©OC 4915.0288 11212817vJ 7 unuin, II iIFI 11 uilliuu11111111 553170 10/04/1999 01,51P 81153 P636 M ALSDORF 8 of 37 R 185.00 D 0.00 GARFIELD COUNTY CO • cost and expense. With respect to the Developer Collection System, if and to the extent that the Rules and Regulations have been violated by Developer or Developer has been negligent or untimely in performing Developer's obligations, the Ranch, upon giving prior notice to Developer may (but shall not be obligated to) enter upon the Developer Property to operate, maintain, repair, replace, clean and or monitor the Developer Collection System at Developer's sole cost and expense; provided that, in the event of emergency, no prior notice of entry need be given. 10. Ownership of Improvements. The Ranch shall own the wastewater treatment plant and all portions of the server system lying within the Ranch Property, including the Connecting Main. The Developer shall own the Developer Collection System. 11. Conditions Precedent to Provision of Service. Developer expressly acknowledges and agrees that the following shall constitute conditions precedent to both the Ranch's obligation to provide the Sewer Service described herein and to the Ranch's allowing any sewer taps to be connected on the Developer Property. a. Service Charge Reserve. Developer shall have delivered to the Ranch and shall thereafter maintain a six (6) months' service charge reserve, calculated in accordance with the Ranch's Rules and Regulations and the formula set forth in Section 13d below, and based on the larger of (i) the minimum of 56 EQRs committed to hereunder or (ii) the number of EQRs which have actually been connected. Developer acknowledges and agrees that such service charge reserve may be applied by the Ranch to satisfy any delinquency or default hereunder and covenants to maintain such service charge reserve with the Ranch for so long as Sewer Service is provided hereunder. To the extent such service charge reserve is drawn down or applied to any delinquency or default, Developer shall promptly replenish the funds drawn down or applied. Developer shall add to the service charge reserve as necessary to reflect increases in the number of EQRs connected and to reflect increases in service charges over time. The Ranch shall keep the service charge resen'e in an interest-bearing account at a bank or other financial institution in which it maintains one or more of its own accounts and shall pay the interest credited to the account to the Developer at least annually to the extent the funds in the service charge reserve, after the payout of such interest, are at least equal to the amount then required to be maintained in the service charge reserve. b. Activation of Developer Property Association. The Developer's Declarations and Covenants as hereinabove described shall have been recorded in the real property records of the County of Garfield, State of Colorado, and the Developer Property Association described therein shall have been formed, commenced to operate and assumed the obligations under this Agreement. c. [Intentionally Omitted.] d. Payment of Tap Fees. The Developer shall have paid and/or reimbursed to the Ranch all tap fees and other fees and costs required hereby and by the Ranch's Rules and Regulations. 'HAHOL+MISC'4K7L01!.AOC 9915.0288 #212817 v3 WWI IIl IM IFF 553170 10/04/1999 el:51P 81153 P637 M ALSDORF 9 of 37 R 185.00 D 0.00 GARFIELD COUNTY CO • e. Performance by Developer. The Developer shall have performed or caused to be performed such acts or actions as may be required by law, by this Agreement or as may reasonably be required by the Ranch's engineers, as necessary conditions to the connection of taps on the Developer Property. f. Tap Fees. Tap fees payable pursuant to Section 13b have been paid and the conditions set forth in Sections 14a and b have been satisfied. 12. Lien Rights, Disconnection Rights and Other Rights of the Ranch. a. Sewer Service Lien. In consideration of the Ranch entering into this Agreement and in order to secure the payment and performance of the obligations of Developer hereunder, the Developer, on behalf of Developer and Developer's successors and assigns, hereby grants to the Ranch and its successors and assigns a perpetual lien upon the Developer Property (the "Sewer Service Lien"). The Sewer Service Lien shall run with the Developer Property and shall be binding upon and enforceable against the Developer and each and all of Developer's successors and assigns. After notice to Developer and a 30 -day right of cure by Developer, the Sewer Service Lien may be foreclosed and/or executed or realized upon by the Ranch as a mortgage, or by any other means authorized under the applicable laws of the State of Colorado. The Sewer Service Lien shall be prior and superior to any other lien or encumbrance upon the Developer Property, excepting only the lien for ad valorem real property taxes; provided that, the Sewer Service Lien shall be junior to the lien of any first mortgage or first deed of trust on any part of the Developer Property taken in good faith and for value and perfected by recording in the office of the Clerk and Recorder of Garfield County, Colorado, prior to the time of recording by or on behalf of the Ranch of a specific notice of lien claim. b. Disconnection for Default.. The Ranch expressly reserves, and the Developer hereby grants to the Ranch, the right, after notice to Developer and failure of Developer to cure the default by the expiration of the Cure Period as hereinafter defined, to disconnect the Developer Property or any portion thereof from service or to discontinue providing service to the Developer Property or any portion thereof in the event any charges, costs or fees payable hereunder or under the Rules and Regulations of the Ranch are not timely paid, or in the event of any other violation of this Agreement or the Ranch's Rules and Regulations by Developer or Developer's successors or assigns or any owner or occupant of the Developer Property. The "Cure Period" for purposes of this section shall mean, for a monetary default, 60 days and, far a non -monetary default, 60 days plus such additional time as Developer is diligently proceeding to cure the default, in each case, extended until conclusion of any arbitration under Section 22 below which is commenced prior to disconnection of service. In the event of reconnection to the system or the continuation of service, Developer shall pay the costs and expenses thereof. c. Individual Lien for Sewer Charges. Upon payment in full of all sums due the Ranch under Sections 13b(1) and (2) below and 11 a above and the platting of the Developer Property into legally subdivided lots or parcels of land, the Ranch's remedies of a Sewer Service Lien and disconnection set forth in 12a and 12b above shall apply in each instance: (i) only to the separate lot or parcel of land that is in default with respect to nonpayment of service charges FIAHOL MISC'4K7LU1'.DOC 9915.0288 11212817 v3 9 lI VIII111111VIIIIIIiM1II 1F1M 1 I1 553170 10/04/1999 01 51P 61153 P638 n ALSDORF 10 of 37 R 185.00 D 0.00 GARFIELD COUNTY CO • including capital costs provided that the Developer Property Association shall d writing to the Ranch the particular lot or parcel that is in default, and (ii) to the Property with respect to any obligations under this Agreement other than nonp charges including capital costs. d. Controls on Developer Property and Use of Sewer Facilities. Develop , shall not (i) use any sewer tap on the Developer Property for any purpose other than providing service to a single-family residence and any related Caretaker Unit, as hereinafter defined, or Outbuilding, as hereinafter defined (e.g., no commercial uses other than unobtrusive home occupations shall be allowed) or (ii) permit or allow to occur occupancy of any of such single- family residence or Caretaker Unit by a number of persons which exceeds any applicable statute, rule, ordinance, regulation or the design capacity of such residence or Caretaker Unit or (iii) permit or allow to occur infiltration of the sewer system by ground or seepage water or (iv) permit or allow use of the sewer system for disposal of any wastes which are not usual and 1a customary in connection with single family residential use; provided, however, that the ancillary ‘r'' �S amenities for the primary benefit of the residential owners on the Developer Property which are described on Exhibit C, attached to and incorporated in this Agreement shall be allowed; and further provided that, uses allowed under Developer's developer approvals and zoning i.' designation shall be allowed which are residential or ancillary to residential use, and which do `i° rcv` .i`,' not result in requiring wastewater treatment service with respect to the Developer Property for an 0.0 aggregate of more than the 120 EQRs provided for herein, subject to the capacity and ability of VO ice * the wastewater system to serve those uses and subject to the approval of the Ranch and Committee, in their discretion. It is understood that the banquet facility, equestrian center and barn may be used by the general public to the extent not used by residential owners. Developer and its successors and assigns shall not be responsible for any violation of the foregoing requirements by St. Finnbar or owners of lots or units on the St. Finnbar Property. 13. Fees, Charges and Payment Thereof. a. EORs to be Served. Developer hereby agrees to purchase and, subject to the terms and conditions hereof, the Ranch hereby commits to sell to Developer sewer taps for not less than 56 nor more than 120 EQRs. For purposes of this Agreement, one "EQR" shall equal a single-family residence ("Residence") with up to three (3) bedrooms and two (2) bathrooms or Half Baths; each Caretaker Unit (as hereinafter defined) shall equal 0.4 EQR; each additional bedroom, bathroom, or Half Bath of the Residence or Caretaker Unit as well as an Outbuilding bathroom or Half Bath (as hereinafter defined) shall equal two-tenths (0.2) EQR. The addition of bedrooms and/or baths with a service demand of less than one-half (.5) EQR shall require the payment for one-half (.5) EQR, and EQRs must be purchased in half or whole number increments provided that, partial EQRs required to serve a Residence, Caretaker Unit and/or Outbuilding may be aggregated together and with any pre-existing EQRs of the associated Residence for purposes of determining service requirements hereunder. For purposes hereof, the term "Caretaker Unit" shall mean a dwelling unit, located on the lot or parcel containing the Residence, whether attached to or detached from a Residence used by the family inhabiting the Residence, such family's guests employees, and/or tenants and containing no more than one bedroom and no more than one bathroom or Half Bath. For purposes hereof, the term "Half= Bath" shall mean a toilet and wash basin and an "Outbuilding" shall mean a non -dwelling unit ,HAHOL'.\dIS(74K7(.01!.DOC 9915.0288 $0112817 v3 10 1E111 11111 111111 111111 111 111fiit IIP 111111 1111111 553170 10/04/1999 01:51P 61153 P639 11 ALSDORF 11 of 37 R 185.00 D 0.00 GARFIELD COUNTY CO associated with, but detached from a Residence or Caretaker Unit. For purposes hereof, EQRs for the ancillary amenities and other uses on the Developer Property shall be defined and calculated in accordance with Exhibit C. b. Payment of Tap Fees. Developer shall pay to the Ranch tap fees equal to Seven Thousand Five -Hundred Dollars ($7,500) per EQR. Developer agrees to pay or cause to be paid the tap fees as follows: (1) S262,500, representing 35 EQRs 120 days after the date of this Agreement. (2) S157,500, representing 21 EQRs, on or before the commencement of construction of the Improvement Project. At Developer's election, payments under subsections (1) and (2) may be placed in escrow with Alpine Bank pursuant to escrow instructions providing for disbursement of such payments to the Ranch solely for design, engineering and construction of the Improvement Project as authorized by McLaughlin; provided that, such escrow instructions shall be prepared at the cost of Developer and agreed to in advance by the Ranch and all costs and fees of the escrow agent and the escrow shall be borne by Developer. Approval of any such escrow agreement by the Ranch shall not be unreasonably withheld or delayed. The escrow agreement may provide that the escrowed funds shall be placed in an interest-bearing account with interest earned to be paid to Developer. (3) S7,500 for each additional EQR (not to exceed 64 additional EQRs in the aggregate) on or before the date upon which the service for such EQR is requested by Developer. Developer acknowledges and agrees that once made, the payments under subsections (1), (2) and (3) above shall be deemed fully earned by the Ranch and shall not be refundable under any circumstances, except if this Agreement does not become effective for failure to satisfy the conditions precedent set forth in Sections 14a and b or is terminated as provided in the last paragraph of Section lb or as provided in Section 2c. ( c. Time Limits for Purchase and Connection of Taps. The Ranch agrees that mss. t'he $7,500 per EQR tap fee shall remain in full force and effect for a period of five (5) years commencing on the date hereof. After the expiration of such 5 -year period, (1) the Ranch shall have no obligation to provide any unpurchased taps to Developer, and (ii) service for additional EQRs shall be determined by the Ranch in its discretion. Any taps purchased hereunder must be connected and put into service by December 31, 2020. Thereafter, the Ranch will have no obligation to allow connection of, or to provide Sewer Service for, taps not put into service by such date or to provide additional taps except to the extent of then existing unused and uncommitted available capacity. d. Service Charges. The Developer shall pay service charges in accordance with the Rules and Regulations promulgated by the Ranch from time to time; provided that the service charges per EQR payable by Developer shall be determined in accordance with the following formula: Hr+ H0L4.MISc\4K7LO !.DOC 9915.6288 0212817 u3 11 4 4I! VIII I1l111111III 111 IIDl1I ilt 1111111114114 553170 20/04/1999 01:51P 81153 P640 M ALSDORF 12 of 37 R 185.00 D 0.ee GARFIELO COUNTY CO Aggregate cost of operation, maintenance and repair of the sewer system divided by the total number of EQRs connected to the sewer system x 1.25 = service charge per EQR connected on the Developer Property. For purposes of determining service charges, the costs of the Improvement Project and Capital Costs, as hereinafter defined, shall riot be included and costs for insurance and such other items as are customary and necessary to the continued operation of the sewer system shall be included, including costs incurred in good faith which might 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 in operating, maintaining and repairing the Ranch's sewer system. Except as otherwise provided herein, no additional charges for operation, maintenance, etc. of the Ranch's sewer system shall be payable by Developer. e. Capital Costs. For purposes of this Agreement, the term "Capital Costs" shall mean and include costs and expenses of whatsoever kind or nature suffered or incurred in connection with installing or replacing Common Facilities and major or extraordinary expenditures for repair and maintenance of Common Facilities, except that the costs of the Improvement Project shall not be included. The term "Common Facilities" shall mean and include all portions of the Ranch's sewer system on the Ranch Property. including without limitation the wastewater treatment plant, all mains, lift stations and other facilities and appurtenances, but excluding service lines to provide service to individual users, and excluding facilities which 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 Capital Costs for Common Facilities. Developer's Share of Capital Costs shall be due and payable within a reasonable time after receipt of a written billing from the Ranch. "Developer's Share of Capital Costs" shall be the proportion which the number 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. f. EORs Attributable to Ranch Property. Developer acknowledges and agrees that, under the Ranch's governing documents, assessments of dwelling units are equal and therefore each dwelling unit now or hereafter existing on the Ranch Property (whether the same is a condominium, townhome or detached residence) will be deemed to equal one EQR for all purposes, in perpetuity. 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 Continuing Effectiveness of Agreement. The following shall constitute conditions precedent to the Ranch's obligation to perform hereunder: a. Financing Availability. The Ranch obtaining a substantially unconditional loan commitment, on terms satisfactory to the Ranch, for financing up to S600,000 to cover costs of the Improvement Project other than the tap fees payable by the developers of the Preshana and 1 LAH0Ldi+ilSC':4K7L01!.DOC 9915.0288 !212817 v3 l2 i alai nui uuu 1111 111 IIMII le 111 iiji 111 111 553170 10/04/1999 01:51P B1153 P641 t1 PLSDORF 13 of 37 R 1$5.00 D 0.00 G.ARFIELD COUNTY CO St. Finnbar properties ("Financing Condition"). The target date for satisfaction of the Financing Condition shall be November 5, 1999. b. Obtaining Permits. The obtaining by the Ranch of all necessary permits, licenses and approvals from all applicable governmental entities and: or regulatory agencies. The target date for obtaining approval of the Site Application for the improvement Project and for obtaining any other permits, licenses and approvals required before commencement of construction of the Improvement Project shall be May 15, 2000. c. Condition Satisfaction Dates. If conditions set forth in subparagraphs 14a and 14b are not satisfied by the target dates set forth therein, this Agreement may be terminated by either party by written notice to the other party given before the relevant condition is satisfied, in which case any payments by Developer of tap fees under Section 13 above shall be refunded to Developer and both parties shall be released from any further obligations hereunder. 15. Reuse Water. All wastewater resulting from the Sewer Service provided to the Developer Property shall be returned to the Roaring Fork River basin at the Ranch's wastewater treatment discharge point. 16. Design, Engineering and Construction Claims. In the event of any negligence, default, or other defalcation by any designer, engineer, contractor or subcontractor retained by either the Ranch and/or the Developer in connection with the Improvement Project and/or the Developer Collection System, each of the Ranch and the Developer shall have, and they hereby retain, the right to proceed against such designer, engineer, contractor or subcontractor. The Ranch and the Developer hereby waive and disclaim any rights to proceed against the other on account of the negligence, default or defalcation of any such designer, engineer, contractor or subcontractor. 17. Notices. All notices, demands, requests or other communications to be sent by one party to the other hereunder or required by law shall be in writing and shall be deemed to have been validly given or served by delivery of same in person to the addressee or by courier delivery via Federal Express or other nationally recognized overnight air courier service or by depositing same in the United States mail, postage prepaid, or by facsimile transmission, addressed as follows: To Ranch: With copy to: Ranch at Roaring Fork Homeowners Association, Inc. 14913 State Highway 82 Carbondale CO 81623 Facsimile No. 970-963-9243 Hardin Holmes, Esq. Ireland, Stapleton, Pryor & Pascoe, P.C. 1675 Broadway, 26th Floor Denver, CO 80202 Facsimile No.: 303-628-2062 To Developer: Aspen Equestrian Estates, LLC Jay Weinberg, Managing Member +] AHOL\MCS04K7L01!.DOC 9913.088 #212817 r3 13 111111111111111111111111111 111111 553170 10/04/1999 01:5112 81153 P642 M ALSDORF 14 of 37 R 185.00 D 0.00 GARFIELD COUNTY CO With copy to: 135 Palm Avenue Miami Beach, FL 33135 Facsimile No.: Kevin L. Patrick, Esq. Patrick & Stowell, P.C. 730 East Durant, Suite 200 Aspen, CO 81611 Facsimile No.: 970-925-6847 • All notices, demands and requests shall be effective upon such personal delivery or one (1) business day after being deposited with Federal Express or other nationally recognized overnight air courier service or three (3) business days after deposit in the United States mail or upon the date of such facsimile transmission as required above, unless it is not a business day in which case a facsimile transmission shall be effective on the next business day. By giving to the other party hereto at least ten (10) days' written notice thereof in accordance with the provisions hereof, the parties hereto shall have the right from time to time to change their respective addresses and/or facsimile numbers. 18. Governing Law. This Agreement and each term, covenant, and condition hereof shall be governed by and construed under the applicable laws of the State of Colorado. 19. Inurement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs successors and assigns; provided that the provisions hereinabove set forth establish the relationship between the Ranch and Developer's successors and assigns. This Agreement may not be modified or amended except in a writing executed by the Parties hereto. 20. Commencement of Service. Subject to each of the temis. covenants and conditions hereof, the Ranch shall provide Sewer Service to the Developer Property as provided in this Agreement. 21. Force Majeure. Any obligation of either party under this Agreement which is delayed or not performed due to acts of God, strike, riot, or weather, failure to obtain labor and materials at a reasonable cost, inability to gain governmental or regulatory licenses, permits or approvals, or any other reason beyond the control of the party, shall not constitute a default hereunder and such obligation shall be performed within a reasonable time after the end of such cause for delay or non-performance. 22. Resolution of Disputes: Arbitration and Attorney's Fees. If and to the extent any person or party (including individual property owners) has a complaint or dispute regarding the interpretation of this Agreement or the provision of Sewer Service or the imposition and/or collection of fees, rates, or charges hereunder, 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 been satisfactorily resolved, the dissatisfied person or party shall be obligated to submit the matter to binding arbitration before one arbitrator under the Commercial Rules of the *HAHOL\M SC\4K7L01!.DOC 9935.0288 0213817 v3 14 UMI 1IiII lElil 1 II • 553170 10/0411999 01 51P B1153 P643 M ALSDORF 15 of 37 R 185.00 0 0.00 GARFIELD COUNTY CO American Arbitration Association in Glenwood Springs, Colorado. If the arbitrator finds that a party is entitled to relief available only through court proceedings, such as foreclosure or injunctive relief, the party may proceed in court for such relief based on the arbitrator's decision which shall not be challenged. In the event of any arbitration or other proceeding to enforce the ternns, conditions or provisions hereof, the prevailing party in any, such arbitration or other proceeding shall be entitled to obtain as part of its judgment or award, its reasonable costs, including attorney's fees and costs. 23. Limitation on Liability. The Ranch, Developer, any Successor Developer and the Developer Property Association, their Boards of Directors, officers, agents, members and employees shall not be liable to any person or party with respect to any matter arising in connection with this Agreement or the Sewer Service to be provided hereunder except in the case of willful disregard of this Agreement, recklessness, bad faith or malice, except that Developer, a Successor Developer and the Developer Property Association shall be liable for payment of all fees, charges and other monetary amounts payable hereunder, and the Ranch shall be entitled to pursue the remedies set forth in Sections 12a. and b above and except that either party shall be entitled, in an appropriate case, to injunctive relief. No person or party shall be entitled to recover any punitive or consequential damages in any action or proceeding arising under or in connection with this Agreement. 24. Entire Agreement. This Agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof and all other prior agreernents or understandings shall be deemed merged into this Agreement. The Exhibits hereto are incorporated in this Agreement by this reference. 25. Authority of Parties. Developer is a Colorado limited liability company validly existing and in good standing under the laws of the State of Colorado. The Ranch is a Colorado not for profit corporation validly existing and in good standing under the laws of the State of Colorado. Each of the parties has the power and authority to own its properties and to carry on its, business as now conducted, and, except to the extent permits, licenses or approvals are required as provided in Section 14b hereof, has all necessary power and authority to execute, deliver and perform this Agreement and any other documents made or given in connection therewith and to be bound thereby. 26. Benefit of Other Agreements. In the event the Ranch shall enter into other like or similar agreements for sewer service with any other party (such other party is hereinafter referred to as a "Third Party"), which other agreement shall contain provisions of materially greater benefit or advantage to said Third Party, this Agreement shall, retroactively to the date hereof, automatically be amended to embody said provisions of greater benefit or advantage. By way of illustration only, should the Ranch enter into a sewer service agreement with a Third Party with a price of $5,000.00 per EQR, this Agreement shall be amended to reduce the price to Developer to $5,000.00 per EQR, with the $2,500.00 difference per EQR being a credit to Developer against future tap fees to be paid under this Agreement, or if all tap fees have been paid or the credit exceeds any unpaid tap fees, such amount being refunded to Developer within sixty (60) days following execution of such other agreement. Within thirty (30) days of the full execution, the Ranch shall provide Developer with copies of all like or similar agreements for sewer service with any Third Party. The provisions of HAHO1-1MISC14K7L01!.DOC 9915.0288 #212817 v3 15 11111111111111111 111111 111 111111 111 1111111 1111 553170 10/04/1999 01:51P B1153 P644 M ALSDOR F 16 of 37 R 185.00 D 0.00 GARFIELD COUNTY CORE this section shall not apply to agreements with respect to properties located within the Original Ranch, as defined in the Second Amended Declaration governing the Ranch at Roaring Fork. