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HomeMy WebLinkAbout07.0 Correspondence & Conditions of ApprovalGlenn Hartmann From: Michael Prehm Sent: Thursday, August 15, 2013 5:58 AM To: Glenn Hartmann Cc: rbeshelman@gmail.com Subject: Driveway 7378 CR 100 Glenn, Conditions for driveway permit issued to 7378 County Road 100 have been met. Road & bridge have no other concerns. Thanks Mike Prehm Garfield County Road & Bridge Foreman/Glenwood District (970) 945-1223 Office (970) 945-1318 Fax. (970) 618-7109 Cell 1 CIVIL August 14, 2013 Glenn Hartmann Garfield County Building and Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 An Employee -Owned Company Re: Pioneer Point Subdivision — Subdivision Improvements Dear Glenn, LAND SURVEYING RECEIvEP AUG 1 4 7013 GARFIELD COUNTY )MM4MUNfTY DEVELOPMENT Roger Eshelman has completed all the subdivision improvements related to the property as of August 14, 2014. This includes the waterline extension to Lot 1 across Lot 2, the asphalt apron and vegetation removal at the Lot 1 Pioneer Point/Hogan driveway entrance that was completed, and the asphalt apron for the Lot 2/3 driveway. The location of the Lot 1 waterline extension across Lot 2 is within the "Access, Utility, and Construction Easement" described in Tab G of the final plat application package. The water service is reflected on the Utility Plan within the Construction Drawings of the Final Plat application package. The Lot 1 driveway is an extension of a12 -ft wide driveway onto Lot 1 of Pioneer Point Subdivision. The road was built according to the standards depicted in the Construction Drawing set in the Final Plat application package. We are asking that the requirement of a Subdivision Improvements Agreement (SIA) and related plat notes be waived since the required infrastructure improvements are now in place. Sincerely, Daniel Denniso P.E. 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OQC 5j�v5was oat os xnw...0n... w_ t arra=.a, a,0.omm......5RAN 00 000 0 a... 0.00.a10.0005 ...am.00u .. 000 SOFS PIONEER POINT SUBDIVISION IMPROVEMENTS AGREEMENT THIS PIONEER POINT SUBDIVISION IMPROVEMENTS AGREEMENT ("SIA") is made and entered into this day of , 2013, by and between ROGER AND AMELIA ESHELMAN ("Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC") (collectively, the "Parties"). Recitals A. Owner is the owner and developer of the Pioneer Point Subdivision (the "Subdivision"), which property is depicted on the Final Plat of Pioneer Point Subdivision ("Final Plat"). The real property subject to this SIA is described in that Final Plat recorded at Reception Number of the real estate records of Garfield County, Colorado and incorporated by this reference. B. On January 21, 2013, by Resolution No. 2013-10, recorded at Reception Number 830406 of the real estate records of Garfield County, Colorado and incorporated by this reference, the BOCC,approved a preliminary plan for the Subdivision which, among other things, would create three (3) single-family residential lots ("Preliminary Plan Approval"). C. As a condition precedent to the approval of the Final Plat submitted to the BOCC as required by the laws of the State of Colorado and by the Garfield County Unified Land Use Resolution of 2008 ("ULUR"), Owner wishes to enter into this SIA with the BOCC. D. Owner has agreed to execute and deliver security in a form satisfactory to the BOCC to secure and guarantee Owner performance under this SIA and under the Preliminary Plan Approval and has agreed to certain restrictions and conditions regarding the sale of properties and issuance of building permits and certificates of occupancy within the Subdivision, all as more fully set forth below. E. Owner represents that at the time of recording this SIA all taxes and assessments upon all parcels of real estate described in this SIA are paid in full. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the Parties agree as follows: Asreement 1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the Preliminary Plan Approval, and the requirements ofthe ULUR, and any other governmental or quasi - governmental regulations applicable to the Subdivision ("Final Plat Approval"). Recording of the Final Plat in the records of the Garfield County Clerk and Recorder shall be in accordance with this SIA and at the time prescribed herein. 