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. RANCH AT ROARING FOR HOMEOWNERS ASSOCIATION, INC.. a Colorado non- profit corporation Attest: .-\ttst: Bv: Its: +HAHOL`MISC74K7L011.DOC 9915.o28a '1212917 v3 By:rfr.� Its: ✓'1'-C ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited liability company I6 illill IIIA 111111Illlil III IP.II111II III111111I 11 • 553170 10/04/1999 01 51P B1153 P645 M ALSDORF 17 of 37 R 185.00 0 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrume cvasacknowledged before me on this / 7 -day of gust, 1999, by (_ izfiptlas rr� and by '• R+,..6 '-s as 9crr - j,v,- _ of Ranch at Roaring Fork Homeo(vners Association. inc., a Colorado non-profit corporation. KIMBERLY A AABERG Notary Pubic State of Colorado My commission expires: -7 Or/ [SEAL] STATE OF& 1)o COUNTY OF7Zi,( ) ss. ) _ The foregoing instrument was acknowledged before me on this --1 c M! .Ckl e.,n b4), as Managing Member, and by of Aspen Equestrian Estates, liability company. My commission expires: s"-- et, [SEAL] iAHOL MISC\4K7Lol1_DOC 9915.029$ #212x17 v3 1 Notary Publ4 17 OAR t day ofust, 1999, by as LLC, a Colorado limited 411111 11444 111141 1 11111 111 I11llt144111114 I414111 553170 10f0 4/1999 01:51P1311.53 P646 M ALSDORF 18 of 37 R 185.00 0 0.00 GARFIELD COUNTY CO EXHIBIT 'catzcGv ar"LC' galla t, fir". Reg. Land Surveyors and Engineers &I Colorado Avenue Glenwood Sprigs, Colorado 31601 (303) 945.86664 • FRCP -7771.! DES R.t?T'!CN A parcel of land situated in a portion of Lots 3, 4, 6, 17, 13 and 19 cf Section 31, Township 7 South, PSe 87 West of the Sixth Principal Meridian, County of Garfield. State of Colorado, said parcel bei.ng more particularly described as follows: Commencing at the Witness Corner to the Northeast Corner of said Section 31, a stere in place; thence 5.50'01'05"W. 2350.39 feet to the Southeast Corner e= Recepticn No. 279416, also being a point cn the westerly right-of-way of County Read No. 100, a rear and cap L.S. No. 10732 in place, the True Point of Be'eirtnine; thence S.00"11'29"W. alcrx7 said westerly right-of-way 827.14 feet to a rebar and cap L.S. No. 10732 in place; thence continuing along said westerly right-of-way 5.03'56'29"W. 117.74 feet to a rebar and cap L. S. No. 10732 in place; thence continuing along said westerly right-of-way 5.11337' 2TV. 299.44 feet; thence leavin said westerly right-of-way N.72341'32"W. along a line being northerly of Blue Creek 136.34 feet; thence continuing along a line being northerly of Blue Creek {.774452'4. 317.09 feet; thence continuing alcrr a line being northerly of Blue Creek N.52°48'46'W. 375.98 feet; thence continuing along a line being northerly of Blue Creek N.41°30' 2'9"W. 89.74 feet; thence ccntimairq along a line being northerly of Slue Creek N.91'01 ° 17"W. 285.92 fee`; thence N.13'12'20"E. 120.00 fee: to a point in an existing fence; thence N.76"47'40"W. along said existing fence 1038.73 feet to a point_ cn the easterly line of Parcel 3 of Reception No. 375658 (from whence rebar and cap L.S. Nc . 10732 ' bears S.00°00118"W. 263.28 feet); thence N.00°C0' 13"Z. along said easterly line 1013.61 feet to a point cn the southerly er_y _ ig:^ _-otea• of Colorado Sate" Highway No. 32 as evidenced by existing right-of-way monuments and the existing centerline (whence a rebar and cap L.S. No. 3317 bears S.00°00'La"w. 3.99 feet); thence 5.79'56'55"3. along said southerly right-of-way 1982.77 feet; thence 5.10'30'58"W. along the easterly lire of said Reception No. 279415 133.47 feet to a rebar and cap L.S. No. 10732 in place; thence S.79"44'32"E. along the southerly 1i.re of said Reception No. 279416 247.29 feet to the True Feint of Berirninc; said parcel contain; g 57.889 acres, more or less. Together with a perpetual easement being a portion of Parcel "3" shun in Pececticn No. 375658 situated in a partici: of Lot 17 of Secticn 31, Towns: `_ 7 South, Rarer 87 'rest of the Sixth Principal Meridian. County o: Garfield, State of Colorado; said easrertt being more particularly described as follows: Commencing at the Witness Corner to the Ncrtheast Corner of said Section 31, a stere in place: thence S.81"10° 28'"W. 4257.59 feet to a point on the southerly right -cif -way of State Highway No. 82, the True Point of Becirn na; thence S.00°00118'"W. along the easterly line of said Parcel "B" 1013.61 feet to a point cn an existing fence; thence N.76'47'40"W. along said fence 67.27 feet to a point on the westerly lire of said Parcel "3"; thence N.CO°07'35"E. a?cng said westerly line 1009.48 feet to a point cn the southerly right -of -,way of said State Highway No. 82; thence 5.79°56'55"E. along said southerly right-of- way 64.35 feet to the True Point of Be ; rnir said easerent containing 1.496 acres, more or less. December 2, 1987 11111 II IiI 1111 1 I111111IIII 111111111111 11111111111111111 411 553170 10/04/1999 01.51P B1153 P647 M ALSDORF 19 of 37 R 185.00 0 0.00 GARFIELD COUNTY CO EXHIBIT "B," RANCH AT ROARING FORK _�MEOWNERS ASSOCIATION, INC. RULES AND REGULATIONS (SEWER SERVICE) SECTION 1 - GENERALIEXPLANATORY MATERIAL`* 1.1 PURPOSE. The purpose of these Rules and Regulations is to provide for the orderly management and operation of the sanitary sewer collection and treatment system serving the Service Area as hereafter defined. 1.2 INTENT OF CONSTRUCTION. It is intended that these Rules and Regulations shall be liberally construed to effect the general purposes set forth herein, and that each and every part thereof is separate and distinct from all other parts. 1.3 AMENDMENT. It is specifically acknowledged that the Ranch at Roaring Fork Homeowners Association, Inc. ("HOA") shall retain the power to amend these Rules and Regulations as it deems appropriate, by action of the Board of Directors. Prior notice of amendments shall not be required to be provided by the HOA. 1.4 DEFINITIONS. Unless the context specifically indicates otherwise, 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 5 -Day, 20 degrees centigrade Biochemical Oxygen Demand) shall mean the amount of oxygen which is utilized in the aerobic decomposition of sewage under laboratory procedures in accordance with the current "Standard Methods for the Examination of Water and Wastewater." Collection System shall mean the Sewer Mains which are either Common Facilities or Local Facilities. Portions Pursuant to and to the extent provided in Section 8 of the Agreement dated August 4, 1999, between Si Finnbar Land Company and the HOA, and pursuant to Section 7.1 of these Rules, the authority of the HOA with respect to the management and operation of the system has been delegated to the Committee established by that Agreement, effective upon the establishment of the St. Finnbar Homeowners' Association. ,:lc 1^l': .41ft%.01.1 -1- 1011,1. 1 J tea_ 0 CO C3 oQ Nam W ce Imo m ca iZari a. co =mg OM=+s isme09 m �+ 03 raj ac a=ll I." 1 6) ro t- •+ o EMI u ei) SEP 22 '9'3 03: 4cPfi Pei • cf the Collection System will be owned, operated, repaired, maintained and replaced by the HOA. but some portions cf the Collection System which are Local Facilities may be owned, operated, maintained, repaired and replaced by a Designated Intermediary as the representative of Owners served :y such Local Facilities if so provided in a written service contract with the HOA. Common Facilities shall mean those facilities generally serving the HOA's Service Area as a whole. Examples are trunk sewers and sewage treatment'plants. Designated Intermediary shall mean a Person designated in these Rules and :Regulations or in a contract as the party to act as an intermediary between the HDA and Owners within designated parts of the HOA's Service Area and/or to be ' a representative of Owners in that designated area. Notices to Owners in an area having a Designated Intermediary need only be given to the Designated Intermediary for that area. Payments due from Owners in an area having a Designated Intermediary shall be made by the Designated Intermediary for that area and, in general, the HOA will not be expected or required to deal directly with Owners in an area having a Designated Intermediary. The Designated Intermediary for St. Finnbar is the Developer of St. Finnbar or a successor Developer of St. Finnbar :snail a property association is forced for St. Finnbar and, thereafter, will be the property association for S. Finnbar. A similar arrangement will be applicable to Preshana and to the Commercial Parcel (as defined in the Ranch Covenants) within the Ranch, or separately developed portions of the Corrmercia? Parcel (e. q„, Ranch Creek) . The HCA is the Designated Intermediary for Owners of multi -family and condominium dwelling units within the Ranch for all purposes other than for payment of sums, fees or charges due hereunder. Developer shall mein the person(s), firm, joint venture, partnership or corporation which is the owner of land within the Service'Area which it seeks to have served by the Ranch at Roaring Fork Homeowners Association, Inc. Engineer shall mean the engineering firm, or duly authorized representative, designated by the HOA to act on its behalf inlall engineering and related matters. -2- 111111111111 III1M 111111 11 ilIII 1111111111 111 1111111111111111 553170 10/04/1999 01 51P B1153 P649 M ALSOORF 21 of 37 R 185.00 O 0.00 GARFIELD COUNTY CO This item includes an Inspector employed by the Engineer. • EQR - This is an abbreviation for Equivalent Residential Unit which is an average single-family detached residence or the equivalent, from a systems demand standpoint, as more fully described in Section 5.2 hereof. Sewer Main shall mean a sewer pipeline which is not a Service Line and carrying sanitary sewage wastes only. Service Line shall mean a sewer line serving either one building or more than one building if such buildings are on the same lot or parcel and under common ownership, extending from the building drain to the Sewer Main and shall include the tap into the Sewer Main. Sewage shall mean any liquid waste containing animal or vegetable matter in suspension or solution from residences or commercial buildings. Shall is mandatory; "May" is permissive. St. Finnbar shall mean the area adjacent to the east boundary of the Ranch and bounded on the south by the Roaring Fork River, on the east by The Catherine Store Road, on the north by Preshana and on the west by the Ranch. Suspended Solids shall mean the filterable solids measured by concentration in one liter of Sewage. Tap Fee shall mean the charge per EQR or portion thereof charged by the HOA for connection of a property to the HOA's sewer system. The current Tap Fee is $7500. User shall mean any Person actually discharging Sewage into the sewer system. SECTION 2 - OWNERSHIP AND OPERATION OF FACILITIES 2.1 RESPONSIBLE PARTIES. Unless otherwise agreed in a written service contract, it is the HOA's responsibility to operate and maintain all Common Facilities. sl{(e{•1*{ .{113% •0I -3- 1111111 11111 111111 111111 111 111111 I 011111111111111 553170 10/0411999 01:51P B1153 P650 M ALSD©RF 22 of 37 R 185.00 D 0.00 GARFIELD COUNTY CO It is the Developer's responsibility to finance, design, and construct all Local Facilities as defined herein. Such facilities shall be constructed in accordance with plans and specifications approved by the HOA. The Developer shall nay the cost of all such facilities. After construction, the Owners served by the Local Facilities, or, if one exists„ the Designated Intermediary, as representative of the Owners, shall be responsible for the operation, maintenance and replacement of all Local Facilities. It is the responsibility of the Owner or his builder to pay the cost of and construct all Service Lines. Such service facilities shall be constructed in accordance with plans and specifications approved by the HOA, and shall be subject to inspection by the HOA prior to use. The individual Owners shall be responsible for the operation, maintenance, repair and replacement of all Service Lines. 2.2 LIMITATION OF LIABILITY OF HOA. It is expressly stipulated 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 „smoking" of lines to determine drainage connections to HOA lines; breakage of Sewer Main lines by HOA personnel; inadequate sewer treatment; interruption of sewer service and the conditions resulting therefrom; breaking of any collection or service line, pipe, valve, or meter by any employee of the HOA; shutting off or turning on of service; making of connections or extensions; burst service lines and other facilities not owned by the HOA; or for doing anything to the systems of the HOA deemed 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 attempt to notify the other Designated Intermediaries whenever practicable. The HOA reserves the right to discontinue temporarily 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 Common Facilities connected with and forming an integral part of the sewer system and accepted for operation 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 e,.0+..,.I...III flPS -4- 111111111111 111111111111111 I11I I1'' I l 111 1111114 111 553170 10/04/1999 01 51P B1153 P651 M ALSDORP 23 of 37 R 185.00 D 0.00 GARFIELD COUNTY CO Designated Intermediary provides otherwise. Said ownership will remain valid whether the lines and treatment works are constructed, financed, paid for, or otherwise 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 Intermediary 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 system, shall become and is the property of the Owner. This principle shall not be changed by the fact that the HOA might construct, finance, pay for, repair, maintain or otherwise affect the Service Line. The construction and connection of any Service Line shall be done in compliance with these Rules and Regulations. The Owner's ownership 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 Sewer Main. All uses of the Service Line or any appurtenances thereto at any time after the initial connection to the sewer system shall be subject to these Rules and Regulations. 2.4 RIGHT OF ENTRY. The HOA, its agents, officers, employees, or other Persons designated by the HOA shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing, in accordance with the provisions of these Rules and Regulations. The granting of right of entry by the Owner and occupant is a condition to the provision of sewer service. 2.5 MODIFICATION, WAIVER AND SUSPENSION OF RULES. The HOA shall have the sole authority to, on a non-discriminatory basis, waive, suspend or modify these Rules and Regulations. Any such waiver or suspension shall not be deemed an amendment of the Rules and Regulations; nor will any such waiver or suspension be deemed a continuing waiver or suspension. SECTION 3 - CONDITIONS OF USE OF UTILITY SYSTEMS 3.1 APPLICATION FOR SERVICE. Subsequent to September 1, 1996, applications for service or modifications of service must be filed with the HOA on forms provided by the HOA and (i) be accompanied by the Tap Fee for initial service prior to any action to connect to the system, or (ii) be accompanied by the appropriate fees, if any, prior to any modification of such •:IC14,1,( ..VHS •**a -5- 1111111 11111 111111111111111111111 111111111111 I 11111 553170 10/0411999 01:51P 31153 P652 M ALSDORF 24 of 37 R 185.00 D 0.00 GARFIELD COUNTY CO connection to or service by the system. Only upon authorized approval of the application and receipt of any required fees may a connection or modified connection to or service by the system be made. Application approvals attach to the designated premises only. They are not affected by changes in the ownership of the licensed premises and are usable only in accordance with the terms of thie approved application. Neither application approvals nor the associated Tap Fees are transferable to other properties. No taps will be permitted or made during non -business hours without specific, written approval of the HOA. All information requested on the tap application form must be completed, and a diagram of the tap location included. Should any information of a material nature disclosed on the application prove at any time to be false, or should the applicant omit any information, the HOA shall have the right to reassess the Tap Fees originally charged at the rate current to the discovery by the HOA of the false or omitted information, and/or to disconnect the service in question, and/or to back -charge the property in question for service fees that may be due and owing, and/or to charge any other or additional fee or penalty specified in these Rules and Regulations, as amended. Any reassessment shall be due and payable, together with any penalties or other additional fees charged, and together with interest at the legal rate of interest as then in effect pursuant to §5-12-1O1 C.R.S. as it may be amended from time to time on the entire balance, upon and from the date of the original application. 3.2 DENIAL OF APPLICATION. The HOA shall have the right to deny application for service when, in the opinion of the HOA, the service applied for would exceed the capacity of the facilities. 3.3 MOVED OR DESTROYED_BUILDINGS. When buildings are moved or destroyed, the original tap authorization shall terminate and no credit shall be authorized for Tap Fees paid previously with respect to said building. 3.4 CHANGE IN OWNER'S EQUIPMENT, SERVICE OR USE OF PROPERTY. No change in the Owners equipment, service or use of property served shall be made without prior notification to and approval by the HOA. The HOA shall have no obligation to provide service to any Owner in excess of the EQRs which the HOA has expressly contracted to serve. Any change which increases the number of EQRs served by the sewer system will require payment of an additional Tap Fee or Tap Fees. Any change which decreases the �t KSlxtf; .sail/ •Yll -6- 1111111 nm nuu nuu iii uuu I1uu nunui mi 553170 10/04/1999 01 51P 81153 P653 11 ALSDORF 25 of 37 R 185.00 D 0.00 GARFIELD COUNTY CO burden placed on thie sewer system shall not result in a refund, rebate or reduction of any Tap Fees or other fees previously paid. 3.4.1 Any violation of Section 3.4 shall result in the assessment of an unauthorized connection fee, as provided by Section 3.5 of these Rules and Regulations, and the HOA shall take those steps authorized by these Rules and Regulations and Colorado law regarding the collection of said fees. 3.4.2 If the HOA believes that any Owner has changed the equipment, service, or use of their property in violation of this Section, the HOA shall notify the Owner (if within the Ranch) or the Designated Intermediary (if the Owner is not within the Ranch)of the HOA's belief, and the HOA's intent to assess any additional Tap Fees, service or unauthorized connection fees. The notice recipient shall be afforded thirty (30) days in which to respond to the HOA's notice. Failure to respond as required herein within the thirty (30) day period shall be deemed to establish the HOA's belief concerning the nature and extent of the change, and such additional Tap Fees, service and unauthorized connection fees as are deemed appropriate by the HOA shall be assessed against the property in question and shall be collected as provided under these Rules and Regulations and Colorado law. To defer the collection of said fees, and as a prerequisite to the right to hearing as provided for and described in Section 6 of these Rules and Regulations, any response by the Owner or applicable Designated Intermediary must, in addition to being provided in the thirty (30) days, include permission to make such inspection of the property in question as the HOA deems necessary to clearly establish the nature of equipment, service and use of the property in question. 3.5 UNAUTHORIZED CONNECTIONS AND FEES. No person shall be allowed to connect onto the sewer system or to enlarge or otherwise change equipment, service or use of property without prior payment of Tap Fees, approval of application for service, and adequate supervision and inspection of the taps by the HOA. Any such connection, enlargement, or change shall be deemed an unauthorized connection. Upon the discovery of any unauthorized connections, the HOA may, in its discretion, assess the property an unauthorized connection fee in an amount not to exceed twice the then -current Tap Fees that would be due for such property. The HOA shall send written notice to the Owner of the property benefited by such connections stating that an unauthorized connection has been made between the Owner's property and the sewer system. The Owner shall then have thirty (30) days from the date of the notice to pay the then -current Tap Fees. If that fee -7- Illllllllllllllllllllllllllll,lllllllllllllllllllll • 553170 1 /04/1599 01:51P 91153 P654 M ALSDORF 26 of 37 R 185.00 D 0.00 GARFIELD COUNTY CO is paid within the thirty (30) day period, the unauthorized connection fee 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 Tap would exceed the maximum allowable number pursuant to contractual or other limitations a notice of revocation of service shall be sent and service shall be disconnected pursuant to Section 3.6 of these Rules and Regulations. Once discontinued, service may be returned to the property only upon receipt by the HOA of both the unauthorized connection fee (if assessed) and the then -current Tap Fees, plus any service charges or any other charges that may be due. The -OA also reserves such rights of foreclosure as may be provided by law and/or these Rules and Regulations for the collection of unpaid fees and charges of the HOA. 3.6 REVOCATION OF SERVICE. Service may be revoked by the HOA upon non-payment of any valid fees or charges owing to the HOA or upon violation of these Rules and Regulations or the provisions of any contract for service. In the event of non-payment or upon violation of these Rules and Regulations or the provisions of any contract for service, the Owner (if within the Ranch) or Designated Intermediary (if such Owner is not with the Ranch) shall be given not less than thirty (30) days advance notice in writing of the revocation, which notice shall advise the Owner or applicable Designated Intermediary of its opportunity to be heard in accordance with the provisions of these Rules and Regulations or the applicable contract for service. If the non-payment or violation is not resolved within the time prescribed, service to the property shall be revoked by blocking or disconnecting the appropriate line serving the property. The cost of disconnection or blockage shall be assessed to the Owner or applicable Designated Intermediary. 3.7 FAILURE TO CONNECT. The Owner's right to connect to the sewer system shall terminate and any Tap Fee paid shall be retained by the HOA if the tap is not connected to the sewer system within 60 months of the payment of the Tap Fee, unless a contract for service expressly provides otherwise. SECTION 4 - SEWER SYSTEMS 4.1 UNAUTHORIZED TAMPERING WITH SYSTEMS. 4.1.1 No unauthorized Person shall uncover, use, alter, disturb, or make any connection with, or opening onto, use, alter, or disturb the sewer system without first obtaining a written .:rtx111,4 .N,+11 .n.. -8- 1111111111111111111111111 11111911011111111111111 553170 10/04/1999 01 51P B1153 P655 M ACSDORF 27 of 37 R 185.00 0 0.00 GARFIELD COUNTY CO permit from the HOA. Unauthorized uses of the sewer system include, but are not limited to, an unauthorized turn -on or turn- off of sewer service, or a tampering or in any way modifying any facility, even though the same may be performed on a privately owned and maintained Service Line. 4..1.2 No Person shall maliciously, willfully, or negligently, break, damage, destroy, uncover, deface or tamper with any portion of the sewer system. 4.1.3 Any Person who shall violate the provisions of this Section 4.1 shall be prosecuted to the full extent of Colorado law. 4.1.4 Any Person violating any of the provisions of these Rules and Regulations shall become liable to the HOA for any expense, loss or damage occasioned by reason of such violation, the amount of which shall be a lien upon the violator's property or a lien upon the property concerning which the violator was providing services at the time of the violation in question, whichever the HOA deems appropriate. 4.2 UNAUTHORIZED USES. The sanitary sewer system is for the disposal of water contaminated by biodegradable wastes. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, surface drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to the sewer system. In order to protect the sewage system from damage, destruction, deterioration, misuse or malfunction and to guard against health hazards and the creation of public nuisance the following regulations shall apply relative to the discharge of Sewage containing deleterious wastes. 4.2.1 Septic Facilities. A septic facility may not be utilized within the HOA Service Area unless a special permit is obtained from the HOA. 4.2.2 Prohibited Wastes. (a) Industrial Wastes. No Person or Persons shall discharge or cause to be discharged any industrial waste (defined as the liquid wastes from industrial processes, as distinguished from sanitary sewage) of any type into the sewer system. •Il %, ,1 4v IPII-F11F -9- 11111 nui uuu nuu iu IMIi ui num a uu 553170 10/04/1999 01 51P B1153 P656 M ALSDORF 28 of 37 R 185.00 0 0.00 GARFIELDCOUNTY CO (b) Inflow/Infiltration. No Person or Persons shall discharge or cause to be discharged. into the sewer system, from "ground surface, roof ladders, catch basins, or any other source, surface or sub -surface drainage or ground water. (c) Other Wastes. No Person or Persons shall discharge or cause to be discharged into the sewer system any of the following, except to the extent permitted under the express provisions of a written contract for service or approved application and upon the installation of suitable and approved, grease, sand, or oil interceptor or other pre-treatment facility: (1) Industrial cooling water. (2) Agricultural and livestock wastes. (3) Unpolluted process waters. (4) Bakery/restaurant wastes. (5) Car washing wastes. (6) Swimming pool 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 1/2 -inch in the largest dimension.. (10) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, 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 5.0 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 sewage 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 ■1R'N1] T1, ®1l10.F.p 1! -10- 11101 IL1I 111111 IIIIII III IIII1II MIME 553170 10/04/1999 01:51P 01153 P657 M ALSDORF 29 of 37 R 185.00 D 0.00 GARFIELD COUNTY CO or fish, or create any hazard in the receiving waters of the sewage treatment plant effluent. (13) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. gases, in the Solids. (14) Any noxious substances or malodorous waste, waters, or substance capable of creating a public nuisance, either sewer system or at the sewage treatment plant. (15) A 5 -day B.O.D. concentration greater than 300 ppm. (16) A concentration of more than 300 ppm of Suspended (17) Concentrated wastes from septic tanks and portable sanitary devices. (18) A peak flow rate greater than 5 times the average rate. (19) Any chemicals having a 24-hour proportionate composite sample concentration at the point of discharge in excess of the following: Cadmium Chromium Copper Cyanides Iron Phenol H2S (HydrogenSulfide) Zinc 0.10 mg/1 5.0 mg/1 3.0 mg/1. 2.0 mg/1 15.0 mg/1 10.0 mg/1 1.0 mg/1 2.0 mg/1 (20) Recreational vehicle -produced wastes. (21) Any wastes produced other than in a dwelling unit or commercial building within the Service Area. 4.2.3 Sump Pump and Other Illegal Devices. No plumbing fixture, device, construction or plumbing system shall be installed within any building or improvement which will provide a connection between the sewer system, directly or indirectly, or with a Sewer Service Line for the purpose of draining ground or surface waters into the sewer system, and no physical connections shall be permitted whereby a Sewer Service Line is connected to a 411C...11.1 .,11111 x51111 -11- IIM1 11111Huuditillill1111111111vill 553170 10/04/1999 01:51P B1153 P558 ?1 ALSDORF 30 of 37 R 185.00 D 0.00 GARFIELD COUNTY CO sump pump or other facility in such a manner that through the manipulation of valves, or because of 1ac:c of back pressure valves, or because of any ether arrangement, it is possible to drain flood, overflow, drain, storm, or groundwater directly or indirectly into the sewer system. Any Person having connected, or permitting to be connected such a forbidden system to any Common Facilities, Local Facilities, Collection System, Service Line or any Sewer Main may be summarily ordered to disconnect such forbidden device or pumping system at his cost, and upon failure to do so, the HOA may forthwith disconnect any Service Line from the property containing such a forbidden device or pumping system at the Sewer Main, the cost of which shall be a lien and charge against the property involved. No Service Line shall thereafter be connected to the sewer system without payment of all applicable fees to the HOA, costs and expenses of the HOA relative thereto, and positive proof that such improper and illegal connection or device has been removed and will not thereafter be reconnected to the sewer system. 4.2.4 Construction and Cleaning of Grease, Oil and Sand Traps. Grease, oil and sand interceptors shall be provided at the sole cost and expense of the Owner when, in the opinion of the HOA, they are necessary for the proper handling of liquid wastes containing greases, oil, etc., in excessive amounts, or any flammable wastes, sand or other harmful ingredient. All interceptors shall be located so as to be readily available and accessible for cleaning and inspection. Grease and oil interceptors shall be in an accessible location for maintenance and inspection and shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be watertight, and, if necessary as determined by the HOA, gastight and vented. Where installed, all grease and oil and sand interceptors shall be maintained by the Owner at his expense, in continually efficient operation at all times. The HOA requires a monthly or periodic cleaning and pumping of any grease traps as approved by the HOA. Periodic inspections may be made of sand and grease traps and interceptors and in the event the Owner is in violation of these Rules and Regulations, the Owner shall be held accountable as set forth in these Rules and Regulations. The charge for these inspections to the Owner shall be a direct pass - an of the expense to the HOA and shall be billed directly by the HOA for all costs incurred by the HOA in inspecting the property. 4.2.5 Swimming Pools. No public or private swimming pool shall be connected to the sewer system. 4.3 RESPONSIBILITIES OF THE OWNER .I,cr,tr,1 Ir..$4 11.1 -12- 111111I111111`111111111 111111111111 11111 1E 111 553170 10104/1999 01:51P B1153 P659 M ALSOORF 31 of 37 R 195.00 D 0.00 GARFIELD COUNTY CO 4.3.1 Sewer Service Li::e Maintenance. Each Owner shall be responsible for maintaining his Service Lines. Infiltration leaks or breaks in the Service Lines shall be repaired by the Owner within 72 hours from the time of notification of such condition by the HCA. If satisfactory progress toward repairing The leak has not been made by :he tirr.e specified, the HCA shall have the authority to repair, or have repaired, the lines and shall charge the Owner all resulting costs thereof. The HOA shall be entitled to place a lien against the property of such Owner securing payment of such costs. 4.4 ENFORCEMENT. a. The HOA shall have the right to revoke service to any property for violations of these Rules and Regulations in accordance with the procedures set forth in these Rules and Regulations. b. whenever a discharge of Sewage or the operation of a grease interceptor or sand or oil trap is in violation of the provisions of these Rules and Regulations or otherwise 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 may notify the State Health Department and effect. disconnection of the Service Line from the sewer system, until such time as the HOA has received adequate assurances that any and all violations of the HOA's Rules and Regulations will cease and will not occur in the future. In addition, all of the costs of the aforementioned proceedings shall be charged against the property and, until paid shall constitute a perpetual lien against the property. When a discharge of wastes causes an obstruction, damage or any other impairment to the sewer system, the HOA may assess a charge against the Owner for the work required to clean or repair the facility and add such charge to the Owner's (or if applicable, such Owner's Designated Intermediary's) sewer service charge, and the HOA shall have such remedies for the collection of such costs as it has for the collection of sewer service charges which, until paid, shall constitute a perpetual lien against the property. mrst 1.1'1 tttttt WIN -13- 111111111111111111111111111IIIII1I Il 11111 1111 1111 55323of0370R04/1999 185.00 D1:51P 61153 0.00 GARFIELDB0 M S DORF COUNTY CO d. In order to effect its powers, the HOA may enter upon private property for the purpose of inspec.ion and maintenance of sanitary and waste disposal facilities and may terminate service to property in which a violation of any of these Rules and. Regulations is found to exist. In order to secure the payment and performance of the obligations of Owners, Designated Intermediaries, and Users hereunder, each Owner, Designated Intermediary and User, on behalf of itself and its heirs, successors and assigns hereby grants to the HOA and its successors and assigns a perpetual lien upon its property. Such perpetual lien shall run with such property and shall be binding upon and enforceable against each Owner, Designated Intermediary and User and each and all of their respective heirs, successors and assigns. After notice to any such Owner, Designated Intermediary or User and a 30 -day right of cure by the applicable Owner, Designated Intermediary or User, the perpetual lien may be foreclosed and/or executed or realized upon by the HOA as a mortgage, or by any other means authorized under the applicable laws of the State of Colorado. Such lien shall be prior and superior to any other lien or encumbrance upon the applicable property, excepting only the lien for ad valorem real property taxes and the lien of any first mortgage or first deed of trust on the applicable property taken in good faith and for value and perfected by recording in the office of the clerk and recorder of Garfield County, Colorado, prior to the time of recording by or on behalf of the HOA of a specific notice of lien claim. SECTION 5 - RATES AND CHARGES 5.1 GENERAL. The HOA has established Tap Fees and a mechanism for determining service charges. These fees may be increased or decreased by the HOA at any time without notice. 5.2 EOUIVALENT RESIDENTIAL UNIT (EOR) SCHEDULES. For the setting of Tap Fees, the HOA has found it convenient to establish Equivalent Residential Unit Schedules. The basis for these Schedules is an average detached single-family residence, or its equivalent The Schedules are given in Appendix A attached hereto. 5.3 SEWER SERVICE CHARGES. Sewer system operating revenues are primarily derived from sewer service charges. Sewer service 411111. OA. -14- ACM H111 1100 1111 II IID1II I Il MII M I 11111 553170 10/04/1999 01:51P B1153 P661 !1 ALSDORF 33 of 37 R 185.00 D 0.00 GARFIELD COUNTY CO charges shall be billed and payable amount estimate shall do on a periodic basis, in an determined by the HOA from time to time based on the HOA's of revenues necessary to operate the system. The HCA an annual reconciliation and make appropriate adjustments regarding the service charges paid or to be paid by each Owner and Designated Intermediary.. 5.4 PENALTY FOR LATE PAYMENT. At any time the Owner or, if applicable, the Designated Intermediary is twenty (20) days overdue in payment of any charges due the HOA, the HOA shall have the right to assess a late charge of Ten Dollars ($10.00) and an interest charge at a rate of one percent (1 %) per month on the unpaid balance. The HOA has the right to assess to any Owner or Designated Intermediary who is overdue in payment of his account, all legal, court, disconnection, blockage and other costs necessary to or incidental to the collection of said account. 5.5 PENALTIES FOR FORECLOSURE -PROCEEDINGS. If at any time it becomes necessary for the HOA, following efforts to collect overdue payments of any fee or charge assessed by the HOA under these Rules and Regulations or otherwise to enforce the provisions hereof, to initiate foreclosure proceedings, the HOA shall in each such case assess a foreclosure fee against the subject property in an amount equal to the attorneys' fees and other costs of the foreclosure proceedings. Payment of the foreclosure fee and any and all other fees outstanding against the subject property shall be a precondition to the resumption of service to that property. SECTION 6 - COMPLAINT RESOLUTION AND APPEAL PROCEDURES 6.1 APPLICATION. The complaint resolution and appeal procedures established by this Section shall apply to all complaints concerning the interpretation, application, or enforcement of the Rules and Regulations of the HOA, as they now exist or may hereafter be amended. 6.2 INITIAL COMPLAINT RESOLUTION. Complaints concerning the interpretation, application, or enforcement of the Rules and Regulations of the HOA must be presented in writing to the HOA. Upon receipt of a complaint, a hearing officer may be designated by the HOA to hear and investigate the complaint. After a full and complete review of the allegations contained in the complaint, the hearing officer shall take such action and/or make such determination as may be warranted and shall notify the complainant •:K..'U noxa o0 -15- 1111111 uui uuu ami ui iuiitiii m imam im 553170 10/04/1999 01:51P 61153 P562 M ALSDORF 34 of 37 R 185.00 D 0,00 GARFIELD COUNTY CO • of the action or determination bye mail within thirty (30) days after receipt of the complaint. 6.3 APPEALS TO THE BOARD. In the event the complainant disagrees with the determination of the hearing officer, the complainant may, within fifteen (I5) days from the date of mailing of such determination, file with the HOA a written request for an appeal thereof to the Board of Directors. (If no such hearing officer was appointed, the complaint shall be heard in its entirety by the Board of Directors). The request for an appeal shall set forth with specificity the facts upon 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 written request at the next regularly scheduled meeting held not earlier than ten (10) days after the filing of the complainants request for appeal. Such considerations shall be limited exclusively to a review of the Complainant's written request for appeal. No further evidence shall be presented by any party to the appeal and There shall be no right to a hearing de novo before the Board of Directors. 6.4 BOARD'S FINDINGS_ The Board of Directors shall make written findings concerning the disposition, of the appeal presented to it and shall cause notice of the decision to be sent by certified mail to the complainant within thirty (30) days after the hearing. The Board of Directors will not reverse the decision of the hearing officer unless it appears that such decision was contrary to the manifest weight of the evidence made available to the hearing officer. 6.5 ARBITRATION. If, and only if, after a hearing by the Board of Directors, the complaint has not been satisfactorily resolved, the complainant shall be obligated to submit the matter to binding arbitration before one arbitrator under the commercial rules of the American Arbitration Association in Glenwood Springs, Colorado. If the arbitrator finds that a party is entitled to relief available only through court proceedings, such as foreclosure or injunctive relief, the party may proceed in court to obtain such relief based on the arbitrator's decision, which shall not be challenged. SECTION 7 - SPECIFIC SERVICE CONTRACTS 7.1 CONFLICTS. If and to the extent the terms of these Rules and Regulations are inconsistent or in conflict with the express provisions of a written service contract between the HOA and an Owner or Designated Intermediary or to the extent the express It,.t11.1101111 -16- provisions of such written service contract are more specific with regard to any particular matter, the express provisions of such written service contract shall supersede and be controlling over e tears of these Rules and Regulations. III 11111 II1M1 11111 1 II1 1111 I 1111 11 (III 553170 10/04/1999 01:51P B1153 P663 M ALSDORF 35 of 37 R 185,00 D 0.00 GARFIELD COUNTY CO .IM s1I,I n»f-eu -17- Sap -22-m3 15:Ca From -IRELAND 57Ap! i01� 3336232700 11111 T-183 P 02/03 F-031 Exhibit C To the _ Sewer Service?.gr:.er:rent dated September L 1979 Berween the Ranch at Roaring Fork HOA and Aspen, Equestrian Estates, LLC Subject to compliance with the provsions of the Agreement. and notwithstanding any inconsistent terms therein, the ancillary amenities described in this Exhibit C and in Attachment 1 hereto shall be permitted on the Developer Property and shall be provided with wastewater n-earment service in accordance with the Agreement; provided that drainage from the swimming pool and animal waste from the equestrian center and barn shall be treated with a separate septic system which is the sok responsibility of the Developer. The pool drainage and animal waste shall be disposed of by the Developer in such a manner as to preclude any portion of such drainage and waste from being introduced into the Ranch's potable water or wastewater treatment systems or its fisheries, or from otherwise having an adverse effect on the use and enjoyment of the Ranch's residential and common areas. The permitted amenities may include an approximately 25,000 gallon swimming pool, hot tubs and health clubs, a restauranuspecial event and banquet facility to seat up to 200 people; and an equestrian center, all as more nilly described in Attachment 1. The facilities on the equestrian parcel may be used by the general public to the extent not used by residential owners The amenities shall be deemed to represent the number of EQRs set forth in Attachment 1. The related tap and maintenance fees shall be payable in accordance with the Agreement. 1111111 IIIA !11111 !11111 II! (111111111111111111 !111111 5531.70 10/04/1999 01:51P 81153 P664 ri ALSDORF 36 of 37 R 185.00 0 0.00 GARFIELD COUNTY CO 1fAJ(ULNA T•1415cALe1 O1.704 99150_'!8 #20,470 .1 • 1 111111 11111 111111 11111 11 111111 111111 111 11111 1111 1111 533170 10/04/1999 01 51P B1153 P665 M RLSDORF 37 of 37 R 185.00 D 0.00 GRRFIELD COUNTY CO Attachment 1 Aspen Equestrian Estates P.U.D. Planned Water Uses Other Than Non-residential dwelling For purposes of this Agreement, EQR's for the following uses shall be calculated based on the Table below: Community Center [swimming poot(s), hot tub(s), heath ctubJ(resident use only] EQR per unit toilets or urinals 0.15 sinks 0.10 showers 0.15 25.000 gallon swimming pool (backwash water only)1 1.0 Equestrian Center [horse barn/arena facility and amenities'; restaurant/bar/banquet facility, tennis/health facility] EQR per unit toilets or urinals 0.3 sinks 0.2 showers 0.3 Kitchen (sink. dishwasher, washing machine) 0.5 Restaurant/ Bar/ Banquet Facility' 0.411 st 10 seats; 0.04/seat thereafter Draining of swimming pool(s) and hot tub(s) will not be connected to Ranch wastewater system and will be connected to separate on-site septic system. Swimming pool backwash water will be connected to Ranch wastewater system. 2 Horse baths will drain to ground or on-site septic system. 3 The EQR calculation listed in the Table applies if this facility is less than a full public restaurant or is limited to occasional, scheduled events. If the facility is a full restaurant open to residents and non-residents, then the following EQR calculation shall apply: 1.0 EQR/1st 10 seats and 0.1 EQR/seat thereafter. W:1Weinberg14871Docs\ZancanellaTableWaterUseso3,wpd • ti\�°°1\0 �1111� 0414* ev ���, tis , a is ce 1 ,,ec\..N cr CO'\e P�- go esti �, p6 UNC �� G ��c� t Se�et S aa� S�, t' � ta�� cos,f©PS P C° G��FZCQ�b�'� "teeea''s o�c4Peye\o4e tre114�e5�,n� P�ecute©�' tjtis Gp`� eb+111'',�a5ps. ,,l�0 5. .4 �PV a toce et1,�1'1' o tiQ4 • � L 1, rtre��,'� t3'fiq9`�•\°taatea eCa tabo;�t� l°�St\°4tk�atetisti'fi� trGHQ��°SahasSLtre`5tae* 14rNoeat�`a4ett��et�te sst�t� ©t,e toCett'I•�es), c ec5 � �,-a � � fits Nol \ hereinafter �St. �a\\•; e efit PS4 p,R ce4e\y tt;,s ��o Rafic ash . V�`C G� P he a1� -C R ? uh a y St �� ,\�15 eoc°e'c �t cps .° )' Cd °t State •Kik© Sectio. tes`��fitat�'elb 0 °fC te�t,b.0, a afi e �. efit �es,� eon eat tteattt' ac tta' a\a4e `AIS kV is 2�e �G� \o�aae Bch v R e S P - Comb, the Ranch Systems to t Stagecoach L. described in th recorded in Boc� Easement"), being Property adjacent t, through the easement Fork, Phase 5, or, thrc Roaring Fork, Phase V, October 20, 1995, recorc, records; and (3) through the (the "Connecting Main Ease;_ non-exclusive easement righ, Connecting Main Easement Ro The Connecting Main shall be own Ranch. Notwithstanding that fact, t installed by and at the cost and exp approval of the Ranch, or ifit has been Ric?tole -11' t s ,� �'tec toe `t a e ° ted 4 4tove © b e� �UUnn #114 gesL G• e,e .oC I o L�'e \b, 5 •ab a ray e e tee efi besc�1be� e fit °t a COIN to • \Ne � c �,�, b ' �te� y•t�t°o �,ta4ett at'b t� st � ��e�etce i fit° aY' �t�,e 4�a P`�e 'fi5"°' c' 26 C ted �,,� ° P S-. �t st l toQect� efite Noce, deb its co Pu'F•‘ \3 �,c� Y'ay ti besc' eett'efit ire b � St• afib tie R t`'�i � eficeb �' e Pati ; t a� ae �. �� �b� as to a fitb'kect'tta beta° e e� C• e`$ ee„ °t co lt,at p,$te t,tax �\c►s`b,° sae chi �e�°ebby St VeNe�oc�te ofce�tto tr vC- Oest.tn is la egg x e pct ee efi bo tb e`� ecofis S Pit t cte �° , 4 :o bac CQ\ 4 t'.tes' va'4 ovtae oft o4e fi� t �e� 4cow`ec� ee 'efits 4e,�Ve �T° P p„let. P�• t.0s � ,-e' e�' \ext1°� iste Oe, ec°� t°fie G • see $ a4et4 D 111111111111111111111111 111 T 11111111 1111 1111 553171 10/04/1999 02 02P 61153 P666 11 ALSDORF 1 of 8 R 40.00 D 0.00 GARFiELD COUNTY Co • 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 ei - i day of - , IN 1999, by and between, the RANCH AT ROARING FORK HOME OWNERS ASSOCIA N, INC., a Colorado non-profit corporation (the "Ranch, ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited liability company ("AEE"), and ST. FINNBAR LAND COMPANY, a Colorado corporation ("St. Finnbar")(AEE and St. Finnbar collectively referred to as "Developers" or individually as "Developer")(AEE, St. Finnbar and the Ranch collectively referred to as the 'Parties") RECITALS A. The Ranch is the homeowners' association for a residential community known as "The Ranch at Roaring Fork," located in the County of Garfield, State of Colorado (the "Ranch Property"). B. The Ranch owns and operates a wastewater treatment plant and related facilities appurtenances and collection systems (the "Existing Facilities") on and about the Ranch Property for the benefit of the owners thereof. C. The Developers are the owners of certain real property located in the County of Garfield, State of Colorado, (the "Developer Properties"), which Developer Properties lie adjacent to the Ranch Property. D. 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 services to the St. Finnbar property as referenced and described in the St. Finnbar Agreement. E. AEE and the Ranch have entered into an Agreement for Sewer Service dated _5.,.. T/ e&L 2, f`i'' `l ("AEE Agreement") for the provision of sewer services to the AEE property as referenced and described in the AEE Agreement. F The St. Finnbar Agreement and the AEE Agreement ("collectively, the "Developer Agreements") provide for a connecting sewer main line ("Connecting Main") to be constructed on the Ranch Property in order to provide sewer service to the Developer Properties. However, the Developer Agreements currently contemplate that the Connecting Main will be constructed by St. Finnbar with cost reimbursement to come from AEE. G. The Developer Agreements provide for each Developer to design and construct sewage collection systems (the "Developer Collection Systems") on their respective Developer Properties. 1 Hity uui 111111 111111 111 IIIIIII 111 11111 1111 II 553171 10/04/1999 02:02P B1153 P667 M ALSDORF 2 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO • H. The Parties wish to amend the Developer Agreements with respect to the design, construction and utilization of the Connecting Main, the cost recovery associated with the Connecting Main, and which party will construct the Main. 1. The Parties desire to address these issues within in this Agreement and set forth their agreement regarding the terms, covenants and conditions under which 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 conflict in word or interpretation with this Agreement. NOW, THEREFORE, for and in consideration of the premises and mutual covenants hereinafter set forth, the Parties agree as follows: 1. Section 1 .b. in the Developer Agreements shall be amended in its entirety to read as follows: Connecting Main. A connecting sewer line will need to be designed and constructed within the Ranch Property ("Connecting Main"), in order to connect the Developer Collection Systems 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 (``Usage Easement"), being an easement under which AEE has the right to use a portion of the Ranch Property adjacent to the AEE Property's west boundary ("Preshana Usage Portion"); (2) through the easement owned by St. Finnbar along the south line of Lot 13, Ranch at Roaring Fork, Phase 5, or, through the easement along the southerly boundary of Lot 12, Ranch at Roaring Fork, Phase V, 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; 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 to each other a reciprocal non-exclusive easement right and privilege to use and enjoy the easements along the Connecting Main Easement Route. The Connecting Main shall be owned and operated, maintained, repaired and replaced by the Ranch. Notwithstanding that fact, the Connecting Main shall be designed, engineered and installed by and at the cost and expense of the Developers, subject to the direction and approval of the Ranch, or if it has been activated, the Committee, as defined in the Developer Agreements, in the exercise of its reasonable discretion. The Developers shall indemnify and hold harmless the Ranch from all loss, cost, damage and expense, including, without limitation, attorneys fees, arising out of the design, engineering and installation of the Connecting Main by the Developers. Such loss resulting from the design, engineering and installation of the Connecting Main shall be borne by the Developers in accordance with their respective Developer Share. 1 111111 11111 111111 111111 111 1111 1111 111 11111 Hil 1111 553171 10/04/1999 02:02P 81153 P668 M ALSDORF 3 of 8 R 40.00 0 0.00 GARFIELD 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"). 