1 2. OWNERwS PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS. a. Required Improvements. The Owner agrees to cause to be constructed and installed access improvements, as shown on the Final Plat and described in Exhibit A, attached hereto and incorporated herein by reference ("Infrastructure Improvements"). b. Approval of Plans. Such Infrastructure Improvements must be installed in accordance with plans and specifications prepared by licensed engineers and professionals and approved by Garfield County. The Owner shall submit plans to the Community Development Department for engineering approval prior to commencing any work on the Infrastructure Improvements. The Owner will be responsible for any fees associated with a County engineer's review of the plans. The Owner shall comply with all laws, re&ulations, orders, resolutions and requirements of the State of Colorado, Garfield County, all special districts, and any other governmental or quasi-govemmental authority with jurisdiction, and this SIA in the construction and installation of the Infrastructure Improvements. c. Completion Date/Satisfaction of Improvements Agreement. The BOCC agrees that if all Infrastructure Improvements are installed in accordance with this SIA, the approval resolution, and the ULUR, then the Owner shall be deemed to have satisfied all terms and conditions of this SIA with respect to the installation of improvements. There is no provision in this SIA which requires the Owner to construct any Infrastructure Improvements within a set period of time. Potential purchasers are hereby put on notice that Garfield County makes no representations, assurances or guarantees concerning when, if ever, such Infrastructure Improvements will be constructed. 3. SECURITY FOR SUBDIVISION IMPROVEMENTS. a. Plat Restriction. As security for the Owner's obligation to complete the Infrastructure Improvements, the Owner shall include the following plat restriction ("Plat Restriction") as a plat note on the first page of the Final Plat to guarantee completion of the Infrastructure Improvements prior to sale or conveyance of lots: RESTRICTION ON SALE OR TRANSFER: Lot 1 as shown on this plat may not be sold, conveyed or transferred, nor building permits issued, until public improvements to serve Lot 1 are completed as required in the Subdivision Improvements Agreement between Roger and Amelia Eshelman and Garfield County, Colorado. b. Release of Plat Restriction. Upon completion of all Infrastructure Improvements, the BOCC shall authorize a "Release of Plat Restriction." The Owner may request release of the Plat Restriction by means of submission to the Community Development Department of a "Written Request for Release," in the form attached hereto and incorporated herein as Exhibit B. Such submission shall be accompanied by the Owner's Engineer's stamped certificate of completion of the Infrastructure Improvements. Before any release is considered, Owner shall certify that all taxes and assessments on the real property subject to the release are paid in full. Comment Nil: Glenn — Is this necessary, or will the plans required by COA # 8 provide the necessary engineer approval such that no additional review will be necessary? c. BOCC's Investigation. Upon submission of the Owner's Written Request for Release along with the Owner's Engineer's certificate of completion of improvements, the BOCC may review the certification and may inspect and review the Infrastructure Improvements certified as complete to determine whether or not said Infrastructure Improvements have been constructed in compliance with relevant specifications, as follows: i. If the BOCC chooses to inspect and determines that all or a portion of the Infrastructure Improvements certified as complete are not in compliance with the relevant specifications or that the requirements of the Preliminary Plan Approval have not been met, the BOCC shall furnish a letter of potential deficiency to the Owner within fifteen (15) days of submission of the Owner's Written Request for Partial Release. ii. If