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 1(b), as amended (the "Connecting Developer"), shall have the right to connect into and use the Connecting Main . It 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 A3" 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 andior disapprove of the design and engineering plans produced by the Constructing Developer's engineers, and (ii) inspect construction ofthe 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, ofthe costs to the Constructing Developer of designing and installing the Connecting Main ("Construction Costs"). The "Construction Costs" of the Connecting Main shall mean 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, construction, and installation of such Connecting Main and manholes. Upon completion of the work, an affidavit of costs itemizing and certifying all costs and expenses incurred in connection with the Connecting Main construction, will be submitted by the Constructing Developer for approval by the Ranch and Connecting Developer, thereby establishing the "Construction Costs" for purposes of reimbursement under this Agreement. Any disputes regarding incurment or payment of Construction Costs shall 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 ('/2) 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. As part of its award or judgement in the arbitration , the arbitrator shall have authority to award the prevailing party its reasonable attorney fees and costs. Pending any arbitration, the Connecting Developer may, 3 IIM 111 111 111111 1 I11 1 II 11 IIl • 553171 10/04/1999 02 O2P B1153 P669 it AL5DORF 4 of 8 R 40.00 D 0.00 GARFIELD COUNTY Co at its option, escrow with the Ranch the amount set forth in the affidavit of Construction Costs and obtain immediate service. The escrow amount shall be deposited with a local commercial bank in a money market type 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 of the costs of thereafter maintaining, repairing and replacing the Connecting Main ("Maintenance Costs"). The "Developer Share" shall initially be based on the Developers' development plans and shall be 77% to AEE and 23% 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 if that 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. 3. 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 purposes 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 3% per 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. 5. Representations Regarding 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 of the Garfield County Real Estate Records ("Lot 13 Easement") situated along the south line of Lot 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 (Preshana Usage Portion ), and to the easement along the southerly boundary of Lot 12, Ranch at Roaring Fork, 4 I III11111111 111111 II1I1I 11I AIME 553171 10/04/1999 02:02P 81153 P670 M ALSDORF 5 of 8 R 40.00 D 0.00 GARFIELD COUNTY 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 ofthis Agreement) that portion ofthe Connecting Main Easement Route from the 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: (1) evidence from a reputable title company that no mortgage or deed of trust (a ``Lien" and the holder thereof being a "Lienholder") on Lot 13 is senior or prior to the Lot 13 Easement or (ii) good and sufficient subordination(s) in recordable form by any 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 that there exists no Lienholder on the AEE Property with a Lien senior or prior to this Agreement and, in particular, the easement granted to St. Finnbar under Paragraph 3 above or (ii) a good and sufficient 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 that no mortgage or deed of trust (a "Lien" and the holder thereof being 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 property(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, INC., a Colorado nonprofit corporation. By: Its: 5 1Hill 11111111111X11111111IHJIH 111 11111 1111 111 553171 10/04/1999 02:02P 61153 P671 M ALSDORF 6 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO STA TE OF COLORADO COUNTY OF GARFIELD • ASPEN EQUESTRIAN ESTATES, LLC By:r %-' }J y Weinberg, managing member ST. FINNBAR LAND COMPANY, a Colorado corporation. By: Its: ' . 4-11# ) ss. ) The foregoing instrument was acknvwrledged before ate on this.; -•m day of +C 1999, by : ! ` ) t' I'I pi.124-1 as <'t -t! as ''off Ranch at Icing Fork a Colorado non-profit corporation. STATE OF _' �� . ' �.� <� C ) ) ss, COUNTY OF ) and by Homeowners Association, Inc.. • Lit -Notary Public My Commission Expires: 7/23/2001 xpfres The foregoing instrument was acknowledged before me on chi :, , day of Zr 199_, by. Jay Weinberg as managing member of Aspen Equestrian Estates, LLC, a Colorado limited Liability corporation. / 6 Notary Publle My Commission Expires: S--- . • STATE OF'Q/Qla4Q ) �/ ) ss. COUNTY OF /9/1fiv'� ) The foregoing instrument was acknowledged befor me on this day of c• , 1991, by /72o,*, , '//r Pict ii emi- Secreley of St. Finnbar Land Company, a Colorado corporation. at.° V'Mte.,(4‘'' Notary Valk MY CQMMISSiON IXPtnES My Commission Expires: 417/01 W \Weinberg\487,Docs`StFinnPreshanaRRFConncctMainAgrmtCL4 wpd 111111111111111111111111 01111111 111111 111 11111 1111 1111 533171 10/04/1999 02.02P B1153 P672 M ALSDORF 7 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO 7 ()Nf'�L71 T �7 ':O :b H, EX IM+$255.31' V-6249.61' IN . IN = 6249..:1 Al -EX H, Al = 6255.40 IN = 6250.21 A2 -A1 AI -Ex 1 ' = 5 C7' \6• s ?� LOT 1.3 M.H. A2 1:""..,,s41,, RIM = 6255 50 ,3s INV. IN = 6250.79 A3 -A2 INV. OUT = 6250.58 A2 -A1 1 O ,\/EXISTING k a,\ ,\Q 10' SEWER 1 EASEMENT ,`\ A \\ 1NC 12PROPOSED j RANCH AT 10' UTILITY '; fMARING FOR \ EASEMENT \ PHASE V \ & 4 EXISTING 20' SEWER & WATER EASEMENT M_H, AA f RIM - 6256.00 INV. IN = 6252. INV OUT = 625 7. 0 M,H. A3 RIM = 6256.0 ) INV. IN = 6251 71 A4 -A3 INV. OUT = 667.51 A3 -A2 PROPOSED 4" SEWER ST, FINNOAR TIE IN ST. FINNBARR JAN -10 -JO IICN 121.'00 P11 1z COJN RY ENG I NEER I NG r P,X NO. 97 5 2555 P. 32,03 .IEEEIYEDJ#N 1 0 200C • 93'330,63 January 6, 2000 Leslie 1 hype 11izh CoLaetry Lngineering. Inc, 923 ('txipe;r Avenue: Glenwood Springs, CO 81601 • REQ \J FIRE • EMS • RESCUE 14E: Aspen Equestrian Estates — Tank Building and Pump House Dear Leslie, 1 hanks for the opportunity to comment ottthe Lark and pump ht./use drawings. 1 have reviewed thcni for compliance with the following standards: f N 1:PA 20, Standard for the Installation of Stationary Pumps for Fire Protection. 1999 edition t NITA 22, Standard for Mal Tanks for Private Fire Protection, 1998 edition • NFPA 24, Standard for the installation of Private Fire Service Mains and Their Appal tcnr:nces, 1995 edition l Will need additional information for the booster pump station including detailed data describing [lamp, driccr, controller, power supply, fittings, and suction and discharge connections. (NITA 20, 14.3 ) icncr ConirttcncS: 1. ill:. cci 1rili, al fir - pump shall be listed for fire protection service. (NFT'A 20, 2-2.1) 2. Rated pump capacities s11a'1 be rated at nct pressures of40 psi or more. (Nt`P A 20, 2-3) 3. Cheek and gate valves at pump discharge to be listed. (NFPA 20, 2-10.4) 4. Pressure gauges to be installed per NFPA 20, 2-5 5. Provide circulation relief a1vc per NFPA 20, 2-6 6. Suithle means shall be provided for maintaining the temperature of the pump room above 40°['. 7. Provide pump room ventilation and drainage per NFPA 20, 2-7 1y. Install listed outside scree and yoke (OS&Y) gate valve. in pump suction pipe. (NFPA 20, 2- 9.5 9. Install vortex plate at entrance to suction pipe per N1'PA 20, 2-9.10 10. fnstallntion oFthc pump shall be arranged In allow the test attic pump at its rated conditions as well as the suction supply at the maximum flow available from the fire pump. (NEPA 20, 2-14) 11. Provide hose valves and hose valve header for testing per N1'PA 20, 2-14.3 12. All controllers and transfer switches to be installed and tested perNFPA 20, Chapter 7 13. Acceptance Testing, Pcifoeinanco and Maintenance to he per NI:PA 20, Chapter 11. Carbondale & Rural Fire Protection District 300 Mcadowood Drive - Carbondale, CO 81623 • '9701963.2481 Fax 983-7569 JAN -10-a0 MCN 12:00 R11 Ill COUNTRY ENGINEERING FR O. lip 2555 cpcn Equestrian Estates-- Tank Building and Pump House l'st gc P, 03/03 The lire hydrant, which is to be connected directly to the water tank, should be painted yellow with " SUC°i [ON' stenciled 011 the bonnet. The other fire hydrant irxiicated on the drawings, connected to the discharge side of the fire pump, should be removed and a standard fire depart nient CouLICCI1on (PDC) instalkd in its place., (See NEPA 24, 2-6) The PDC should be placcJ at the outside wall mar the entrance to the pump room. Connection to the FDC from fire iL p t uncut appaeatus would allow the system to be pumped in the event of a pump or power failure. 3'kesc contact me. if you have any questions or if 1 can be of any assistance. SlneerclW , ? ,1 ,. Bill Covet le Fire I'vlarsha! Cc: Kit Lynn, Garfield County Planning s • AGREEMENT This Agreement is made and entered into between Carbondale and Rural Fire Protection District (Fire District) and Aspen Equestrian Estates (Developer), 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 Resolution No. 93-7, Series of 1993, providing for collection of a base development impact fee of $200.00 per residential lot, multi- family residential unit, or for each 10,000 square 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 lot, multi -family residential unit, or for 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 1,900 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 1,900 square feet of size or fraction thereof, or $1,042.50 for each 1,900 square feet of hotel/motel buildings in size with an additional fee of $1,042.50 for each additional 1,900 square feet of size or fraction thereof; and WHEREAS, the Developer is seeking subdivision approval for Aspen Equestrian Estates from Garfield County, which property is located within the Fire District boundaries and is subject to the terms 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 Developer 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 feet in size with an additional 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 hotel/motel buildings in size with an additional fee of $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 such subdivision or such other date as the Developer and the Fire District may agree to in writing; and WHEREAS, there are 47 single family residential lots, 3 employee residential units, or 0 commercial lots or 0 hotel/motel lots that could be created in Aspen Equestrian Estates; and WHEREAS, the parties have reached an agreement regarding the amount, time of payment, and other matters agreed to by the parties, and the parties wish to set forth their agreement in writing. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Prior to the recording of the final subdivision plat for Aspen Equestrian Estates, Subdivision, the Developer shall pay the Fire District $20,850.00. This sum represents payment of a development impact fee in the amount of $417.00 for each residential lot, multi -family units, or commercial or industrial building up to 1,900 square feet in. size with an additional 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 hotel/motel buildings in size with an additional fee of $1,042.50 for each additional 1,900 square feet of size or fraction thereof; and 2. The Developer acknowledges and agrees that the contemplated development in Aspen Equestrian Estates, will cause certain fiscal impacts on the Fire District and will create the need for additional Fire District facilities and services. The Developer further acknowledges that this development should share proportionately in the cost of providing these additional facilities and services. The Developer further acknowledges and agrees that the development impact fee to be collected according to the above -referenced resolutions and the terms of this agreement is based on a rational nexus between the impact of this development and the amount of said fees and that said fee is reasonable and necessary to offset the additional costs that will be incurred by the Fire District for capital improvements, facilities, equipment, personnel, and services as a result of this development. Finally, the Developer acknowledges and agrees that the impact fee is lawful and valid and that the terms and conditions of said Resolutions are binding on and enforceable against the Developer. 3. The Developer hereby irrevocably waives and releases and agrees to indemnify the Fire District from any and all claims of any kind that might be asserted against the Fire District arising out of or in connection with the development impact fee, the collection or use thereof by the Fire District, or the terms of this agreement; provided, however, that this waiver shall not preclude the Developer from enforcing the terms of this agreement relating to reimbursement of excess fees as set forth more fully below. 4. Both parties have participated in the negotiation and a • drafting of this agreement, and it shall therefore be interpreted or construed in favor or against either party by virtue thereof. 5. This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado. The venue for any litigation arising out of this agreement shall be the District Court of Garfield County, Colorado. In the event of any such litigation, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs incurred by the prevailing party. 6. This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. 7. Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. 8. The failure of either party to this agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the terms and conditions of this agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 9. The invalidity of any portion of this agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both 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. 3 FY • .1Y,- *A.m.. •- • CARBON1ALE AND RURAL FIFO* PROTECT7' ay: ecealde. Aspe7, Eq4estrien Estates • 4 - uthorizel 41461-imv, (Authorized signe-) HIGH COUNTRY APPRAISAL ASSOCIATES Real Estate Appraisers and Consultants 146, January 25, 2000 Herbert Klein Klein - Zimet PC 20I North Mill Street Aspen, Colorado Re: Aspen Equestrian Estates Dear Mr. Klein: 0 The purpose of this letter is to clarify my value conclusion presented in a May 5, I999, appraisal of Preshana Farms, now known as Aspen Equestrian Estates. I was engaged by Alpine Bank - Aspen to appraise the value of the leased fee estate interest in that property. legally described as a parcel of land situated in a portion of Lots 3, 4.6. 17, 18, and 19 of Section 31, Township 7 South, Range 87 West of the Sixth Principal Meridian, Garfield County, Colorado. At the time of our appraisal, the property consisted of a 57.889 -acre site improved with various residential and equestrian building and site improvements. The property had vested development rights for subdivision into 47 single-family homesites and an approximately 10.17 -acre equestrian center; my conclusion of market value reflected the value of these approvals. Only the value of real property was considered: the value of personal property. trade fixtures, equipment, and intangible assets, if any, was not included. Alpine Bank has authorized me to release the value conclusions presented in my May 28. 1999, appraisal report. The concluded market value as of May 5, 1999. was 53,000,000. including the contributory value of then -existing equestrian improvements. In the Development Method section of that report, I estimated the value of the equestrian center parcel at 51,050.000. The estimated value of the equestrian center land was 5325,000. Deducting this amount from the improved value of the equestrian center parcel indicates a contributory value for the improvements of 5725,000 ($1,050,000 - 5325,000). The remaining building improvements would require their demolition or removal to support development of the property to its highest and best use and did not contribute or detract from property value. Based upon this analysis, the appraisal would have indicated an allocated value for the land at Aspen Equestrian Estates, as of May 5, 1999, of approximately S2,275,000 ($3,000,000 - 5725,000). Please contact me if you have any questions, Sincerely. Leslie T. Gray Certified General Appraiser Colorado License No. CG l 3 l 5525 16 N. Fourth Street — P.O. Box 7 — Carbondale. CO 81623 — (970) 963-1480 — FAX (970) 963-1068 HERBERT S. KLEIN MILLARD J. ZIMET` OF COUNSEL: JACQUELINE L. GARDNER *also admitted in New York Via Hand Delivery Don DeFord, Esq. Mark Bean Garfield County Courthouse 109 8th Street Glenwood Springs, CO 81601 KLEIN - ZIMET PROFESSIONAL CORPORATION ATTORNEYS AT LAW May 8, 2000 Re: Aspen Equestrian Estates Final Plat Documents Dear Mark and Don, RECEIVED my 0 8 2008 201 NORTH MILL STREET SUITE 203 ASPEN, COLORADO 81611 TEL: (970) 925-8700 FAX: (970) 925-3977 Attached are redlined documents and some new ones, reflecting the changes that you requested in for the Aspen Equestrian Estates Final Plat Application. We also hereby request that the Final Plat hearing also include a hearing on the establishment of vested rights for this project. A form of public notice is attached as well as a form of Development agreement concerning the vested rights we are seeking. We are providing each of you with a full set of these documents so that your review can be undertaken as quickly and efficiently as possible. We will also be calling you to schedule a meeting to go over the documents with you so that we can promptly resolve any areas of concern and provide you with final, executed documents for recording at the time of the hearing. The revised final plat is being provided to each of you under separate cover. As you know, it is of utmost importance to my client that this matter be scheduled for June 5th . In that regard, the vested rights notice must be published at least 15 days prior to June 5th . We will be at your disposal to finalize the documents so this date can be met. Please contact me or Ron Liston with your comments on these documents. The documents enclosed are: Declaration of Protective Covenants Subdivision Improvements Agreement with exhibits A - Legal Desc.;C - Disclosure of Building Permit and Certificate of Occupancy Issuance Conditions; D - Form of Letter of Credit Don DeFord Mark Bean May 8, 2000 Page 2 Development and Vested Rights Agreement Form of Public Notice for Vested. Rights Hearing Deed of Common Areas to Homeowner's Association Very truly yours, KLEIN-ZIMET PROFESSIONAL CORPORATION By: w ¢inherglpreshlfp1ir_ I Enclosures cc: Ron Liston w/enc. Jay Weinberg w/o enc. Herbert S. Klein. Esq. BARGAIN & SALE DEED ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited liability company ("Grantor") for Ten Dollars ($10.00) and other good and valuable consideration, hereby sells and conveys to Aspen Equestrian Estates Home Owners Association, Inc., a Colorado nonprofit corporation ("Grantee"), whose address is c/o Klein- Zimet, P.C., 201 North Mill Street, #203, Aspen, Colorado, 81611, all its right, title and interest in and to the following real property in the County of Pitkin, State of Colorado, to wit: All real property lying outside the residential lots and Equestrian Lot and described as "Subdivision Common Area/Open Space", on that certain Plat of Aspen Equestrian Estates Subdivision, P.U.D., recorded at Reception No. of the records of Garfield County, Colorado. with all its appurtenances and improvements subject to liens, easements and rights-of-way of record. SIGNED this day of May, 2000. ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited liability company By Jay N. Weinberg, Manager STATE OF COLORADO ) ss. COUNTY OF PITKIN The foregoing Bargain and Sale Deed was acknowledged and signed before me this day of May, 2000, by Jay N. Weinberg, acting in his capacity as Manager of Aspen Equestrian Estates, LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: Notary Public Weinberg\Presh\BSDeed.1 that it is obligated to pay the above and foregoing fee to the Carbondale & Rural Fire Protection District, accepts such obligation, and waives any claim that it is not so obligated or required to pay the Fire District Fees. Owner agrees that subsequent to recording of the Final Plat the Owner will not claim, nor is the Owner entitled to, a reimbursement of the Fire District Fees to be paid in connection with this Agreement. 9. INDEMNITY. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the. Owner's installation of the improvements required pursuant to this Agreement. However, the Owner does not indemnify the County for claims made asserting that the standards imposed by the County are improper or the cause of the injury asserted. The County shall be required to notify the Owner of receipt of notice of claim, or a notice of intent to sue and shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the County's rights under this paragraph. Nothing herein stated shall be interpreted to require the Owner to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 10. SALE OF LOTS. No lots within either Aspen Equestrian Estates Subdivision/PUD shall be conveyed prior to recording of the applicable Final Plat. 11. ISSUANCE OF BUILDING PERMITS. As one remedy for breach of this Agreement, the County may withhold issuance of building permits for any structure within Aspen Equestrian Estates Subdivision/PUD. The parties agree that no building permit shall be issued until the Owner demonstrates to the satisfaction of the Fire District that adequate water is available for the Fire District's purposes at the site of construction. Further, the parties agree that no certificate of occupancy shall be issued for any building or structure within the Final Plat until all subdivision improvements, have been completed and are operational, as required by this Agreement; provided, however, a maximum of three (3) residential building permits will be issued for speculative houses contingent upon the Ranch at Roaring Fork's commitment to provide sewer service for such houses from its existing plant. No other building permits for new residences will be issued until construction of the new Ranch at Roaring Fork sewage treatment plant has commenced and then at such time as such plant construction has commenced, building permits shall 8- issue for the development of the lots and the other elements of the project. A disclosure of the limitations on issuance of building permits and certificates of occupancy as set forth above shall be made in all sale contracts for residential lots entered into prior to completion of the new sewage treatment plant. Such disclosure language is set forth in Exhibit C, attached hereto and incorporated herein by this reference. Owner shall provide the County with an executed disclosure form for each lot promptly after the closing for each lot, 12. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County or any purchaser of a lot within the Subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel enforcement of this Agreement. 13. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with any of the terms of this Agreement, and further including the terms of the Preliminary Plan, and the P.U.D. approval, the County shall have the ability to vacate the Final Plat as it pertains to lots for which no building permits have been issued. Any existing lots for which building permits have been issued, shall not be vacated and the plat as to those lots shall remain valid. The Owner shall provide a survey and complete legal description with a map showing the location of a portion of the plat so vacated. '±k—VES-TED RIGHTS . The Final Plat and this Agreement and the Rcaclutio;Ia gra 111y t'Uu Ott ... Site pecifis De.e1 pment Plan pu.Lswan �,.ff✓ULv�.y ,1. v11 appi Jvcx_I.� ■ 'r: . • et_ . diad Llr Sueat..id C ca i L �Ttg C iic�Tl �' 3 I d t CRS 24 -68 - LL11Ly ctd , Subdivision RegulatiLns, alatiuns Zo V i � UIx19 12 t'113a1 k'a , 145. BINDING EFFECT. This agreement shall be a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. 1.5,6. RECORDING. Upon execution and authorization by the County, the Owner shall record this agreement with the Office of the Clerk & Recorder for Garfield County, Colorado. 16. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this agreement shall 9- lie in the District Court for Garfield. County, Colorado, and be construed pursuant to the laws of the State of Colorado. 179. 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. 189. NOTICE. All notices required herein shall be tendered by personal service or certified mail upon the following individuals or agents of the parties to this agreement: Board of County Commissioners of Garfield County c/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, Co 81601 Aspen Equestrian Estates Subdivision/PUD, LLC 3275 County Road 100 Carbondale, CO 81623 with copy to: Herbert S. Klein, Esq. Klein -timet Professional Corporation 201 N. Mill St. #203 Aspen, CO. 81611 ENTERED INTO the day and year first above written. Aspen Equestrian Estates LLC, a Colorado limited liability company, By: Jay N. Weinberg its Manager 10- ATTEST: Clerk to the board Exhibits: A- Legal Description B- Cost Estimates C- Disclosure Form D- Letter of Credit Form weinberg\presh1sia.5.ri BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Chairman 11- PARCEL A: A PARCEL OF LAND SITUATED IN A 1''tmC)11 OF LOTS 3, 4, G, 17, 18, AND 19 OF SECTION 31 TOWNSHIP 7 SOUTH, R7]11r:I? II/ WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF CfI,{'1'ADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WITNESS CORNER '1.0 '1'111; NORTHEAST CORNER OF SAID SECTION 31, A STONE IN PLACE, THENCE 5 CFU DEGREES 01' 05" W 2350.39 FEET TO THE SOUTHEAST CORNER OF RECEPTION No. 2'19416, ALSO BEING A POINT ON '1'IJE WESTERLY RIGHT-OF-WAY OF COUNTY UHT I) 1J0. 100, A REBAR AND CAP L.S. NO. 10732 IN PLACE, THE TRUE 1."'.1.1.11'1' OP BEGINNING; THENCE S 00 DEGREES 11' 29" W ALONG SAID WESTERLY R I (,11'1' - OF -WAY 1127.14 FEET TO 11 REBAR AND CAP L.S. NO. 10732 IN PLACE; THENCE Li.}I1'1'J I'IU.L1G ALONG SAID WESTERLY RIGHT-OF-WAY S 03 DEGREES 56' 29" 1'J 117.74 FEET TO A MAR AND CAP L.S. NO. 10732 11`1 PLACE; THENCE CONTINUING ALONG SAM I•JE.':'1'ERLY R1GIIT-OF-WAY S 11 DEGREES 37' 27" W 299.44 FEET; THENCE LEAV LI I'., ;;AIN WESTERLY RIGHT-OF-WAY N 72 DEGREES 41' 32" W ALONG A LINE BEING 11[1'1111•;18 Y OF BLUE CREEK 136.34 FEET; THENCE CONTINUING'ALONG A LINE BEING 1i(m'i']lk?11,Y OE IILUE CREEK N 77 DEGREES 44' 52" W 317.09 FEET; THENCE CONTINUILR; AI,'1I'l3 A LANE BEING NORTHERLY OF BLUE CREEK N 62 DEGREES 48' 46" W 375.98 I?l;Is'I'; THENCE CONTINUING ALONG A LINE BEING NORTHERLY OF BLUE CREEK N 41 DIRC 1l1 Er; 30' 29" W 89.74 FEET; THENCE CONTINUING ALONG A LINE BEING NORTHERLY OF BLUE CREEK 1 81 DEGREES 01' 17" W. 285.92 FEET; THENCE N 13 DEGREES :L2' 20" E 120.00 FEET TO A POINT IN AN EXISTING FENCE; THENCE N 76 DEr.,121?ES 47' 40" W ALONG SAID EXISTING FENCE :1.038.73 FEET TO A POINT ON THE t'ATi?1?ICY J.,111E OF PARCEL "D" OF RECEPTION NO. 375658 (FROM WHENCE REBAR ANN CAI? L.S. 110. 10732 BEARS S CO DEGREES 00' 1.8" W 263.20 FEET) : THENCE N 1111 I' 1';C,1tla,l;S 00' 18" E ALONG SAID EASTERLY LINE 1013.61 FEET TO A POINT 011 THE SOUTHERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY NO. 82 AS EVIDENCED BY EXISTING RIGHT-OF-WAY MONUMENTS AND THE EXISTING CENTERLINE (WHENCE A RENAR AND CAP L.S. NO. 3317 BEARS S 00 DEGREES 00' 18" W 3.99 FEET) ; TIIIWE S 79 DEGREES 56' 55" E ALONG SAID SOUTHERLY RIGHT-OF-WAY 1982 .7'7 V l l •I•; I'llltlC'L' ; 10 DEGREES 30' 58" W ALONG '1'IIE EASTERLY LINE OF SAID RECEPTION 1.10. 279116 133.47 FEET TO A REBAR AND CAP L.S. N0. 10732 IN PLACE; '1'111:311'1•, ; 79 DEGREES 44' 32" E ALONG THE SOUTHERLY LINE OF SAID RECEPTION Il't. 2.'I91116 247.29 FEET TO '1'IIE TRUE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO PARCEL 13: ; A 20 FOOT SANITARY SEWER EASEMENT oVER, UI11)1alt, AND ACROSS THE SOUTHWESTERLY 2, 4 EXHIBIT AND WESTERLY 20 FEET OF LOT 12, AMENDED PLAT OF LOTS 11 AND 12 RANCH AT ROARING FORK, PHASE V, GARFIELU COUNTY, COLORADO, AS MEASURED AT RIGHT ANGLE TO THE SOUTHWESTERLY AND WESTERLY BOUNDARIES OF SAID LOT ACCORDING TO THE RECORDED SUBDIVISION PLAT THEREOF. THE EASEMENT CENTERLINE IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF LOT 12, AMENDED PLAT OF LOTS 11 AND 12 RANCH AT ROARING FORK, PHASE V: THENCE NORTH 00 DEGREES 07' 35" EAST ALONG THE EASTERLY BOUNDARY OF SAID LOT 12 A DISTANCE OF 10.00 FEET '1'O THE TRUE POINT OF BEGINNING; THENCE WEST PARALLEL TO AND 10 FEET AT RIGHT ANGLE TO TIIE SOUTHERLY BOUNDARY OF LOT 12 A DISTANCE OF 94.33 FEET; THENCE NORTH 18 DEGREES 39' 41" WEST PARALLEL TO AND 10 FEET AT RIGHT ANGLE TO THE WESTERLY BOUNDARY OF LOT 12 A DISTANCE OF 145.37 FEET MORE OR LESS TO THE CURVED NORTHERLY BOUNDARY OF LOT 12, THE CENTERLINE TERMINUS. COUNTY OF GARFIELD STATE OF COLORADO 3 EXHIBIT C TO SUBDIVISION IMPROVEMENTS AGREEMENT ASPEN EOUESTRIAN ESTATES SUBDIVISION\PUD SELLER'S DISCLOSURE CONCERNING ISSUANCE OF BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY The undersigned Purchaser acknowledges the following disclosure: Except for up to three (3) residential building permits, which will be issued for speculative houses contingent upon the Ranch at Roaring Fork's commitment to provide sewer service for such houses from its existing plant, no building permits for new residences will be issued until (1) the Carbondale & Rural Fire Protection District has confirmed that adequate water facilities for firefighting purposes during construction have been provided; and (2) construction of the new Ranch at Roaring Fork sewage. treatment plant has commenced. At such time as such plant construction has commenced, building permits shall issue for the development of the lots and the other elements of the project. Certificates of Occupancy will not be issued until the potable water service has been provided to the lots and the sewer plant construction is completed and sewer service is provided to the lots. Purchaser: Lot No. By. Date: weinberg\presh\sia.exC Exhibit D to Subdivision improvements Agreement LETTER OF CREDIT # , 2000 Board of County Commissioners of Garfield County Subject: Irrevocable Letter of Credit Aspen Equestrian Estates, LLC Aspen Equestrian Estates Subdivision/PUD To Whom It May Concern: We hereby establish an irrevocable Letter of Credit in your favor for the account of Aspen Equestrian Estates, LLC for a sum or sums not exceeding $571,769.48 payable by your draft on us at sight. ❑rafts drawn pursuant to this Letter of Credit must be accompanied by a statement, referring to Letter of Credit # signed by the County Commissioner or his designee and stating that the Agreement dated , between the Board of County Commissioners and. Aspen Equestrian Estates, LLC, requirements have not been met to date and the amount specified in the agreement is due and payable. Partial drawings are permitted as specified within the Agreement. Drawings pursuant to this Letter of Credit are to be used to complete the requirements within Agreement dated This Letter of Credit shall terminate on September 1, 2001. We further certify that any officer of the Alpine Bank is authorized to issue Letters of Credit of this nature. This Letter of Credit, except as otherwise expressly provided is governed by the Colorado Uniform Commercial Code in effect on this date. Sincerely, Alpine Bank Bv: President } 4 DECLARATION OF PROTECTIVE COVENANTS FOR ASPEN EQUESTRIAN ESTATES SUBDIVISION WHEREAS, ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited liability company ("Declarant") has caused certain real property in Garfield County, Colorado, to be surveyed, subdivided and platted into forty-seven (47) residential lots described as Lots B1 through B11, C1 through C16 and El through E20, Aspen Equestrian Estates, (collectively the "Lots") and remaining areas of land which generally includes roads, utility facilities and open space which is not within the Lots (the "Common Elements"). The Lots and the Common Elements are collectively referred to as the "Development". In addition, there has also been created and platted one Equestrian Lot (the "Equestrian Lot"). The Lots, Common Elements and Equestrian Lot are shown on the plat of ASPEN EQUESTRIAN ESTATES SUBDIVISION%PUD which plat has been filed for record in the real property records of Garfield County, Colorado, on the day of , 2000, in Plat Book at Pages (the "Plat"). Except where specifically referred to in this Declaration, the Equestrian Lot is not subject to the terms of this Declaration and shall not be included within the term "Development." NOW, THEREFORE, Declarant, as the owner in fee simple of all of the lands included within said Plat as above described, does hereby declare and acknowledge that all of the lands within said Development as shown on the Plat are and shall hereafter be subject to all of the covenants, restrictions, and limitations contained hereinafter, and further reserves to itself all of the lands and easements described in Article 8 hereinafter. These covenants shall run to the benefit of and be enforceable by the owners of the property within the Development and to the extent provided for herein, by the owner of the Equestrian Lot. IN WITNESS WHEREOF, Declarant, has executed this instrument this day of , 2000. ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited liability company By: Jay N. Weinberg, Manager [NOTARY BLOCK ON FOLLOWING PAGE] STATE OF COLORADO ) ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of , 2000 by Jay N. Weinberg, acting in his capacity as a manager of Aspen Equestrian Estates, LLC, a Colorado limited liability company. WITNESS my hand and seal. My commission expires: Notary Public ji DECLARATION OF PROTECTIVE COVENANTS FOR ASPEN EOUESTRIAN ESTATES SUBDIVISION TABLE OF CONTENTS Contents Page ARTICLE 1 -- PURPOSE OF COVENANTS 1.1 General Requirements 1 1.2 Planned Community . . 1 ARTICLE 2 -- DEFINITIONS 2.1 Allocated Interests 1 2.2 Association 1 2.3 Board 1 2.4 Colorado Common Interest Ownership Act 1 2.5 Common Elements 1 2.6 Common Expenses 1 2.7 Declarant 2 2.8 Declaration 2 2.9 Equestrian Lot 2 2.10 Green Belt and Wetland Areas 2 2.11 Owner 2 2.12 Recorded Plat 2 2.13 Lots 2 2.14 Restricted Open Space 3 2.15 Deve1opmentSuLdivisift and the term DevelopmentSubd-i.vi-de3 2.16 Units 3 ARTICLE 3 -- ASPEN EQUESTRIAN ESTATES HOMEOWNERS ASSOCIATION 3.1 Membership and Voting Rights in the Association 3 3.2 Association Easement 4 3.3 Governing Instruments 4 3.4 Duties and Voting of Board • . .... 4 3.5 Election of the Board 5 3.6 Removal of Directors 5 3.7 Delivery of Association Property 5 3.8 Budget 6 3.9 Assessments 7 3.10 Assessment Lien 7 3.11 Statement of Assessments and Liability of Purchasers 8 3.12 Incorporation into Future Pilings 9 3.13 Declarant's and Owners Acknowledgment of Future Development Potential . 9 3.14 Sewer Service Disclosure 9 iii 3.15 Water Service to Equestrian Lot 10 ARTICLE 4 -- ARCHITECTURAL COMMITTEE 4.1 Architectural Committee 11 4.2 Approval by Architectural Committee 11 4.3 Variances 11 4.4 General Requirements 12 4.5 Preliminary Approvals 12 4.6 Architectural Plans 12 4.7 Architectural Committee Not Liable 12 4.8 Written Records 13 ARTICLE 5 -- GENERAL RESTRICTIONS ON ALL LOTS 5.1 Zoning Regulations 13 5.2 No Mining, Drilling, or Quarrying 13 5.3 No Business Uses 13 5.4 Signs 14 5.5 Animals and Fencing 14 5.6 Service Yards and Trash 16 5.7 No Discharge of Firearms 16 ARTICLE 6 -- RESTRICTIONS ON LOTS 6.1 Number and Location of Buildings 16 6.2 Dwelling House to be Constructed First . . 17 6.3 Towers and Antennae . . 17 6.4 Trees and Landscaping 17 6.5 Tanks 17 6.6 Used or Temporary Structures 17 6.7 Exterior Lighting 17 6.8 Off -Street Parking 18 6.9 Dust Control 18 6.10 Weed Control 18 6,11 Road Damage . . 18 ARTICLE 7 -- RESERVED DEVELOPMENT AND SPECIAL DECLARANT RIGHTS 7.1 Addition of Unspecified Real Estate 19 7.2 Reservation of Withdrawal Rights 19 7.3 Other Reserved Rights 19 7.4 Change in Allocated Interest 20 7.5 Termination of Rights 20 ARTICLE 8 -- EASEMENTS AND LANDS RESERVED 8.1 Utility Easements Reserved 20 8,2 Equestrian Easements 20 iv 8.3 Easements for Roads .. ... . ........ 21 ARTICLE 9 -- ENFORCEMENT 9.1 Enforcement Action 21 9.2 Limitations on Actions 21 10.1 Insurance ARTICLE 10 -- INSURANCE 10.2 Fidelity Insurance 10.3 Insurance Premiums are Common Expenses ARTICLE 11 -- GENERAL PROVISIONS 21 22 22 11.1 Covenants to Run 22 11.2 Termination and Amendment of Declaration 22 11.3 Severability 23 11.4 Repeal of the Act 23 11.5 Paragraph Headings 23 DECLARATION OF PROTECTIVE COVENANTS FOR ASPEN EQUESTRIAN ESTATES SUBDIVISION ARTICLE 1 -- PURPOSE OF COVENANTS 1.1 General Requirements. The name of the common interest community created hereby is the "Aspen Equestrian Estates Subdivision." It is the intention of Declarant, expressed by its execution of this instrument, that the lands within the Aspen Equestrian Estates Subdivision, but excluding therefrom the Equestrian Lot, be developed and maintained as a highly desirable residential area. It is the purpose of these covenants that the present natural beauty, the natural growth and native setting and surroundings of the Development shall always be protected insofar as is possible in connection with the uses and structures permitted by this instrument. 1.2 Planned Community. The Development shall be considered a planned community for purposes of the Colorado Common Interest Ownership Act, as hereafter defined. ARTICLE 2 -- DEFINITIONS 2.1 Allocated Interests means the undivided interest in the Assessments and votes in the Association allocated to each Lot. Except for specially allocated common expenses allowed pursuant to Section 3.9, Common expenses shall be assessed equally to each Lot and each Lot shall have one vote in Association matters. 2.2 Association means the Aspen Equestrian Estates Homeowners Association, a Colorado non-profit corporation and its successors and assigns. 2.3 Board means the Board of Directors of the Association. 2.4 Colorado Common .Interest Ownership Act. To the extent applicable, this Declaration is governed by the Colorado Common Interest Ownership Act (the "Act"), C.R.S. § 38-33.3-101, et. seq. 2.5 Common Elements. All portions of the Development except for the Lots. The Common Elements shall be owned by the Association. 2.6 Common Expenses means (i) all expenses expressly declared to be common expenses by this Declaration or the Bylaws of the Association; (ii) all other expenses of administering, servicing, conserving, managing, maintaining, repairing or replacing the Common Elements; (iii) insurance premiums for the insurance carried under Article 9; and (iv) all expenses lawfully determined to be common expenses by the Board. 2.7 Declarant. The Declarant is Aspen Equestrian Estates, LLC, a Colorado limited liability company. 2.8 Declaration. This Declaration of Protective Covenants for the Aspen Equestrian Estates Subdivision, and any and all duly executed amendments, supplements, or additions to this Declaration recorded in the office of the Clerk and Recorder of Garfield County, Colorado, and including any maps or plats recorded in connection therewith. 2.9 Equestrian Lot. The real property designated as the "Equestrian Lot" on Sheet 1 of the Plat. The uses permitted on the Equestrian Lot shall be limited to those which are permitted under Resolution 98-11, any amendments thereto or the Garfield County Land Use Code in effect and as amended from time to time. 2.10 Green Belt and Wetland Areas. The Plat indicates an area described as "Greenbelt Area" with a boundary described by a "Greenbelt Delineation" line. The Greenbelt Area was established by a private covenant recorded in Book 725, page 792-796. This area affects Lots B2 through B10. No use or development within a Lot shall occur within the Greenbelt Area that affects such Lot except for the repair, replacement and maintenance of fences, ditches and drainage and irrigation structures, •- -: •- .i� private , all a k_)Lsubject to approval of the Architectural Control Committee as provided for in these Declarations. The Plat also identifies the location of the 100 year Floodplain and a wetlands area described by the "Wetlands Delineation per Environmental & Ecological Resources, LLC dated September 17,1999" and shown on Sheet 2 of 2 of the Final Plat. No development shall occur within the 100 year floodplain or the Wetlands Delineation area, except for the repair, replacement and maintenance of fences, ditches and drainage, flood control and irrigation structures, as may be permitted by the Board and any governmental entity having jurisdiction over such areas. During construction on any Lot which contains or is adjacent to wetlands, silt fencing around such areas under construction shall be used to protect the wetlands from disturbance. 2.11 Owner means any person, firm, corporation, partnership, association, or other entity, including the Declarant, or any combination thereof, who own(s) one or more Lots. The term "Owner" shall not refer to any lienholder unless such lienholder has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. 2.12 Recorded Plat shall mean that map recorded at Plat Book at Pages of the records of the Clerk and Recorder of Garfield County, Colorado (hereinafter referred to as "Plat") and any Amendments or Replats thereof of all or a portion of said Lands. The final plat resolution of the Board of County - 2 Commissioners, is County Resolution No. 2000- *, the preliminary plan approval is County Resolution No. 2000-15, dated February 22, 2000, and the PUD plan approval is Resolution 98-11, dated March 2, 1998 and amended by Resolution 2000-016, dated February 22, 2000. 2.13 Lots shall mean all of the residential lots as designated on the Plat. Each Lot and the appurtenant interest in the Association shall comprise one Lot, shall be inseparable and may be transferred, leased, devised or encumbered only as a Lot. Any contract of sale, deed, lease, Mortgage, will or other instrument affecting a Lot may describe it by its Lot number, Aspen Equestrian Estates Subdivision, Garfield County State of Colorado, according to the Plat thereof recorded in Plat Book at Page , and the Declaration thereof recorded in Book at Page , in the records of the Clerk and Recorder of the Pitkin County, Colorado, as amended from time to time. Each Lot shall be considered a separate parcel of real property and shall be separately assessed and taxed. 2.14 Restricted Open Space shall mean areas identified on the Plat within the Open Space zone district boundary or otherwise identified as open space, as described on the Plat. The uses of the Restricted Open Space shall be regulated by the Board by its establishment of rules and regulations therefore and shall at all times comply with the terms of such zone district as established by Resolution 98-11 of the Board of County Commissioners of Garfield County, Colorado, recorded in Book 1056 Page 952 of the records of Garfield County, Colorado, ("Resolution 98-11") and such other uses that may be permitted in such zone district by Garfield County in the future. The zone district regulations and definitions related thereto as established by Garfield County shall be used in any interpretation of the uses so permitted, provided in the event of any conflict between the terms of Resolution 98-11 and the general zoning regulations of Garfield County, the terms of Resolution 98- 11 shall be given paramount effect. Any Restricted Open Space located within the 100 Year Floodplain shall also be subject to the regulations which apply to such areas. 2.15 Development IL and the _Term DevelopmentSubdivi iuu .. The Lots and the Common Elements are collectively referred to as the "Development". In addition, there has also been created and platted one Equestrian Lot (the "Equestrian Lot"). The Lots, and Equestrian Lot are shown on the plat of ASPEN EQUESTRIAN ESTATES SUBDIVISION/PUD which plat has been filed for record in the real property records of Garfield County, Colorado, on the day of , 2000, in Plat Book at Pages (the "Plat"). The Common Elements are shown on the Plat, although not specifically labeled thereon, as they are all portions of the Development except for the Lots. Except where specifically referred to in this Declaration, as in for example, Sections 3.14 and 3.15 related to sewer service and 3 water service obligations, the Equestrian Lot is not subject to the terms of this Declaration and shall not be included within the term "Development." 2.16 Unit(s) shall have the meaning therefor described in the Act and shall also mean a Lot or Lot(s). ARTICLE 3 -- ASPEN EQUESTRIAN ESTATES HOMEOWNERS ASSOCIATION 3.1 Membership and voting Rights in the. Association. All persons or associations who own or acquire the title in fee to any of the lands in the Development and the Equestrian Lot (other than lands dedicated as public roads, if any), by whatever means acquired, shall automatically become Members of ASPEN EQUESTRIAN ESTATES HOMEOWNERS ASSOCIATION, INC. (hereinafter referred to as "Association"), a Colorado nonprofit corporation, in accordance with the Articles of Incorporation of said Association as recorded or filed in the records of the State of Colorado, and as the same may be duly amended from time to time. 3.1.1 The owner of each Lot and the owner of the Equestrian Lot shall be entitled to one membership in the Association. 3.1.2 Each membership shall be entitled to one vote per Lot and the owner of the Equestrian Lot shall be entitled to one vote. If more than one individual or entity owns a portion of a Lot, a representative of such multiple owners shall be designated and shall vote all the votes allocated to such membership. There shall be no fractional voting permitted. 3.1.3 The members representing a majority of votes in the Association shall constitute a quorum. 3.2 Association Easement. The Association shall have the right of access to each Lot from time to time during reasonable hours as may be necessary for the maintenance, repair, or replacement of utility extensions, roads and fences, ditches and irrigation systems, and at any time for the making of emergency repairs, and shall have a nonexclusive easement as may be appropriate to perform the duties and functions which it is permitted to perform pursuant to this Declaration. In addition to the foregoing, the Association shall also have the right to establish utility easements from time to time for the benefit of owners of Lots across any of the lands within the Development subject, however, to the prior approval of the location of said easements by the Architectural Control Committee, which approval shall not be unreasonably withheld; further provided, however, that the Architectural Control Committee may impose conditions on the use, installation, revegetation or rehabilitation required to restore any disturbed property to its prior condition after 4 completion of the installation of any such utilities and may further require that all such utilities be installed underground. 3.3 Governing Instruments. The administration of the Association shall be governed by this Declaration and the Articles of Incorporation and Bylaws of the Association. 3.4 Duties and Voting of Board. The Board of Directors of the Association shall have the duties of management, operation, and maintenance of the utilities, roads and fences of the Development, enforcement of the provisions of this Declaration, the Articles and Bylaws of the Association, and the rules and regulations adopted by the Board of Directors thereunder. 3.4.1 If appointed by the Declarant, the officers and members of the Board are required to exercise the care required of fiduciaries of the Unit Owners. 3.4.2 If not appointed by the Declarant, no member of the Board and no officer shall be liable for actions taken or omissions made in the performance of such member's duties except for wanton and willful acts or omissions. 3.4.3 The Board of Directors shall act by majority vote. 3.5 Election of the Board. The Board of Directors shall be composed of not less than three (3) nor more than five (5) persons. Initially, the Declarant shall appoint all five. Directors. However, not later than sixty (60) days after conveyance of twenty-five percent (25n) of the Units that may be created to Owners other than the Declarant, at least one member and not less than twenty-five percent (250) of the members of the Board of Directors must be elected by Unit Owners other than the Declarant. Not later than sixty (60) days after conveyance of fifty percent (50%) of the Units that may be created to Owners other than the Declarant, not less than thirty-three and one-third percent (33 1/30) of the members of the Board of Directors must be elected by Unit Owners other than the Declarant. Not later than either sixty (60) days after the earlier of the conveyance seventy- five percent (75%) of the Units that may be created to Owners other than the Declarant, two years after the last conveyance of a Unit by the Declarant in the ordinary course of business, or two years after any right to add new Units was last exercised, the Owners of the Units shall elect the entire Board of Directors, at least a majority of whom must be Unit Owners other than the Declarant or designated representatives of Unit Owners other than the Declarant. 3.6 Removal of Directors. The members may remove a Director other than a Director appointed by the Declarant, with or without cause, by a two-thirds vote of the members present and - 5 entitled to vote at a meeting of the members at which a quorum is present. 3.7 Delivery of Association Property. Contemporaneous with the recording of the Plat, 7ithi.n sixty (50) days aft�� L1�e 1niFit�! S che la elect.. a a joi iLy of L1 i<<cu�lJcr gat tine B�a�d, the Declarant shall deliver to the association all property of the Owners and of the Association held by or controlled by the Declarant, including without limitation, the following items: (a) The original or a certified copy of the recorded Declaration as amended, the Association's Articles of Incorporation, Bylaws, minute books, other books and records, and. any rules and regulations which may have been promulgated; (b) An accounting for Association funds and financial statements, from the date the Association received funds and ending on the date when the Owners other than the Declarant took control of the Association. If the Declarant controls the Association at the time the Plat is recorded, then the foregoing financial information shall be provided to Association within sixty (60) days after the Owners other than the Declarant elect a majority of the members of the Board. The financial statements shall be audited by an independent certified public accountant and shall be accompanied by the accountant's letter, expressing either the opinion that the financial statements present fairly the financial position of the Association in conformity with generally accepted accounting principles or a disclaimer of the accountant's ability to attest to the fairness of the presentation of the financial information in conformity with generally accepted accounting principles and the reasons therefor. The expense of the audit shall not be paid for or charged to the Association; (c) The Association funds or control thereof; (d) All of the Declarant's tangible personal property that has been represented by the Declarant to be the property of the Association, and inventories of such property; (e) A copy of any plans and specifications used in the construction of the improvements in the Development which were completed within two years before the Declaration was recorded; (f) All insurance policies then in force, in which the Owners, the Association, or its directors and officers are named as insured persons; (g) Copies of any certificates of occupancy that may have been issued with respect to any improvements comprising the Development; 6 (h) Any other permits issued by governmental bodies applicable to the Development and which are currently in force or which were issued within one year prior to the date on which Owners other than the Declarant took control of the Association; (i) Written warranties of any contractor, subcontractors, suppliers, and manufacturers that are still effective; (j) A roster of Owners and holders of first mortgages or deeds of trust and their addresses and telephone numbers, if known, as shown on the Declarant's records; (k) Employment contracts in which the Association is a contracting party; and (1) Any service contract in which the Association is a contracting party or in which the Association or the Owners have any obligation to pay a fee to the persons performing the services. 3.8 Budget. The Association must prepare an annual budget. Within thirty (30) days after adoption of any proposed budget for the Association, the Board of Directors shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all the members and shall set a date for a meeting of the members to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless at that meeting a majority of all members reject the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the members must be continued until such time as the members ratify a subsequent budget proposed by the Board. 