no letter of potential deficiency is furnished to the Owner by the BOCC within fifteen (15) days of submission of the Owner's Written Request for Release, all Infrastructure Improvements certified as complete shall be deemed complete by the BOCC, and the BOCC shall authorize execution of a Release of Plat Restriction in the form attached hereto and incorporated herein as Exhibit C, provided that all requirements of the Preliminary Plan Approval have been satisfied. The Owner may thereafter record the Release of Plat Restriction in the office of the Garfield County Clerk and Recorder. Upon recording, the Plat Restriction shall have no further force and effect with respect to and shall no longer restrict the sale, transfer or conveyance of Lot 1. iii. If a letter of potential deficiency is issued identifying a portion of the certified Infrastructure Improvements as potentially deficient and there are no outstanding requirements of the Preliminary Plan Approval, then all Infrastructure Improvements not identified as potentially deficient in such letter shall be deemed complete. iv. With respect to Infrastructure Improvements identified as potentially deficient in a letter of potential deficiency, or if the requirements of the Preliminary Plan Approval have not been met, the BOCC shall have thirty (30) days from the date of the letter to complete the initial investigation, begun under subparagraph i above, and provide written confirmation of the deficiency(ies) to the Owner. The Owner may correct such deficiency(ies) and resubmit a Written Request for Release, after which the procedures of this subparagraph 3.c. shall be followed. v. If within the thirty (30) day inspection period the BOCC finds that the Infrastructure Improvements are complete and that all requirements of the Preliminary Plan Approval have been met, or if the BOCC does not provide written confirmation of the deficiency(ies), all Infrastructure Improvements certified as complete shall be deemed complete by the BOCC, and the BOCC shall authorize execution of a Release of Plat Restriction. Owner may thereafter record the Release of Plat Restriction and the Plat Restriction shall have no further force and effect with respect to and shall no longer restrict the sale, transfer or conveyance of Lot 1. 3 vi. Within ten (10) days of recording of a Release of Plat Restriction, the Owner shall submit to the BOCC, through the Community Development Department, record drawings bearing the stamp of an engineer certifying that all Infrastructure Improvements have been constructed in accordance with the requirements of this SIA, in hard copy and a digital format acceptable to the BOCC. d. Amended Final Plat. Nothing herein shall be construed to mean the Owner is prohibited from amending the Final Plat to adjust lot lines, or eliminate lots. e. Substitution of Security to Satisfy Plat Restriction. The BOCC, in its sole discretion, may permit the Owner to substitute another security instrument, such as a cash deposit under a treasurer's deposit agreement or a letter of credit, as collateral in the place of the Plat Restriction for the purpose of securing the completion of the Infrastructure Improvements, should the Owner so request. f. Recording of Final Plat. The Final Plat shall not be recorded until the Plat Restriction has been received and approved by the BOCC and the Plat Restriction appears on the first sheet of the Final Plat. 4. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Owners installation of the Subdivision Improvements and any other agreement or obligation of Owner, related to development of the Subdivision, required pursuant to this SIA. The Owner, however, does not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or are the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall notify the Owner of receipt by the BOCC of a notice of claim or a notice of intent to sue, and the BOCC 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 BOCCas rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of governmental immunity granted to the BOCC by Colorado statutes and case law. 5. FEES IN LIEU OF DEDICATION OF SCHOOL LAND.L Owner shall make a cash deposit in lieu of