3.9 Assessments. All Owners shall be obligated to pay assessments imposed by the Association to meet the expenses of management, operation, and maintenance of the Development. Assessments shall be made against each Lot in proportion to the number of votes allocated to such Lot. In addition, the Association may apportion the assessments against such Lots based on the benefits or burdens related to a particular Lot or class of Lots in its reasonable discretion. Assessments may include, without limitation, the costs of additions, maintenance, repair, replacement and operation of utilities, roads and fences, expenses of management, taxes and special assessments unless separately assessed, landscaping, ranching, farming and equestrian facilities and activities, irrigation activities including ditch construction, maintenance and repair either within the Development or along ditches leading to or from the. Development, and care of grounds for all lands within the Development, additions, repairs and renovations, trash and garbage collection, wages, snow removal, irrigation and domestic water system and sewer system additions, - 7 - repairs and maintenance, legal and accounting fees, management fees, expenses and liabilities incurred by the Association under or by reason of this Declaration, payment of any deficit from a previous assessment, creation of a reasonable contingency, reserve or surplus fund, and other costs and expenses relating to the Development. Assessments shall be a personal obligation of each owner and suit to recover money judgment shall be maintainable without waiving the lien securing the same. 3.10 Assessment Lien. 3.10.1 Assessments chargeable to any Unit shall constitute a lien on such Unit superior to all other liens and encumbrances except: (i) liens and encumbrances recorded before the recordation of the Declaration; (ii) a security interest on the Unit which has priority over all other security interests on the Unit and which was recorded before the date on which the assessment sought to be enforced became delinquent; and (iii) liens for real estate taxes and other governmental assessments or charges against the Unit. 3.10.2 An assessment lien under this section 3.10 is superior to a security interest on the Unit which has priority over all other security interests on the Unit and which was recorded before the date on which the assessment sought to be enforced became delinquent to the extent of: (a) any attorney fees and costs being incurred in an action to enforce the lien, plus; (b) an amount equal to the common expense assessments based on a periodic budget adopted by the Association which would have become due, in the absence of any acceleration, during the six months immediately preceding institution of an action to enforce the lien, but in no event shall such priority accorded to the assessment lien exceed one hundred fifty percent of the average monthly assessment during the immediately preceding fiscal year multiplied by six. 3.10.3 This section 3.10 does not affect the priority of mechanics' or materialmen's liens or the priority of liens for other assessments made by the Association. 3.10.4 If any assessment shall remain unpaid 25 days after the due date thereof, the Association may impose a surcharge of 1.75% of such assessment on the first day of each calendar month thereafter so long as such assessment shall be unpaid, provided, however, that the maximum surcharge in one year shall be no greater than twenty-one percent (21%). - 8 - 3.10.5 Recording of the Declaration constitutes record notice and perfection of the lien. No further recordation is required. 3.10.6 The Association's lien may be foreclosed in like manner as a mortgage on real estate. 3.10.7 Upon such foreclosure the Association's claim shall include the amount of unpaid assessments, penalties thereon, the costs and expenses of such proceedings, the costs and expenses of filing the notice of lien, and reasonable attorney's fees, and any deficiency shall be a common expense assessed equally to all Unit Owners. The Association may bid on the Unit at foreclosure sale and hold, lease, mortgage, or convey the same. 3.11 Statement of Assessments and Liability of Purchasers. The Association shall furnish to an Owner or his designee or to a holder of a security interest or its designee upon written request, delivered personally or by certified mail, first- class postage prepaid, return receipt requested, to the Association's registered agent, a statement setting forth the amount of unpaid assessments currently levied against such owner's lot. The statement shall be furnished within fourteen (14) business days after receipt of the request and is binding on the Association, the Board of Directors, and every Owner. If no statement is furnished to the Owner or holder of a security interest or their designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a priority lien upon the Unit for unpaid assessments which were due as of the date of the request. 3.11.1 The grantee of a Unit shall be jointly and severally liable with the grantor for all unpaid assessments against the tract accrued prior to the conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. 3.12 Incorjoration into Future Filings. For purposes of administration, maintenance and the sharing of expenses provided for in Section 3.9 above, the Association may be incorporated into any association created in the future pursuant to the further subdivision of lands now or hereafter owned by Declarant, its successors and assigns adjacent to the Development. Without incorporation, the Association may contract with any other homeowners association which administers adjacent property to mutually undertake functions similar to those undertaken by Association pursuant to this Declaration and the costs incurred pursuant to said contract shall be a common expense of the Association. - 9 - 3.13 Declarant's and Owners Acknowledgment of Future Development Potential. 11C1 C1.Vu3,.]JCL. u1 a pel iod L3f f if ty ( 5 Q ) years f 0711[ w 111y C1 u r111S UCL atattbiLr GI CgfeeS Clic t, eciatulon, su j eL.. 0 0&itca.ln1n9. any n t_essaiy aYp1uVa1� rb"ii tnt u1i =_LLaAc aLLs11t1una L L1=V= upiflGnt uL r.11f'_questr1ai Zs LLL.1 uwiiCL .71ia11 1.iave ally' cla±in agaiusL Declatant, nor shall 116 L'T ally t..) L Limon to any suL h futaz L eaelaynient LJased upon airy c.±d.CM U f 1eliafL. presiita Lln W.1 L11 tC.S pCL.L =i= u, 1iJ, 3 ) Lhat The maximum number of Lots in the De - opment is 47 In addition, subject to o ining all n essary lan• e and zona = approvals m Garfield ty or any s cessor local -+vernment b having ju 'sdiction, the aximum numb of Lots in ..e Equestr - Lot sha be four (repre ting the th residential • llings al ed under elution 98-11, nd the remai g portion of - Equestri- Lot), an the horse bar located on he Equestrian •=t may be condominium ed into as many units as there are stalls.. 3.14 Sewer Service Disclosure. Sewer Service is provided to the Development and the Equestrian Lot by the Ranch at Roaring Fork Homeowners Association ("Ranch Association") pursuant to a Sewer Service Agreement between. Ranch Association and the Declarant recorded in Book 1153, Page 629 of the records of Garfield County, Colorado. The Equestrian Lot is specifically subject to the provisions of this section of these Declarations. The Ranch Association is a private homeowners association entitled to establish rules and regulations for the provision of sewer service and is not subject to rules and regulations affecting public utilities. The Association is required, under the terms of the Sewer Service Agreement, to accept, without vote or any other approval, an assignment of the Sewer Service Agreement and assumption by the Association of each and all of the Declarant's obligations and rights under the. Sewer Service Agreement, except such rights with respect to the Equestrian Lot as may be reserved by Declarant in such assignment. The assessment powers of the Association shall include the right to levy assessments on the Lots and the Equestrian Lot as necessary to meet the Association's obligations under the Sewer Service Agreement. Any such levies on the Equestrian Lot shall be based upon an equitable apportionment of the sewer services used between the Lots and the Equestrian Lot, or such other equitable allocation if the circumstances which required the levy to me made were due in whole or in part to the. acts or omissions of the owner of the Equestrian Lot. Such levy and collections of assessments for purposes of satisfying the obligations under the Sewer Service Agreement shall not require any specific member approvals. Individual lots in the Equestrian Lot may be subject to a lien for sewer charges as provided for in Section 12c of the Sewer Service Agreement. - 10 - 3.15 Water Service to Equestrian Lot. The Association shall provide potable water to the Equestrian Lot as part of and upon the same terms and conditions as it serves the Development with such water service and the water usage of the Equestrian Lot shall be metered. Association shall be obligated to maintain, repair and replace the water system and its related components, easement and apparatus. The Association shall enter into an agreement with the owner of the Equestrian Lot with respect to such services. The assessment powers of the Association shall include the right to levy assessments on the Lots and the Equestrian Lot as necessary to meet the Association's obligations to provide water service to the Development and the Equestrian Lot. Any such levies on the Equestrian Lot shall be based upon an equitable apportionment of the water services used between the Lots and the Equestrian Lot, or such other equitable allocation if the circumstances which required the levy to me made were due in whole or in part to the acts or omissions of the owner of the Equestrian Lot. In administering the water system and its distribution system, the Association shall ensure that: (a) there shall not be any uncontrolled cross connections to a pipe, fixture, or supply, any of which contain water not meeting the provisions of the drinking water standards. (b) water suppliers to the system shall retain maintenance records of all containment devices. These records shall be available for inspection by the Colorado Department of Public Health (the "Department") personnel. All maintenance records shall be kept for three years. (c) Any water supplier shall notify the Department of any cross connections, as defined by Section 1.2.2 (10) of the Department's drinking water regulations, within 10 calendar days of its discovery. The cross connection shall be corrected within 10 days of being ordered in writing by the Department to correct the problem. Failure to do so may result in an enforcement order. (d) Violations shall be subject to discontinuation of water service. ARTICLE 4 -- ARCHITECTURAL COMMITTEE 4.1 Architectural Committee. The Architectural Committee shall mean the Board of Directors of the Association. The Architectural Committee shall have and exercise all of the powers, duties, and responsibilities set out in this instrument, and may, but shall not be required to, establish guidelines and requirements for compliance with its authority, including the establishment of costs and fees reasonably related to the processing and evaluation of requests for Committee action. 4.2 Approval by Architectural Committee. No improvements of any kind, including but not limited to dwelling houses, outbuildings, swimming pools, tennis courts, ponds, driveways and parking areas, fences, walls, garages, antennae, flagpoles, curbs, walks, landscaping, irrigation ditches or structures, shall ever be constructed or altered (including any change in exterior color or materials), on any lands within the Development, nor may any vegetation be altered or destroyed nor any landscaping performed on any Lot or Common Element unless the complete architectural plans for such construction or alteration or landscaping are approved in writing by the Architectural Committee prior to the commencement of such work. No person shall have the right to rely on any verbal approval. In the event the Architectural Committee fails to take any action within 60 days after complete architectural plans for such work have been submitted to it, then all of such submitted architectural plans shall be deemed to be approved. In the event the Architectural Committee shall disapprove any architectural plans, the person or association submitting such architectural plans may appeal the matter to the next annual or special meeting of the Members of the Association, where a vote of at least sixty- seven (67%) of the votes entitled to be cast at said meeting shall be required to change the decision of the Architectural Committee. 4.3 Variances. Where circumstances, such as topography, location of property lines, location of trees and brush, or other matters require, the Architectural Committee may, by a two-thirds vote, allow reasonable variances as to any of the covenants contained in this Declaration, on such terms and conditions as it shall require; provided that no such variance shall be finally allowed until 30 days after the Architectural Committee shall have mailed a notice of such variance to each Member of the Association. In the event any three Members shall notify the Architectural Committee in writing of their objection to such variance within said 30 -day period, the variance shall not be allowed until such time as it shall have been approved by a vote of at least sixty-seven (67%) the votes entitled to be cast at an annual or special meeting of the Members of the Association. Notwithstanding the foregoing, any variance to a provision of these covenants which would allow development that is not permitted under applicable regulations of Garfield County shall not be deemed finally approved unless the consent of Garfield County to such development is obtained. 4.4 General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, landscaping and alterations on the lands within the Development conform and harmonize with the natural surroundings and - 12 - with the existing structures as to external design, materials, color, siting, height, topography, grade, landscaping and finished ground elevation. 4.5 Preliminary Approvals. Persons or associations who anticipate constructing improvements on lands within the Development, whether they already own lands in the Development or are contemplating the purchase of such lands, may submit preliminary sketches of such improvements to the Architectural Committee for informal and preliminary approval or disapproval, but the Architectural Committee shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time as complete architectural plans are submitted and approved or disapproved. 4.6 Architectural Plans. The Architectural Committee shall disapprove any architectural plans submitted to it which are not sufficient for it to exercise the judgment required of it by this Declaration. 4.7 Architectural Committee Not Liable. The Architectural Committee shall not be liable in damages to any person or association submitting any architectural plans for approval, or to any owner or owners of lands within the Development, by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove, with regard to such architectural plans. Any person or association acquiring the title to any property in the Development, or any person or association submitting plans to the Architectural Committee for approval, by so doing does agree and covenant that he or it will not bring any action or suit to recover damages against the Architectural Committee, its members as individuals, or its advisors, employees, or agents. 4.8 Written Records. The Architectural Committee shall keep and safeguard for at least five years complete permanent written records of all applications for approval submitted to it (including one set of all architectural plans so submitted) and of all actions of approval or disapproval and all other actions taken by it under the provisions of this instrument. ARTICLE 5 -- GENERAL RESTRICTIONS ON ALL LOTS 5.1 Zoning Regulations. No lands within the Development or the Equestrian Lot shall ever be occupied or used by or for any structure or purpose or in any manner which is contrary to the terms of Resolution 98-11 of the Board of County Commissioners of Garfield County, Colorado, recorded in Book 1056 Page 952 of the records of Garfield County, Colorado, ("Resolution 98-11"), any amendments thereto and such other uses that may be permitted in the zone districts affecting the Development by Garfield County now or in the future zoning regulations of Garfield County, Colorado, - 13 - validly in force from time to time, except as the same may be allowed under said regulations as a nonconforming structure or use. ppaLagL 3.1 ilevelopnent f inc luuing any Lut w.T'ttys_u C Vcf�pu"C1Zt 5.2 No Mining, Drilling, or Ouarryinq. No mining, quarrying, tunneling, excavating, or drilling for any substance within the earth, including but not limited to, oil, gas, minerals, gravel, sand, rock, geothermal and earth, except for activities conducted under prior mineral reservations, agricultural, utility, water and septic purposes shall ever be permitted within the limits of the Development or the Equestrian Lot. 5.3 No Business Uses. Except for residential uses and uses accessory thereto, no lands within the Development, shall ever be occupied or used for any non-agricultural and/or non -equestrian commercial or business purpose without the consent of the Architectural Committee, nor for any noxious activity and nothing shall be done or permitted to be done on any of said lands which is a nuisance or might become a nuisance to the owner or owners of any of said lands. No store, office, or other place of non- agricultural commercial or professional business of any kind; nor any hospital, sanatarium, or other place for the care or treatment of the sick or disabled physically or mentally; nor any public theater, bar, restaurant, or other public place of entertainment; nor any church; shall ever be constructed, altered, or permitted to remain within the Development. Nothing herein shall be deemed to prohibit ic�Le LiC,tTal facilities OI a Liviti�S tiiC udrfitTWithamt limitation, equest110n, 1lurse boat ing and training, tennis, swAmt,Q.ng, golf, eta . Iiv'r any home occupation provided the same is permitted under Resolution 98-11, any amendments thereto or the Garfield County Land Use Code in effect and as amended from time to time and further provided such use does not constitute a nuisance or violate any other provision of this Declaration. 5.4 Signs. Subject to applicable Garfield County regulations contained in the Garfield County Zoning Resolution and Resolution 98-11, with the exception of one "For Rent" or "For Sale" sign (which shall not be larger than 20 x 28 inches) and except for one entrance gate sign of a style and design approved by the Architectural Committee, no advertising signs, billboards, unsightly objects, or nuisances shall be erected, altered, or permitted to remain on any tract in the Development. The above -referenced "For Rent" or "For Sale" sign shall only be located, if permitted by the Architectural Committee, within the boundaries of a Lot. 5.5 Animals and Fencing. Except as approved by the Architectural Committee, which shall have the right to establish rules with respect to the keeping of pets and animals permitted by this Section, or as set forth herein, no animals or poultry shall - 14 - be kept on Lots in the Development. Notwithstanding the foregoing, however, each Owner may keep up to one (1) domestic dogs and/or up to two (2) cats per Lot, provided, however, that each Owners shall use their best efforts to prevent any dog from being a nuisance to any person, horse, or other animal within the Development and cats shall be kept indoors at all times. Any animal which interferes with wildlife or the equestrian and/or farming operations within the Development or any adjoining lands thereto shall be subject to removal or destruction by the Architectural Committee upon its finding of such interference or failure of the owner to properly control and/or restrain such animal. Horses may be kept in accordance with the rules established, from time to time, by the Architectural Committee, which may designate areas for the pasturing and housing of said horses. Except for fences for horses and privacy fencing around patio's and lawlr areas vi azound the buildin eln elopes on Lhe Lots, all other fences within the Development shall be either (i) forty-two (42) inch high, four (4) strand or less barb or smooth wire with a twelve (12) inch kickspace between the top two strands; or (ii) round, board or split rail fencing, forty-eight (48) inches high, three (3) rails or less with at least eighteen (18) inches between two of the rails. The Association may permit different fences than the above described fences, only with the written approval of the Colorado Division of Wildlife. Pets shall not be allowed loose or unsupervised on any part of the Property and dogs shall be kenneled or within a fenced area and shall not be chained or tied outdoors. No pets shall be allowed in the Common Elements except as may be permitted by rules of the Board. No Owner shall allow his or her pet to enter the Common Elements except an a leash. After making a reasonable attempt to notify the Owner, the Association or any Owner may cause any unleashed pet found within the Common Elements to be removed by the Association (or any Owner) to a pound or animal. shelter. Owners shall prevent their pets from soiling the Common Elements and shall promptly clean up any such soiling caused by their pets. Owners shall be fully responsible for any damage caused by their pets. When such conditions are created, the Owner may be assessed an amount for each separate incident (such amount to be determined by the Board from time to time) for cleanup expenses by the Board and the Board or any Owner may seek enforcement or other relief as permitted by law and by this Declaration. Upon the written request of any Owner the Board shall conclusively determine, in its sole and absolute discretion, whether, for the purpose of this Section, a particular pet is a generally recognized household pet, or a nuisance. Any decision rendered by the Board shall be enforceable in the same manner as any other restrictions contained in this Declaration. The Board shall have the right to prohibit maintenance of any specific pet -- 15 - which constitutes, in the sole and absolute discretion of the Board, a nuisance. No grading shall take place nor shall any fence be erected on any tract nor shall any change in any irrigation ditch or water structure take place which, in the judgment of the Architectural Committee, interferes with any agricultural activity in effect on the date of recording of this Declaration or thereafter. Wildlife shall be protected within the Development. The Association shall provide informational brochures endorsed by the Colorado Department of Wildlife to each homeowner.. As of the date hereof, such a brochure is entitled "Living With Wildlife." In addition, Declarant shall install and the Association shall maintain, two interpretive signs within the Development in aid of the protection of wildlife. The signs shall be prepared in cooperation with the Colorado Division of Wildlife and shall be located (one sign each) at the westerly and easterly edge of the "Wetlands Delineation per Environmental & Ecological Resources, LLC dated September 17,1999" and shown on Sheet 2 of 2 of the Final Plat. Horse hay, if kept outside of buildings in a free standing stack, it shall be fenced with eight (8) foot high game proof fencing to prevent game damage to the stack and to prevent luring animals across public roads or highways. In the riparian areas of the Development, cottonwoods and dead snags shall be allowed to remain., provided, if trees become a safety hazard they may be trimmed or topped but not fully cut down. A minimum of 2-5 snags per acres should be maintained_ No horse grazing shall be permitted within the riparian/wetland area along Blue Creek. Homeowners are made aware that deer and elk may damage their ornamental and plants and the Colorado Division of Wildlife will not be responsible for such damage and that deer or elk may die on their property and the homeowner is responsible for the proper disposal of the carcass. The provisions of this Declaration which deal with wildlife restrictions or requirements shall not be amended without the consent of the Board of County Commissioners of Garfield County and the Colorado Division of Wildlife, in addition to any other consents required for amendments to these Declarations. 5.6 Service Yards and Trash. All clothes lines, equipment, campers, boats, trucks, trailers, service yards, woodpiles, or storage piles on any Lot in the Development shall be kept screened by adequate planting or fencing so as to conceal them from the view of neighboring tracts and streets and access roads. All rubbish and trash shall be removed from all Lots, and shall not be allowed to accumulate and shall not be burned thereon except in burners approved by the Architectural Committee as to location, design, materials, and construction, and except at such hours of the day as shall be established by the Architectural Committee. - 16 - 0061 r • _ 0110 tFa.h in wildlife -proof containers. All trash shall be keept ti_ 1i 5.7 No Discharge of Firearms. The discharge of firearms shall not be permitted on any of the lands in the Development. ARTICLE 6 --- RESTRICTIONS ON LOTS 6.1 Number and Location of Buildings. Except for buildings or structures in place on the date of recording this Declaration, no buildings or structures shall be placed, erected, altered, or permitted to remain on any Lot other than: (a) One detached single-family dwelling house; and (b) One guest or caretaker house (if permitted and approved under local zoning regulations, which as of the date hereof, do not permit caretaker houses or apartments under the current zoning regulations affecting the Property and said regulations supercede the provisions of this Declaration); unless otherwise approved by local governmental authorities and the Architectural Committee, if a caretaker house, it shall be attached to or within either the principal dwelling house or an approved outbuilding; (c) One attached or detached garage and one accessory building or structure. (d) With respect to Lot B1, it shall be allowed to have all uses permitted in the R1O-S.F.R zone district as established by Resolution 98-11, or under the Garfield County zoning ordinances in effect on the date hereof or as amended if less restrictive, shall also be permitted. 6.1.1 Prior to issuance of residential building permits, individual home design and grading shall be reviewed and approved by a certified engineer to insure that such construction and grading does not create any adverse impact on drainage throughout the Development. All construction activity within Lots within the Development shall be limited to the hours between 7:00 a.m. and 7:00 p.m. There shall be no individual sewage disposal systems within the Development. - 17 - 6.2 Dwelling House to be Constructed First. No guest house, caretaker house, garage, or other building shall be constructed on any Lot until after commencement of construction of the. dwelling house on the same Lot. All construction and alteration work shall be prosecuted diligently, and each building, structure, or improvement which is commenced on any Lot shall be entirely completed within 18 months after commencement of construction. 6.3 Towers and Antennae. No towers or radio or television antennae or satellite transmission receiving antennae larger than twenty-four inches in diameter shall be erected on any Lot without approval of the Architectural Committee and shall be fully screened from view from adjacent properties. 6.4 Trees and Landscaping. No trees or brush growing on any Lot shall be felled or trimmed nor shall any natural areas be cleared, graded or formal lawn areas constructed, or landscaping performed on any Lot without the prior written permission of the Architectural Committee. Each owner of a Lot shall provide, prior to issuance of a building permit on said lot, financial assurances satisfactory to the Association for the costs of landscaping necessary to comply with the approved landscaping for said lot. Landscape irrigation which uses water from the domestic water system is limited to twenty-five hundred (2500) square feet per residential lot in accordance with the limitations of the well permits issued for the Project. Such limitations could be changed by acquiring an additional water court decree and new well permits that allow for additional irrigation. dtioiIs 6.5 Tanks. No tanks of any kind shall be erected, placed, or permitted upon any Lot unless buried or if located above ground the location and screening shall be as determined by the Architectural Committee. 6.6 Used or Temporary Structures. No used or previously erected or temporary house, structure, house trailer, or nonpermanent outbuilding shall ever be placed, erected, or allowed to remain on any Lot, except, to the extent permitted by all applicable County regulations, during construction periods, and no dwelling house shall be occupied in any manner prior to its completion. 6.7 Exterior Lighting. All exterior lights and light standards on Lots shall be approved by the Architectural Committee for harmonious development and the prevention of lighting nuisances to other lands in the Development and shall also fully comply with any applicable Garfield County lighting regulations, which as of the date hereof are at section 9:17 of the 1984 Garfield County - 18 - Subdivision Regulations, and as the same may be amended. All exterior lighting shall be the minimum amount necessary and will be directed towards the interior of the Development, and down lighting shall be required in areas ife is 1. 1iL. Notwithstanding the foregoing, provisions may be made to allow for safety lighting which is directed other than at the ground or which goes beyond the property boundaries. 6.8 Off -Street Parking. No dwelling house shall be constructed on any Lot unless there is concurrently constructed on the same tract adequate off-street parking areas for at least six automobiles. 6.9 Dust Control. Each owner shall be responsible for ongoing dust control during construction on any Lot. All driveways and parking areas shall be paved. The Association shall take reasonable steps to insure minimal dust pollution results from roads within the Development which are not paved, and such roads may, in the discretion of the Association, be treated as necessary with magnesium chloride or other dust suppressants. The Association shall have the right to control dust on any Lot during its construction and assess the costs thereof against the respective owner if such owner fails to fulfill his responsibility for his individual dust control. 6.10 Weed Control. The Association shall implement and follow a program of noxious weed control which shallmay address, the control and elimination of Canadian Thistle and other undesirable weeds. The Association shall have the right to enter upon any Lot and conduct a weed control program within the area of such Lot. The Association shall closely monitor subsurface water conditions to detect the presence of chemicals used in combating noxious weeds through monitoring wells. The use of such chemicals shall be administered in a manner which does not pollute ground water resources and no herbicides shall be used within one -hundred (100) feet of a wellhead. If groundwater pollution from the weed control program is detected, the Association shall re -assess and modify the weed control program to prevent further pollution. The Association shall consult with the Mount Sopris Soil Conservation District, or any successor thereof, with respect to said program. 6.11 Road Damage. Each owner of a Lot is responsible for any damage caused to the roadways within the Development during the construction of improvements upon such owner's property by any vehicle or equipment belonging either to said owner or to any person or entity using the roads within the Development while engaged in any activity benefitting said owner. Metal treads or other "lugged" tread or tired vehicles are not permitted to drive across the roads within the Development, however, such equipment may access lands within the Development on a trailer or flatbed vehicle as may be appropriate provided any damage resulting - 19 - therefrom is repaired and paid for as provided herein above. Each owner shall also be responsible for any damage caused by utility cuts in roads, washouts and run off damage caused by failure to install culverts properly and in a timely manner as may be necessary in connection with the construction of improvements upon or any other uses made by such owner to his Lot. The Board shall have the right to establish, implement and enforce an impact fee system to allocate costs for road damage and general wear and tear on the roads within the Development upon terms and conditions which said Board deems best in the interests of the members of the Association. Such impact fee system may include charges based upon "per vehicle", "per load", "per ton.", or "per trip" calculations. Said system may also deny access to the Development to any vehicle for which said impact fee has not been paid. The Board may also implement and enforce weight limits on the roads within the Development. ARTICLE 7 -- RESERVED DEVELOPMENT AND SPECIAL DECLARANT RIGHTS 7.1 Addition of Unspecified Real Estate. Subject to those restrictions set forth in Section 222 of the Act, Declarant reserves the right for itself and any Successor Declarant at any time and from time to time to subject unspecified real property to the provisions of this Declaration. 7.2 Reservation of Withdrawal Rights. Declarant reserves the right for itself and any Successor Declarant at any time and from time to time to withdraw from the provisions of this Declaration individual Lots and/or Common Elements, provided, however, that none of the real estate may be withdrawn after a Lot has been conveyed by Declarant to a purchaser; provided, however, the consent of Garfield County shall be obtained as a condition to the exercise of such withdrawal right. 7.3 Other Reserved Rights. Declarant reserves the right for itself and any Successor Declarant at any time and from time to time to: (a) complete any improvements indicated on the Plat for a period of one (1) year tw=ilLy (20) yeais from the recording of this Declaration with the Clerk and Recorder, or such longer time as may be permitted by the Board of County Commissioners of Garfield County, Colorado,(b) maintain and relocate sales offices within one or more Lots and management offices, signs advertising the DevelopmentPiojecL and models, of any size, within one or more Lots and within the Common Elements so long as Declarant or Successor Declarant continues to be an Owner of a Lot or, if earlier, ten (10) years from the recording of this Declaration with the Clerk and. Recorder, (c) to subject the Project to a master association for a period of five (5) years from the recording of this Declaration with the Clerk and Recorder, (d) to merge or consolidate the Development with a common interest community of the same form of ownership for a period of five (5) years from the - 20 - recording of this Declaration with the Clerk and Recorder, (e) to appoint or remove any officer of the Association or any Board member during the period of Declarant control., (f ) to peilz«.t LI eve1opment, tt ci Ldl[lily mem els aril i..l.p to two gutsts eas_.:ti an t 1 • .-W ct IJl1 .Ly a L re IJ zy LV i L.iftc t'g sucn persons ny z.nG SSVCicitlufl, 01- L14al=5 ful c.unsu[fldJleel1[S and pervnid ' 'time= 7.4 Change in Allocated. Interests. In the event Declarant or Successor Declarant exercises the right to add additional units or withdraw Lots as set forth above, the Allocated Interests of the resulting Lots after such expansion or withdrawal shall be adjusted prorata based upon the number of residential lots in the Development remaining after the expansion or withdrawal. 7.5 Termination of Rights. The rights reserved to the Declarant for itself, its successors and assigns in this Article shall expire, unless sooner terminated as required by the Act, at the latest time provided in Section 7.3 of this Declaration unless such rights are (i) extended as allowed by law or (ii) reinstated or extended by the Association, subject to whatever terms, conditions and limitations the Board may impose on the subsequent exercise of the rights by Declarant. ARTICLE 8 -- EASEMENTS AND LANDS RESERVED 8.1 Utility and Irrigation Easements Reserved. Declarant hereby reserves to itself, its successors and assigns, perpetual easements ten feet in width: 1) on each side of the boundary line along the entire perimeter of each Lot and the Common Elements and within all other easements described on the Plat, for the purpose of constructing, maintaining, operating, replacing, enlarging, and repairing electric, telephone, water, irrigation, sewer, gas, and similar lines, pipes, wires, conduits, ditches, fences and within the Common Elements, trails for non -motorized recreational uses and equestrian riding trails. The precise location of said easements shall be identified in a recorded document after the establishment of any such facilities or trails. 8.2 Irrigation Easements Reservation. Declarant hereby reserves to itself, its successors and assigns, perpetual easements across all of the lands in the Common Elements along the line of all domestic water lines and irrigation ditches and laterals presently in existence or hereafter established for the purpose of constructing, maintaining, relocating, replacing and operating - 21 - water supply systems or irrigation ditches and laterals and if the Architectural Committee so determines, to construct, maintain and operate other irrigation systems including without limitation, sprinklered irrigation systems, all for the proper irrigation of all meadow lands or hay or equestrian fields in and adjoining the Development or located on any tracts therein. Association shall have the obligation to irrigate all meadow lands at all reasonable times, to build and maintain fences and ditches so as to preserve and maintain their natural beauty. In the event Association does not so irrigate and maintain the Common Elements, Declarant shall have the right to do so and shall be reimbursed the cost thereof by the Association. In this regard, Declarant reserves to itself, its successors and assigns the right to irrigate all meadow lands within the Common Elements at all reasonable times, to build and maintain fences and ditches and relocate the same from time to time and to go on the Common Elements for the purpose of carrying on such activities and irrigating such meadow lands or hay fields so as to preserve and maintain their natural beauty and to preserve the water rights associated therewith. 8.3 Easements for Roads. In addition to the easements and reservations set forth on the Plat, Declarant hereby reserves to itself, its successors and assigns perpetual easements across all roads within the Development giving access to the Lots and the Common Elements as shown on the Plat or as may hereafter be established, together with the right of the Declarant to permit the use of said easements by the owner of the Equestrian Lot for purposes of access, ingress, egress and the placement of utilities. ARTICLE 9 -- ENFORCEMENT 9.1 Enforcement Action. The Architectural Committee shall have the right to prosecute any action to enforce the provisions of all of this Declaration by injunctive relief, on behalf of itself and all or part of the Owners. In addition, each Owner and the owner of the Equestrian Lot and/or the Association, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of any provisions of this Declaration. 9.2 Limitations on Actions. In the event any construction or alteration or landscaping work is commenced upon any of the lands in the Development in violation of any provision of this Declaration and no action is commenced within 180 days thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. Said 180 -day limitation shall not apply to injunctive or equitable relief against other violations of this Declaration. No bond shall be required to be posted by any party seeking to enforce the provisions of this Declaration against the owner of a Lot and all of said owners of Lots hereby waive the requirement of posting a bond in such action. - 22 - ARTICLE 10 -- INSURANCE 10.1 Insurance. The Association shallma7 purchase property insurance policies covering the Development, its Common Elements, utility systems, roads, easements, equipment, and other property that the Association, in its discretion, deems advisable. In addition, the Association may purchase commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, management. or other activities related to the land shown on the Plat. The Association may purchase any other insurance policies it deems advisable. 10.2 Fidelity Insurance. If any Owner or employee of an Association controls or disburses funds of the Association, the Association must obtain and maintain, to the extent reasonably available, fidelity insurance. Coverage shall not be less in aggregate than two months' current assessments plus reserves, as calculated from the current budget of the Association. 10.3 Any person employed as an independent contractor by the Association for the purposes of managing the Development must obtain and maintain fidelity insurance in an amount not less than the amount specified in Section 10.2, unless the Association names such person as an insured employee in a contract of fidelity insurance, pursuant to Section 10.2. 10.4 The Association may carry fidelity insurance in amounts greater than required in Section 10.2 and may require any independent contractor employed for the purposes of managing the Project to carry more fidelity insurance coverage than required in Section 10.2. 10.5 Insurance Premiums are Common Expenses. Premiums for insurance that the Association acquires and other expenses connected with acquiring such insurance. are common expenses. ARTICLE 11 -- GENERAL PROVISIONS 11.1 Covenants to Run. All of the covenants contained in this Declaration shall be a burden on the title to all of the lands in the Development and the Equestrian Lot but only where specific burdens or obligations are imposed upon the Equestrian Lot as stated herein in Sections 3.14 and 3.15, and the benefits thereof shall inure to the owners of all of the lands in the Development, and the owner(s) of the Equestrian Lot. 11.2 Termination and Amendment of Declaration. The covenants contained in this Declaration shall terminate unless extended by Amendment, on or before November 1, 2055, or at the time of final and intentional corporate dissolution of the Association, whichever date shall first occur. - 23 - This Declaration and/or the Plat may be amended by the owners of seventy percent (706) of the votes in the Association in addition to any consent to amendments required pursuant to Section 5.5 of these Declarations. No amendment to these Declarations which affects the Equestrian. Lot shall be effective unless approved in writing by the owner of the Equestrian Lot. A properly certified copy of any resolution of amendment shall be placed of record in Garfield County, Colorado, not more than six months after the date of said amendment. If the Declaration is so amended, then it shall continue in effect, as amended, for so long thereafter as may be stated in said amendment. Owners of Lots within the Development hereby expressly waive any rights to enforce the provisions of the Development Plan pursuant to § 24-67-106, C.R.S., except that all such modifications shall otherwise be subject to the procedures required by the Garfield County zoning or subdivision regulations, as appropriate to the modification. 11.3 Severability. Should any part or parts of the Declaration be declared invalid or unenforceable by any court of competent jurisdiction, such decisions shall not affect the validity of the remaining covenants. 11.4 Repeal of the Act. In the event that the Act is repealed, the provisions of the Act immediately before its repeal shall control this declaration. However, to the extent that the Bylaws of the Association differ from the Act as repealed, the provisions of the Bylaws shall control. 11.5 Paragraph Headings. The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the covenants contained herein. weinberq\presh\dec3.8.r1 - END - - 24 - DEVELOPMENT AND VESTED RIGHTS AGREEMENT ASPEN EOUESTRIAN ESTATES SUBDIVISIONLPUD THIS AGREEMENT is made and entered into this day of 2000, by and between the ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited partnership (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, (hereinafter "County"). WITNESSETH: WHEREAS, Owner is the owner and developer of certain real property located within Garfield County, Colorado, known as the Aspen Equestrian Estates SubdivisionfP.U.D, as approved and more particularly described in the final plat resolution of the Board of County Commissioners, known as County Resolution No. 2000- *; and WHEREAS, previous approvals for this property are as follows: Resolution No. 1989-121 Preshana Farms Planned Unit Development and Plan; Resolution No.1998-O11Approvalof Modification to the PUD rezoning plan for Preshana Farms PUD; Resolution No.2000-0I5Granting approval of a Preliminary Plan for Jay Weinberg of Aspen Equestrian Estates, LLC; Resolution No.2000-016Approval of a PUD Amendment application for the Aspen Equestrian Estates Subdivision of Preshana Farms PUD and Land Development; Resolution No.2000-027 Granting approval of an Amendment to a preliminary plan resolution of approval #2000-015 - Aspen Equestrian Estates; Resolution No.2000-030Approval of a PUD Amendment for the Aspen Equestrian Estates Subdivision of the Preshana Farms PUD and Land Development; and WHEREAS, Owner has submitted to the County for its approval the Final Plat for Aspen Equestrian Estates SubdivisionlPUD (hereinafter "Final Plat"} for all of the property lying within Aspen Equestrian Estates SubdivisionlPUD. The property within Aspen Equestrian Estates SubdivisionlPUD is described upon the Final Plat for Aspen Equestrian Estates SubdivisionlPUD and on the attached Exhibit A; and WHEREAS, the Final Plat and related documents evidencing the final approval of the Aspen Equestrian Estates Subdivision/PUD constitute a site specific development plan under the provisions of the Garfield County Subdivision Regulations, section 14:00 et.seq. and CRS 24-68-101 et.seq. and all requisite public notices have been given as required by state and local law; and WHEREAS, County has determined that, taking into consideration the size of the development, market conditions, the investment in infrastructure made by the Owner and economic cycles, it is in public interest that the duration of vested rights be extended for a total of seven years; NOW THEREFORE, the parties agree as follows: 1. VESTED RIGHTS. The Final Plat and the Resolutions granting PUD and Subdivision approvals for Aspen Equestrian Estates Subdivision/PUD, including the zoning established thereunder, constitute a Site Specific Development Plan pursuant to CRS 24-68-101 et.seq., and the Subdivision and each of its lots shall be vested against any changes in the Garfield County land use code, Subdivision Regulations, PUD Regulations or Zoning Regulations for a period of seven years from the date of recording the Final Plat. 2. BINDING EFFECT. This agreement shall be a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. 3. RECORDING. Upon execution and authorization by the County, the Owner shall record this agreement with the Office of the Clerk & Recorder for Garfield County, Colorado. 4. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this agreement shall lie in the District Court for Garfield County, Colorado, and be construed pursuant to the laws of the State of Colorado. 5. 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. 6. NOTICE. All notices required herein shall be tendered by personal service or certified mail upon the following individuals or agents of the parties to this agreement: Board of County Commissioners of Garfield County c/o Mark Bean, Planning Director I09 8th Street, Suite 303 Glenwood Springs, Co 81601 Aspen Equestrian Estates Subdivision/PUD, LLC 3275 County Road 100 Carbondale, CO 81623 with copy to: Herbert S. Klein, Esq. Klein-Zimet Professional Corporation 201 N. Mill St. #203 Aspen, CO. 81611 ENTERED INTO the day and year first above written. Aspen Equestrian Estates LLC, a Colorado limited liability company, By: Jay N. Weinberg its Manager BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: Chairman ATTEST: Clerk to the board Exhibits: A- Legal Description PARCEL A: A PARCEL OF LAND SITUATED IN 11 1't 11''1' I U11 OF LOTS 3, 4, 6, 17, 18, AND 19 OP SECTION 31 TOWNSIHIP 7 SOUTH, RAN' IC; 117 WEST O1' THE SIXTH PRINCIPAL MERIDIAN, COUNTY O1' GARFIELD, STATE OF Ct )1 SMI' AI'O, SAJ D PARCEL F3EING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WITNESS CORNER 10 'HIE NORTHEAST CORNER OF SAID SECTION 31, A STONE IN PLACE, THENCE S C;i1 DEGREES 01' 05" W 2350.39 FEET TO THE SOUTHEAST CORNER OF RECEPTION lI"1. 279416, Al„0 BEING A POINT ON THE WESTERLY RIGHT-OF-WAY OF COUNTY I?o71D 110. 100, A REBAR AND CAP L.S. NO. 10732 IN PLACE, TIIE TRUE MINT N1'1' O1' BEGINNING; THENCE S 00 DEGREES ].1' 29” W ALONG SAID WESTERLY R I (;JJ'1'-tr)I'-WAY 1127.14 FEET TO A REBAR AND CAP L.S. NO. 10732 IN PLACE; THENCE 11 1'.I TIUi1IG ALONG SAID WESTERLY RIGHT-OF-WAY S 03 DEGREES 56' 29" W 117.74 1'vJ;'k' TO A EMIR AND CAP L.S. NO.10732 111 PLACE; TIIENCE CONTINUING ALONG SAID WESTERLY R1GUT-OF-WAY S 11 DEGREES 37' 27" W 299.44 FEET; THENCE LEAVING; SA I I1 WESTERLY RIGI1T-OF-WAY N 72 DEGREES 41' 32" W ALONG A LINE BEING II0I;'IIIEI"1,1' OF BLUE CREEK 136.34 FEET; THENCE CONTINUING ALONG A LINE BEING !H1l I'J1E1;I,Y OF 11LUE CREEK N 77 DEGREES 44' 52" W 317.09 FEET; THENCE CONTINU111U Aw1t., A LINE BEING NORTHERLY OF BLUE CREEK N 62 DEGREES 48' 46" W 375.98 FENT; THENCE CONTINUING ALONG A LINE BEING NORTHERLY OF BLUE CREEK N 41 DI:(;Ui°.I::, 30' 29" W 89.74 FEET; THENCE CONTINUING ALONG A LINE BEING NORTHERLY OF EILUE CREEK II 81 DEGREES 01' 17" W. 285.92 FEET; THENCE N 13 DEGREES 12' 20" E 120.00 FEET TO A POINT IN AN EXISTING FENCE; THENCE N 76 Di;tH l^;E:; '17' 413" 1.1 ALONG SA1D EXISTING FENCE :1.038.73 FEET TO A POINT ON TUE EASTERLY L11JE OF PARCEL "13" OF RECEPTION MO. 375658 (FROM WHENCE REBAR 11[11 D CAP L.S. 110. 10732 BEARS 5 00 DEGREES 00' 18" L•I 263.20 FEET) : THENCE N 00 I tM RI;J„3 00' 18" E ALONG SAID EASTERLY LINE 1013.61 FEET TO A POINT ON THE n()lJ'J'111:RLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY NO. 82 AS EVIDENCED BY EXISTING RIGHT-OF-WAY MONUMENTS AND THE [EXISTING CENTERLINE (WHENCE A R1;I171R A1J1) (_'AP L.S. NO. 3317 BEARS S 00 DEGREES 00' 18" W 3.99 FEET) ; 'J'IIEII"'E 5 79 DEGREES 56' 55" E ALONG SAID SOUTHERLY RIGHT-OF-WAY 1982.77 I,.1;I:'I'; TI11 UCE 5 10 DEGREES 30' 53" W ALONG THE EASTERLY LINE OF SAID RECEVI' I c tII HO. 279,116 133.47 FEET TO A REBAR AND CAP L.S. NO. 10732 IN PLACE; T'HEM'E J; 79 DEGREES 44' 32" E ALONG TIIE SOUTHERLY LINE OF SAID RECEPTION I lr f . '2791.1G 247.29 FEET TO THE TRUE P01111' OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO PARCEL E3: A 20 FOOT SANITARY SEWER EASEMENT tt'VER, UNDER, AND ACROSS THE SOUTHWESTERLY 2 AND WESTERLY 20 FEET OF LOT 12, AMENDED PLAT OF LOTS 11 AND 12 RANCH AT ROARING FORK, PHASE V, GARFIELD COUNTY, COLORADO, AS MEASURED AT RIGHT ANGLE TO THE SOUTHWESTERLY AND WESTERLY BOUNDARIES OF SAID LOT ACCORDING TO THE RECORDED SUBDIVISION PLAT THEREOF. THE EASEMENT CENTERLINE IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF LOT 12, AMENDED PLAT OF LOTS 11 AND 12 RANCH AT ROARING FORK, PHASE V: THENCE NORTH 00 DEGREES 07' 35" EAST ALONG THE EASTERLY BOUNDARY OF SAID LOT 12 A DISTANCE OF 10.00 FEET `1,U THE TRUE POINT OF BEGINNING; THENCE WEST PARALLEL TO AND 10 FRET AT RIGHT ANGLE TO THE SOUTHERLY BOUNDARY OF LOT 12 A DISTANCE OP 94.33 FEET; THENCE NORTH 18 DEGREES 39' 41" WEST PARALLEL TO AND 10 FEET AT RIGHT ANGLE TO THE WESTERLY BOUNDARY OF LOT 12 A DISTANCE OF 145.87 FEET MORE OR LESS TO THE CURVED NORTHERLY BOUNDARY OF LOT 12, THE CENTERLINE TERMINUS. COUNTY OF GARFIELD STATE OF COLORADO .E 3 ASPEN EQUESTRIAN ESTATES ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST FOR PUBLIC IMPROVEMENTS HCE JOB NO. 99030.03 MAY S. 2000 ITEM COMPLETED REMAINING QUANTITY UNIT UNIT COST COST AS OF 2/25100 COSTS EARTHWORK EARTHWORK 1 L.S. 522,525.00 522,525.00 510,135.00 512,390.00 UNSUITABLE MATERIAL REPLACEMENT 100 CY 518.50 51.85000 50.00 51,850.00 MOBILIZATION 1 LS. 515,130.00 515,130,00 514.650.00 5480.00 ROADS ASPHALT 14" DEPTH) 9045 SY 59 15 582.761 75 50.00 582,76I 75 CLASS 6 ABC (8" DEPTH) 3391 CY 516.60 556.290.60 $0,00 556.290.60 DOMESTIC WATER 1" COPPERWATERSERVICE 48 EA 51,04500 550.16000 550,16000 So 00 2' POLYETHYLENE WATER SERVICE 1 EA. 51.650.00 51.65000 51.65000 50.00 2" WATER SERVICE TO POOL HOUSE 490 LE 513 75 56.737 50 S6.737 50 50.00 8' DIP WATER MAIN 2758 LF 526 90 574,190.20 574,190.20 50.00 FIRE HYDRANT & APPURT. 