dedicating land to the RE -1 School District, calculated in accordance with the ULUR and the requirements of state law. The Parties acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as follows: a. Unimproved per acre market value of land, based upon an appraisal submitted to the BOCC by Owner, i.e. $ ; and b. Land dedication standard: single-family dwelling units x acres equals acres. c. The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of recording of the Final Plat, ($ ) as a payment in lieu of dedication of land to the RE -1 School District. Said fee shall be transferred by the BOCC to the RE -1 School District in accordance with the provisions of.30-28-133, C.R.S., 4 COmmatt [CA: Glenn — Have you received the necessary information yet to fill in this section? as amended, and the ULUR. d. The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligations, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the RE -1 School District. 6. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder. 7. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA, including failure to satisfy requirements of the Preliminary Plan Approval, the BOCC may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Carbondale and Rural Fire Protection District ("District"), if the District has so required, that there is adequate water available to the construction site for the Districts purposes, and all applicable District fees have been paid to the District. 8. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a plat, suitable for recording, showing the location by surveyed legal description of any portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plat, or portions thereof, by resolution. 9. ENFORCEMENT. In addition to any rights provided by Colorado statute, the withholding of building permits and certificates of occupancy, provided for in paragraph 7, above, the provisions for release of the Plat Restriction, detailed in paragraph 3, above, and the provisions for plat vacation, detailed in paragraph 8, above, it is mutually agreed by the BOCC and the Owner, that the BOCC, without making an election of remedies, shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any other provision of this SIA be interpreted to permit the purchaser of a lot to file an action against the BOCC. In addition, the BOCC may, but shall not be required to, pursue any of its enforcement remedies as applicable, pursuant to Article 12 of the ULUR. 10. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and other interested persons as to the terms and provisions of this SIA. 5 11. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. 12. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the Owner and the BOCC, identified below, are authorized as contract administrators and notice recipients. Notices required or permitted by this SIA shall be in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner at the address or facsimile number set forth below: Owner: Roger and Amelia Eshelman 7378 County Road 100 Carbondale, CO 81623 w/copy to, BOCC: Board of County Commissioners of Garfield County, Colorado c/o Community Development Department Director 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 13. AMENDMENT. This SIA may be modified, but only in writing signed by the Parties hereto. 14. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 15. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date of Final Plat Approval for the Subdivision. 6 BOARD OF COUNTY COMMISSIONERS ATTEST: OF GARFIELD COUNTY, COLORADO By: Clerk to the Board Chairman Date: OWNER By: (Name and Title) Date: STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Subscribed and swom to before me by , an authorized representative of , Owner of the Subdivision, this day of , 20 WITNESS my hand and official seal. My commission expires: Notary Public 7 GARFIELD COUNTY TREASURER Certificate of Taxes Due Account Number R011396 Parcel 239118100027 Assessed To ESHELMAN, ROGER B & AMELIA S 7378 COUNTY ROAD 100 CARBONDALE, CO 81623-8816 Certificate Number 2013-01790 Acres 6.702 Order Number Vendor ID Roger B Eshelman 7378 COUNTY ROAD 100 CARBONDALE, CO 81623-8816 Legal Description Section: 18 Township: 7 