6 EA 52,535.00 515,210.00 515,210.00 50.00 8" GATE VALVE 4 EA 5645.00 52,586.00 52,580.00 50.00 WATER TANK (200K STEEL) 1 LS 580,375 00 580,375.00 50.00 580,375.00 WATER TANK APPURTENANCES I LS 512,250.00 512,250.00 50.00 512,250.00 PUMP HOUSE 1 LS 525,000.00 525,000.00 50.00 525,000.00 PUMP HOUSE APPURTENANCES (INCLUDING PUMPS) 1 LS 590,000.00 590,000.00 50.0D 590,000.00 SEWER 8" SDR 35 SEWER MAIN 3314 LF 528.80 593,443.20 593,443.20 50.00 4" SDR 35 SEWER SERVICE 48 EA 5960.00 546,080.00 546,080.00 50.00 6" SDR 35 SEWER SERVICE 1 EA 51,145.00 51,145.00 51,145.00 50.00 6" SDR 35 SEWER SERVICE TO POOL HOUSE 495 LF 59.54 54,722.30 54,722.30 50.00 SEWER CLEANOUTS FOR SERVICE TO POOL HOUSE 5 EA 5125.00 5625.00 5625.00 50.00 SEWER MANHOLE 17 EA 51,595.00 527,115,00 527,115.00 50.00 CONCRETE SEWER ENCASEMENT 20 LF 521.00 5420.00 5420.00 50 00 CONNECT TO EXISTING MANHOLE 1 LS 5390.00 5390.00 5390.00 50.00 . FINAL PAYMENT TO RANCH at ROARING FORK (AS PER AGREEMENT) 1 LS 5157,50000 5157,500.00 5157,500 00 50 00 92.3 Cooper Avenue Glenwood Springs, CO 81601 phony 970 945-8676 ■ fax 970 945-2555 14 Inverness Drive East, Ste 15-144 Englewood, CO 80112 phone 303 925-0544 • fax 303 925.0547 ITEM COMPLETED REMAINING QUANTITY UNIT UNIT COST COST AS OF 2125/00 COSTS SHALLOW UTILITIES 4' UTILITY TRENCH (E -T -C) 3284 LF 55 70 530,118 80 524,095 04 56.023.76 HOLY CROSS ELECTRIC CHARGES 1 LS. 590,000.00 590,000.00 590,000.00 5400 INSTALLATION OF HOLY CROSS' CONDUIT 5640 LF 53 19 517,991.40 514,393.28 53,598.32 KN ENERGY CHARGES 1 LS 5135,000 00 5135,000.00 5135,000.00 50.00 1 11'2" CONDUIT do INSTALLATION 850 LF 53 82 53.247,00 52,597.60 5649 40 2' CONDUIT & INSTALLATION 850 LF 53.95 53,357.50 52,686.00 5671.50 ELECTRIC TRANSFORMER VAULT 15 EA 5325.00 54,875.00 54,875.00 50.00 STORM DRAINAGE 18" ADS N-12 127 LF 522.45 52.,851 15 50.00 52.851 15 24" ADS N-12 135 IF 530.80 54,15800 50.00 54,158.00 36' ADS N-12 92 LF 546.25 54,255.00 50.00 54,255.00 18" ADS N-12 M.E.S. 2 EA 5175.00 5350.00 50.00 5350.00 24" ADS N-12 M.E.S. 4 EA 5240.00 5960.00 50.00 5960 00 36' ADS N-12 M.E.S. 4 EA 5650.00 52,600.00 50.00 52,600.00 RE V EG ETAION REVEG. W TH1'N RIGHT OF WAY 1 L5 513,650.00 513,650 00 50 00 513,65000 MISC. IMPROVEMENTS EQUESTRIAN TRAILS 1200 LF 57.35 58.82000 5000 58,820.00 STREET LIGHT POLE 4 EACH 5600.00 52.400.00 50.00 52,400.00 CLASS 1 GROUND SIGNS 5 EACH 5250.00 51.250.00 5000 5125000 EROSION CONTROL 1 EACH 56,350.00 56,350 00 55,715.00 5635.00 INTERPRETIVE SIGNS 1 EACH 51,000.00 51,000 00 50.00 51,000.00 ENGINEERING SERVICES CONSTRUCTION ADMINISI-RATION. TESTING AND SURVEYING 1 LS 5125,000.00 5125,000.00 598,000.00 '327,000 00 SUBTOTAL 51,326.384.60 10% CONTIGENCY 5132,638.46 COMPLETED TOTAL COSTS TO DATE: REMAINING: TOTAL $1,326,384.60 5884,115.12 $442,269.48 This opinion of probable construction cost was prepared for estimating purposes only. High Country cannot be held responsible for variances from this estimate as actual costs may vary due to bd and m Michael Erion. P.E. Wright Water Engineers. Inc. 818 Colorado Avenue P.G. Box 219 Glenwood Springs. CO 81602 Re: Aspen Equestrian Estates — Percent Complete of Construction HCE Project No. 99030.03 Dear Michael: The purpose of this letter is to address the percentage of completion for the construction on the Aspen Equestrian Estates. Based on periodic observations of the construction in progress, the sewer improvements (which include the sewer main, sewer manholes, 4" and 6" sewer services, sewer cleanouts to the pool house, concrete encasement. and connection to the existing manhole) for Aspen Equestrian Estates have been completed in compliance with the approved construction documents 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 at Roaring Fork), Based on periodic observations of the construction in progress. the water improvements (which include the 1" and 2" water services. 8" water main. fire hydrants. and gate valves) have been completed in compliance with the approved construction documents and the Garfield County Regulations. At the time of the Engineer's Opinion of Probable Construction Costs for Public improvements.. February 28, 2000. Holy Cross Electric and KN Energy have been paid their contract fees. Also. portions of the following items have been completed: earthwork (45%), mobilization (57%), and shallow utility trenches (80%). Included with this letter is the current pay request from M & M Construction. Their percent complete is greater than these values. based on the work completed during the month of March. Please contact me if you have any questions or need additional information. Sincerely. f HIGH COUNTRY ENGf NEEDING. INC: ' ; r r vim eslie A. Hope. P.E. Project Manager • 1 y7 Enc �`., L rf. cc. Kit Lyon, Garfield Coun ttaing and Planning Ron Liston. Land Design Partnership Janet Lightfoot. Aspen Equestrian Estates Tom Zancanella. Zancanella & Associates 923 Cooper Avenue Glenwood Springs. CO 81601 phone 970 945-8b76 • fax 970 945-2555 14 Inverness Drive Easf. Ste 8-144 Enekvood, CO 80112 :thane 303 925-0544 • fax 303 925-0547 FROM : I<LE 1 IN -Z r r1Ef PG 970 925 8700 2000.05-04 CONSENT AND SUBORDINATION OF LENDER 13:49 4±024 P.03,03 Henry Trettin and Lana Trettin (collectively, the "Lender"), being the current beneficiary under that certain. Deed of Trust, dated July 22, 1999 (the "Deed of Trust"), granted by Aspen Equestrian Estates LLC, a Colorado limited liability company (the "Borrower") to the Public Trustee of Garfield County, Colorado that was recorded July 23, 1999 at Reception No. 549271, Book 1141, page 446, does hereby state, in consideration of Ten Dollars ($10.00) in hand paid and other good and valuable consideration, that: a. The Lender hereby consents to the Borrower's plan to subdivide the real property encumbered by the Deed of Trust, as described on the plat map for the ASPEN EQUESTRIAN ESTATES SUBDIVISION/PDD which plat has been filed for record in the real property records of Garfield County, Colorado, on the day of , 2000, in Plat Book at Pages (the "Plat"). b. The Lender hereby subordinates the Lender's lien created by the Deed of Trust to the. Plat and all associated documents between Borrower and. Garfield County, Colorado which embody the conditions of the approvals granting the subdivision of the real property encumbered by the Deed of Trust; provided, however, that the real property encumbered by the Deed of Trust shall remain encumbered thereby in accordance with the terms of the Deed of Trust, except as its priority is modified by this subordination. IN WITNES WHEREOF, this instrument has been executed this H day of Iu , 2000. STATE OF �' .1�- rNeu ) ss. COUNTY OF ) ANNE MARIE M. SEK + L. art * 1239475 •= Nom public - Go,' ' --� •s _ \,`1111*, itis Angeles Cou: The Aoregoing instrument was acknowledged before me this 107=d of (], _ , 2000, by Henry Trettin and Lana Trettin. WITNESS my hand and seal. My commission expires: weu7ber \prenh\aubo:'d.2 05-04-00 13:53 } irrX3 2003 ataxy lac RECEIVED FROM : 97th 925 BTBO y P.03 BARGAIN & SALE DEED ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited liability company ("Grantor") for Ten Dollars ($10.00) and other good and valuable consideration, hereby sells and conveys to Aspen Equestrian Estates Home Owners Association, Inc., a Colorado nonprofit corporation ("Grantee"), whose address is c/o Klein- Zimet, P.C., 201 North Mill Street, #203, Aspen, Colorado, 81611, all its right, title and interest in and to the following real property in the County of Pitkin, State of Colorado, to wit: All real property lying outside the residential lots and Equestrian Lot and described as "Subdivision Common Area/Open Space", on that certain Plat of Aspen Equestrian Estates Subdivision, P.U.D., recorded at Reception No. of the records of Garfield County, Colorado. with all its appurtenances and improvements subject to liens, easements and rights-of-way of record. SIGNED this 6 day of May, 2000. STATE OF COLORADO COUNTY OF PITKIN ) SS, ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited liability company By Jay N. Weinberg, Manager The foregoing Ba ain and Sale Deed was acknowledged and signed before me this day of May, 2000, by Jay N. Weinberg, acting in his capacity as Manager of Aspen Equestrian Estates, LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: C./(__ Weinberg\fresh\BSDeed.i. Notary Public ■ ■ DEPARTMENT OF STATE CERTIFICATE • I, DONETTA DAVIDSON, SECRETARY OF STATE OF THE STATE QF COLORADO HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE ASPEN EQUESTRIAN ESTATES HOME OWNERS ASSOCIATION, INC. (COLORADO NONPROFIT CORPORATION) FILE # 20001046288 WAS FILED _IN THIS OFFICE ON March 06, 2000 AND HAS COMPLIED WITH THE APPLICABhE PROVISIONS OF THE LAWS OF THE STATE OF COLORADO AND ON THIS DATE IS IN GOOD STANDING AND AUTHORIZED AND COMPETENT TO TRANSACT BUSINESS OR TO CONDUCT ITS AFFAIRS WITHIN THIS STATE. Dated: April 26, 2000 SECRETARY OF SI ATE KLEIN - ZIMET HERBERT S. KLEIN MILLARD J. ZIMET* OF COUNSEL: JACQUELINE L. GARDNER 'also admitted in New York Via - Via Facsimile - 963-9243 PROFESSIONAL CORPORATION ATTORNEYS AT LAW May 5, 2000 Ranch of Roaring Fork Homeowners Association Attn: Mike Bell - Manager Re: Ranch at Roaring Fork Sewer Plant Expansion Aspen Equestrian Estates Confirmation of Payments Dear Mike: 201 NORTH MILL STREET SUITE 203 ASPEN, COLORADO 81611 TEL (970) 925-8700 FAX: (970) 925-3977 The purpose of this letter is to provide confirmation to Garfield County that Aspen Equestrian Estates, LLC, the developer of the Aspen Equestrian Estates Subdivision/PUD, has paid all sums due under the Sewer Service Agreement between the Ranch at Roaring Fork and Aspen Equestrian Estates, recorded in Bock 1153, Page 629 of the records of Garfield County, Colorado. To date, Aspen Equestrian Estates has deposited the following sums into an escrow account controlled by the Ranch at Alpine Bank: $262,500.00 representing 35 EQR's; and $157,500.00 representing 21 EQR's. Kindly confirm the above stated information by signing this letter yourself or by having an appropriate officer of the Ranch at Roaring Fork Homeowners Association doing so in the space provided below. Your immediate attention to this would be greatly appreciated as it is necessary for presentation of this letter to the County in order to have our final plat hearing scheduled. MAY -09-2000 14:51 RFINI-WITRDAPPAGFIRK Ranch at Roaring Fork Homeowners Association Mike Sell, Manager May 5. 2000 Page 2 Please feel free to call me IL you tutve any questions. Very Lru1y yours, KLEIN-ZIMET PROFMSIONAL CORPORATION f / Herbert S. Klein, Esq. P.01 TPF: UNDERSIGNED HEREHY AGREES THAT THE INFORMATION SET FORTH ABOVE IN THIS LETTER IS CORRECT. Ranch at Roaring Fork Homeowners Association By: Title: sO reumbetglipteph\aci_1tr TD11 L 11.01 Alpine Bank a. Aspen IRREVOCABLE LETTER OF CREDIT Date of Issue: June 5, 2000 Amount: $441,269.00 Number: 02000896-01 Expiration: June 5, 2001 TO: Aspen Equestrian Estates, LLC BENEFICIARY: Garfield County Subject: Completion of Infrastructure Gentleman: We hereby open our irrevocable letter of Credit in favor of Aspen Equestrian Estates, LLC, or its designees, available by drafts drawn on Alpine Bank Aspen at sight for any sum not exceeding the total of $441,269.00, on the account of Aspen Equestrian Estates, LLC. Each draft must bear upon its face the clause. "Drawn Under Letter of Credit No. 02000896-01, dated June 5, 2000, of Alpine Bank Aspen." Each draft must be accompanied by a statement signed by a designated official of Garfield County, state under oath that the improvements required by the County of Garfield, Colorado, as a condition of the issuance of a Development/Special Use Permit have not been completed. Partial drawings are permitted, but the combined draws by the County, or its designee cannot exceed the amount of this Letter of Credit. Drawings pursuant to this Letter of Credit are to be used by the County, or its agents, assigns, or designees on behalf of Aspen Equestrian Estates, LLC, to complete the improvements required as a condition of the issuance of a Development/Special Use Permit, either in accordance with the original plans and specification, or as they may be modified by the County. The County shall act as the attorney in fact for Aspen Equestrian Estates, LLC in completing such improvements. Upon completion of the improvements as required by the County and in accordance with the terms and conditions of the Development/Special Use Permit, the County Planning Director shall furnish an affidavit of completion to the bank, and upon receipt hereof, the bank shall be relived of all responsibility or liability under the terms and condition of this Letter of Credit. We Agree that the bank may not revoke this Letter of Credit until these conditions have been satisfied or until the date shown above unless otherwise agreed to by the County. 600 East Hopkins Avenue, Suite 001 • Aspen, Colorado 81611 • (970) 920-4800 • Fax (970) 920-4274 • Loan Fax (970) 920-3781 recycled paperwww,alpinebank.com • alpine@alpinebank.com The amount of each draft, which is negotiated pursuant to this Letter of Credit, together with the date of negotiation, must be endorsed on the reverse side of this Letter Of Credit. We further agree with you that in the event this Letter of Credit is wrongfully dishonored by us, and you find it necessary to enforce the terms and conditions hereof by legal proceeding in which you prevail, you shall be entitled to interest at the legal rate from the time of bringing the action and reasonable attorney's fees and such other relied as may seem proper to the court. This Letter of Credit is issued subject to the most recent revision of the Uniform Customs Practice for Documentary Credits, International Chamber of Commerce Publication no. 500. We further certify that any officer of the Bank is authorized to issue letters of credit of this nature. Sincerely, Alpi By:..... Knotts, Senior Vice President RECEIVE© MAY 2 5 2000 AGREEMENT This Agreement is made and entered into between Carbondale and Rural Fire Protection District (Fire District) and Aspen Equestrian Estates (Developer), 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 Resolution No. 93-7, Series of 1993, providing for collection of a base development impact fee of $200.00 per residential lot, multi- family residential unit, or for each 10,000 square 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 lot, multi -family residential unit, or for 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 1,900 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 1,900 square feet of size or fraction thereof, or $1,042.50 for each 1,900 square feet of hotel/motel buildings in size with an additional fee of $1,042.50 for each additional 1,900 square feet of size or fraction thereof; and WHEREAS, the Developer is seeking subdivision approval for Aspen Equestrian Estates from Garfield County, which property 1s located within the Fire District boundaries and is subject to the terms 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 Developer 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 feet in size with an additional 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 hotel/motel buildings in size with an additional fee of $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 such subdivision or such other date as the Developer and the Fire District may agree to in writing; and •r WHEREAS, there are 47 single family residential lots, 3 employee residential units, or 0 commercial lots or 0 hotel/motel lots that could be created in Aspen Equestrian Estates; and WHEREAS, the parties have reached an agreement regarding the amount, time of payment, and other matters agreed to by the parties, and the parties wish to set forth their agreement in writing. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Prior to the recording of the final subdivision plat for Aspen Equestrian Estates, Subdivision, the Developer shall pay the Fire District $20,850.00. This sum represents payment of a development impact fee in the amount of $417.00 for each residential lot, multi -family units, or commercial or industrial building up to 1,900 square feet in size with an additional 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 hotel/motel buildings in size with an additional fee of $1,042.50 for each additional 1,900 square feet of size or fraction thereof; and 2. The Developer acknowledges and agrees that the contemplated development in Aspen Equestrian Estates, will cause certain fiscal impacts on the Fire District and will create the need for additional Fire District facilities and services. The Developer further acknowledges that this development should share proportionately in the cost of providing these additional facilities and services. The Developer further acknowledges and agrees that the development impact fee to be collected according to the above -referenced resolutions and the terms of this agreement is based on a rational nexus between the impact of this development and the amount of said fees and that said fee is reasonable and necessary to offset the additional costs that will be incurred by the Fire District for capital improvements, facilities, equipment, personnel, and services as a result of this development. Finally, the Developer acknowledges and agrees that the impact fee is lawful and valid and that the terms and conditions of said Resolutions are binding on and enforceable against the Developer. 3, The Developer hereby irrevocably waives and releases and agrees to indemnify the Fire District from any and all claims of any kind that might be asserted against the Fire District arising out of or in connection with the development impact fee, the collection or use thereof by the Fire District, or the terms of this agreement; provided, however, that this waiver shall not preclude the Developer from enforcing the terms of this agreement relating to reimbursement of excess fees as set forth more fully below. 4. Both parties have participated in the negotiation and drafting of this agreement, and it shall therefore be interpreted or construed in favor or against either party by virtue thereof. 5. This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado. The venue for any litigation arising out of this agreement shall be the District Court of Garfield County, Colorado. In the event of any such litigation, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs incurred. by the prevailing party. 6. This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. 7. Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. 8. The failure of either party to this agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the terms and conditions of this agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 9. The invalidity of any portion of this agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both 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. -3- ATTEST: CARBONDALE AND RURAL FIRE PROTECTION DISTRICT By: Preside Aspen Equestrian Estates Authorized signer) By: (Authorized signer) 4 0 to2 rt -6/ 'iDq,..: NCI. .0515 RECEIVED FRES?. ADDRESS P FOR 0-AfrtiZei. 6,412.0.0 DOLLARS W . ACCOUNT• AMT. 6F ACCOUNT - I • :HOW PAID CASH I AMT, PAD CHECK 41f I'' BAJE CE 014 CA EP 1 PAY TO THE ORDER OF Aspen Equestrian Estates 3275 COUNTY ROAD 100 CARBONDALE, COLORADO 81623 (970) 963-9397 CARBONDALE & RURAL FIRE PROTECTION Twenty Thousand Eight Hundred Fifty and 00/100****** MEMO ALPINE BANK 600 EAST HOPKINS AVENUE ASPEN, COLORADO 81611 82.340/1021 ********************** 5604 5/1/2000 ro n $ **20,850.00 DOLLARS CARBONDALE & RURAL FIRE PROTECTION OC) J` cac o n1uQ _ - FIRE PIARS# TALL-Tf �� ( (� Q 631e_ P 0000 60110 1:/0210340?1: 202OOLa3990 Aspen Equestrian Estates 5604 CARBONDALE & RURAL FIRE PROTECTION 5/1/2000 Alpine Bank 20,850.00 i sL t/i/vus_, iu a ',7L- (ti 41-1. acf 4,0t-ACIJU-Dt Pd. Ae- FIR MARSHALL 20,850.00 Wright Water Engineers, Inc. 818 Colorado Ave P ©. Box 219 Glenwood Springs. Color do 81602 19701945-7755 TEL 0701 945-9210 FAX (3031 893-1608 DENVER DIRE° LINE April 12, 2000 Kit Lyon Garfield County Planning Office 109 Eighth Street, Suite 303 Glenwood. Springs, Colorado 81601-3303 RE: Aspen Equestrian Estates Final Plat Dear Kit: RECEIVED APR 1 4 At your request, Wright Water Engineers. Inc. (WWE) has reviewed the additional Final Plat submittal materials for Aspen Equestrian Estates. We believe all of the items listed in our March 13. 2000 letter have been completed. except the following: 1. Documentation for the completed and partially completed items in the SIA cost estimate should be submitted. (We discussed this comment with High Country Engineering and they subsequently prepared a letter dated April 10. 2000.) 8. The revised Section 2.10 allows for individual lot owners to obtain a permit to impact wetlands. Is this consistent with the approvals for the project? 11. The blanks in paragraph 3.14 of the covenants need to be filled in. 12. Paragraph 6.4 of the covenants should read "... limited to twenty-five hundred (2.500) square -feet per residential lot in accordance with the limitations of the well permits issued for the project." If AEE wants flexibility to change this in the future, then the last sentence would be similar to the following: "Such limitations could be changed by acquiring an additional water court decree and new well permits that allow for additional irrigation. Please call if you have any questions or need additional information. Very truly yours, WRIGHT WATER ENGINEERS, INC. MichaeI J. trion, .E. Water Resourc Engineer By: cc: Don DeFord, Esq.. Garfield County E:1WorI:IW WE1921-047.060\Additionallina[Pla[Revicw.doc DENVER (3031 480 1 700 DURANGO (9701 259-74, HOULDER [3031 471.9500 Wright Water Engineers, Inc. 818 Colorado Ave PO. fox 219 Glenwood Wangs. Colorado 81602 J970J 945-7755 TEL 1970) 945-92W FAX 1303) 893-5608 DENVER DRECt LINE April 12, 2000 Kit Lyon Garfield County Planning Office 109 Eighth Street, Suite 303 Glenwood Springs, Colorado 81601-3303 RE: Aspen Equestrian Estates Final Plat Dear Kit: 'RECEIVED APR i At your request, Wright Water Engineers, lnc. (WWE) has reviewed the additional Final Plat submittal materials for Aspen Equestrian Estates. We believe all of the items listed in our March 13, 2000 letter have been completed, except the following: 1. Documentation for the completed and partially completed items in the SIA cost estimate should be submitted. (We discussed this comment with High Country Engineering and they subsequently prepared a letter dated April 10, 2000.) 8. The revised Section 2.10 allows for individual lot owners to obtain a permit to impact wetlands. Is this consistent with the approvals for the project? 11. The blanks in paragraph 3.14 of the covenants need to be filled in. 12. Paragraph 6.4 of the covenants should read "... limited to twenty-five hundred (2,500) square -feet per residential lot in accordance with the limitations of the well permits issued for the project." If AEE wants flexibility to change this in the future, then the last sentence would be similar to the following: "Such limitations could be changed by acquiring an additional water court decree and new well permits that allow for additional irrigation. Please call if you have any questions or need additional information. cc: Don DeFord, Esq., Garfield County E:IWork1W WE'921-047.0601AdditionalFinalPtatRevicw.doc DENVER j3031 480-1700 Very truly yours, WRIGHT WATER ENG)NEERS, INC. By: Michael`". trion, .E. Water Resourc Engineer DURANGO 1970) 259-7411 BOULDER - (303) 473-9500 Wright Water Engineers, Inc. 818 Colorado Ave. P.0. Box 219 Glenwood 5pnngs. Colorado 81602 {9741945-7755 TEL 1970 945-9210 FM 13031 893-1608 DENVER DIRECT UNE April 12, 2000 Kit Lyon Garfield County Planning Office 109 Eighth Street, Suite 303 Glenwood Springs, Colorado 81601-3303 RE: Aspen Equestrian Estates Final Plat Dear Kit: RECEIVED APR 1AN At your request, Wright Water Engineers, Inc. (WWE) has reviewed the additional Final Plat submittal materials for Aspen Equestrian Estates. We believe all of the items listed in our March 13, 2000 letter have been completed, except the following: 1. Documentation for the completed and partially completed items in the SIA cost estimate should be submitted. (We discussed this comment with High Country Engineering and they subsequently prepared a letter dated April 10, 2000.) 8. The revised Section 2.10 allows for individual lot owners to obtain a permit to impact wetlands. Is this consistent with the approvals for the project? 11. The blanks in paragraph 3.14 of the covenants need to be filled in. 12. Paragraph 6.4 of the covenants should read "... limited to twenty-five hundred (2,500) square -feet per residential lot in accordance with the limitations of the well permits issued for the project." if AEE wants flexibility to change this in the future, then the last sentence would be similar to the following: "Such limitations could be changed by acquiring an additional water court decree and new well permits that allow for additional irrigation. Please call if you have any questions or need additional information. Very truly yours, cc: Don DeFord, Esq., Garfield County E:1Work1W WE192I-047.0601AdditianalF inaiPlatReview.doc WRIGHT WATER ENGGNEERS, INC. By:,/it/ Michae £rion, .E. Water Resourc . Engineer DENVER 13031480-1700 DURANGO 19701 259-7411 BOULDER -13031 173-9500