Range: 87 TR IN LOT 12, ALSO A TR OF LAND CONT 3.001 AC+/- AS DESC IN BNDY LINE ADJ BK 1528/609 AND PLAT 638443, A PARCEL OF LAND SITUATED IN THE W1/2NEI/4 Situs Address 007378 100 COUNTY RD,7378 CATHERINE STORE RD Year Tax Charge Tax Interest Fees Payments Balance 2012 Total Tax Charge $3,818.76 $152.75 $0.00 ($3,971.51) $0.00 $0.00 Grand Total Due as of 08/16/2013 $0.00 Tax Billed at 2012 Rates for Tax Area Ol 1 - 1R -MF - 011 Authority GARFIELD COUNTY GARFIELD COUNTY - ROAD & B GARFIELD COUNTY - SOCIAL SE CARBONDALE & RURAL FIRE BASALT WATER CONSER COLO RIVER WATER CONS SCHOOL DISTRICT RE -1 COLORADO MTN COLLEGE GARFIELD COUNTY PUBLIC LIBR Taxes Billed 2012 * Credit Levy Mill Levy 10.3410000 2.5500000 0.7640000 9.9650000 0.0440000 0.2420000* 38.3880000 3.9970000 1.0000000 Amount Values $586.85 $144.71 $43.36 $565.51 $2.50 $13.73 $2,178.52 $226.83 $56.75 67.2910000 $3,818.76 SINGLE FAM.RES.- LAND SINGLE FAM.RES- IMPROVEMTS Total Actual Assessed $245,000 $19,500 $467,940 $37,250 $712,940 $56,750 AH 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 - September 1, 2013, Real Property - September 1, 2013. 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 account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special 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 still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal. TREASURER, GARFIELD COUNTY GEORGIA CHAMBERLAIN /fr-e-a4f4g---d.a,iu44eAeo:-t-*) 109 8th Street. Suite 204 Glenwood Springs CO. 81601 Aug 16, 2013 11:44:07 AM Page 1 of 1 Garfield County Treasurer Receipt of Tax Payment Account R011396 Parcel Number 239118100027 ESHELMAN, ROGER B & AMELIA S 7378 COUNTY ROAD 100 CARBONDALE, CO 81623-8816 Receipt Date Aug 16, 2013 Receipt Number 2013 -08 -16 -CB -8552 Situs Address Payor 007378 100 COUNTY RD,7378 CATHERINE STORE RD ESHELMAN, ROGER B & AMELIA S 7378 COUNTY ROAD 100 CARBONDALE, CO 81623-8816 Legal Description Section: 18 Township: 7 Range: 87 TR IN LOT 12, ALSO A TR OF LAND CONT 3.001 AC+/- AS DESC IN BNDY LINE ADJ BK 1528/609 AND PLAT 638443, A PARCEL OF LAND SITUATED IN THE W1/2NE1/4 Property Code Actual Assessed Year Area Mill Levy SINGLE FAM.RES.-LAND - 1112 245,000 19,500 2012 011 67.291 SINGLE FAM.RES-IMPROVEMTS - 1212 467,940 37,250 2012 011 67.291 Payments Received Cash $4,000.00 Payor Roger Eshelman Cash ($28.49) Payments Applied Year Charges Billed Prior Payments New Payments Balance 2012 Interest $152.75 $0.00 $152.75 $0.00 2012 Tax $3,818.76 $0.00 $3,818.76 $0.00 $3,971.51 $0.00 Balance Due as of Aug 16, 2013 $0.00 ALL CHECKS ARE SUBJECT TO FINAL COLLECTION. Thank you for your payment! Garfield County Treasurer 109 8th Street, Suite 204 Glenwood Springs, Colorado 81601 970-945-6382 www.garfield-county.com Receipt2013-08-16-CB-8553 Product 2 Certificate of Taxes Due CERT REVENUE WORKING FUND DUE TO FUNDS Total Tender (Cash) Payor Roger Eshelman Fri Aug 1611:44:07 MDT 2013 cbaker Name Certificate of Taxes Due R011396 Garfield County Treasurer 109 8th Street Suite 204 Glenwood Springs CO 81601 PH: (970) 945-6382 Extended $10.00 Account #:R011396 Effective Date: 8/16/13 Certificate Number: 2013-01790 Item ID: R011396/ ($10.00) $10.00 $10.00 $10.00 $10.00 Thank You 1 scW NLy To: Frank Harrington - High Country Engineering From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Pioneer Point Subdivision Date: 08/13/2013 Garfield County SURVEYOR SCOTT AIBNER, P.L.S Frank, Upon review of the Pioneer Point Subdivision Plat, I have no comments or corrections to be made prior to approval for survey content and form. Once all final comments from Community Development have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Community Development office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Scott Aibner Garfield County Surveyor cc Glenn Hartmann — Community Development Department 109 8 th Street ,Suite 100B • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail: saibner@garfield-countycom Glenn Hartmann From: Roger B. Eshelman [rbeshelman@gmail.com] Sent: Monday, August 12, 2013 7:01 PM To: Glenn Hartmann Cc: Dan Dennison Subject: Eshelman driveway apron Hi Glenn, Elam construction who is making my asphalt and promised it to me for Tuesday bailed on me and now they're not making it until Wednesday morning. No big deal. Dan is still going to supply you with the letter that saying that Everything is complete. And he can simply Inspect it on Wednesday when it's finished, (He already inspected the preparation for it )But he can supply you with the letter ahead of time, if you wish? I emailed Mike Prehm To let him know what's going on so he can also look at it on Wednesday afternoon sometime if he feels like it. Thank you, Roger Eshelman Sent from my iPhone 1 August 8, 2013 Glenn Hartmann Garfield County Building and Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Pioneer Point Subdivision — Subdivision Improvements Dear Glenn, Roger Eshelman has completed the extension across the Hogan property along the "Access, Utility, and Construction Easement" described in Tab G of the final plat application package. The extension is a12 -ft wide driveway that extends onto Lot 1 of Pioneer Point Subdivision. The road was built according to the standards depicted in the Construction Drawing set in the Final Plat application package. The construction of the driveway across the Hogan property was the only item that remained in our list of subdivision improvements. We are asking that the requirement of a Subdivision Improvements Agreement (SIA) and related plat notes be waived since the required infrastructure improvements are now in place. Sincerely, i Daniel Dennison, P.E. High Country Engineering, Inc. , Garfield County MEMORANDUM Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81601 Office: 970-945-8212 Fax: 970-384-3470 TO: Becky Wheelersberg, Administration Community Development Department FROM: Glenn Hartmann, Senior Planner DATE: July 26, 2013 SUBJECT: Pioneer Point Subdivision School Impact Fees Attached is a check provided by Roger and Amelia Eshelman in satisfaction of their school impact fees associated with the Pioneer Point Subdivision Final Plat. Details are summarized below: • The School Impact Fees are for the RE- 1 School District • The Fees have been calculated in accordance with the ULUR in effect at the time of submittal and the Preliminary Plat Approvals. • The Fees are in the amount of $931.18. Please contact me if you need anything further. Thanks. • • • Cultutamd better water. pure and simple. Pinnacle Water Inc., 1107 Hendrick Drive, Carbondale CO 81623 P: 970-963-2273 F: 970-963-0131 Aspen: 970-925-1010 Vail: 970-476-2008 Steamboat Springs: 970-879-8292 Telluride: 970-243-0628 Grand Junction: 970-243-0628 Date: 7-24-13 Glenn Hartmann Garfield County, CO Community Development Department Glenn Hartmann, Re: Water analysis by ACZ Laboratories, Inc, Project ID: L11434 / Eshelman Bacterial sample by Mesa County Health Department -Eshelman All of the parameters tested for are below the Colorado Department of Public Health and Environment (CDPHE) and the US EPA maximum contaminant levels (MCL's). The water is safe for human consumption and domestic water use. http://water.epa.gov/drink/contaminants/index.cfm Regards, Robert D. Donnelly / Pres. Pinnacle Water Inc. • ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Report to: Robert Donnelly Pinnacle Water Inc. 1107 Hendrick Dr Carbondale, CO 81623 Project ID: ACZ Project ID: L11434 Robert Donnelly: Bill to: Robert Donnelly Pinnacle Water Inc. 1107 Hendrick Dr Carbondale, CO 81623 Revised Analytical Report June 21, 2013 Enclosed are revised analytical results for sample(s) submitted to ACZ Laboratories, Inc. (ACZ) on April 04, 2013 and originally reported on April 22, 2013. Refer to the case narrative for an explanation of the changes. This project was assigned to ACZ's project number, L11434. Please reference this number in all future inquiries. All analyses were performed according to ACZ's Quality Assurance Plan. The enclosed results relate only to the samples received under L11434. Each section of this report has been reviewed and approved by the appropriate Laboratory Supervisor, or a qualified substitute. Except as noted, the test results for the methods and parameters listed on ACZ's current NELAC certificate letter (#ACZ) meet all requirements of NELAC. This report shall be used or copied only in its entirety. ACZ is not responsible for the consequences arising from the use of a partial report. All samples and sub -samples associated with this project will be disposed of after May 22, 2013. If the samples are determined to be hazardous, additional charges apply for disposal (typically less than $10/sample). If you would like the samples to be held longer than ACZ's stated policy or to be returned, please contact your Project Manager or Customer Service Representative for further details and associated costs. ACZ retains analytical reports for five years. If you have any questions or other needs, please contact your Project Manager. Sue Webber has reviewed and approved this report. �w$ ACCoR0 47 CF REPAD.01.06.05.02 Page 1 of 17 • • • ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Project ID: ACZ Project ID: L11434 Case Narrative June 21, 2013 Sample Receipt ACZ Laboratories, Inc. (ACZ) received 1 ground water sample from Pinnacle Water Inc. on April 4, 2013. The sample was received in good condition. Upon receipt, the sample custodian removed the sample from the cooler, inspected the contents, and logged the sample into ACZ's computerized Laboratory Information Management System (LIMS). The sample was assigned ACZ LIMS project number L11434. The custodian verified the sample information entered into the computer against the chain of custody (COC) forms and sample bottle labels. Holding Times All analyses were performed within EPA recommended holding times. Sample Analysis This sample was analyzed for inorganic, radiochemistry parameters. The individual methods are referenced on both, the ACZ invoice and the analytical reports. This report was revised on 06/21/13 to include the following statement: This report reflects the parameters inlcuded in the "CDPHE?s Deluxe Colorado Package", excluding coliform bacteria. REPAD.03.06.05.01 Page 2 of 17 • 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 ADZ Laboratories, Inc. • Pinnacle Water Inc. Project ID: Sample ID: ESHELMAN Inorganic Analytical Results ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L11434-01 04/02/13 10:35 04/04/13 Ground Water Field Data Parameter EPA Method Result Qual XQ Units MDL POL Date Analyst pH (Field) Temperature (Field) Inorganic Prep Parameter Total Recoverable Digestion Total Recoverable Digestion Metals Analysis Field Measurement Field Measurement EPA Method M200.2 ICP M200.2 ICP -MS 7.7 14.4 units C Result Qual XQ Units MDL PQL 04/02/13 10:35 04/02/13 10:35 rd rd Date Analyst 04/12/13 10:17 aeb 04/08/13 16:24 las Parameter EPA Method Result Qual XQ Units MDL PQL Date Analyst Arsenic, total recoverable Cadmium, total recoverable Calcium, dissolved Copper, total recoverable Iron, total recoverable Lead, total recoverable Magnesium, dissolved Manganese, total recoverable Sodium, dissolved Uranium, total recoverable Zinc, total recoverable M200.8 ICP -MS M200.8 ICP -MS M200.7 ICP M200.7 ICP M200.7 ICP M200.8 ICP -MS M200.7 ICP M200.7 ICP M200.7 ICP M200.8 ICP -MS M200.7 ICP 0.0016 34.9 0.01 0.0006 27.3 19.2 0.0076 0.02 U B U U B mg/L 0.0002 0.001 04/10/13 5:05 pmc mg/L 0.0001 0.0005 04/10/13 5:05 pmc mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L 0.2 1 04/15/13 14:46 aeb 0.01 0.05 04/15/13 18:02 aeb 0.02 0.0001 0.2 0.005 0.05 0.0005 1 0.03 04/15/13 18:02 04/10/13 5:05 04/15/13 14:46 04/15/13 18:02 aeb pmc aeb aeb 0.3 2 04/15/13 23:31 jjc 0.0001 0.0005 04/10/13 5:05 pmc mg/L 0.01 0.05 04/15/13 18:02 aeb REP IN.02.06.05.01 * Please refer to Qualifier Reports for details. Page 3 of 17 0 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 ACZ Laboratories, Inc. • Pinnacle Water Inc. Project ID: Sample ID: ESHELMAN Inorganic Analytical Results ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L11434-01 04/02/13 10:35 04/04/13 Ground Water Wet Chemistry Parameter EPA thud Result Quad XQ Units MDL POL Date Analyst Alkalinity as CaCO3 Bicarbonate as CaCO3 Carbonate as CaCO3 Hydroxide as CaCO3 Total Alkalinity Chloride Conductivity @25C Corrosivity (calc.) Fluoride Hardness as CaCO3 Lab Filtration (0.45um) & Acidification Lab Filtration (glass fiber filter) Nitrate/Nitrite as N pH (lab) pH pH measured at Residue, Filterable (TDS) @180C Sodium Adsorption Ratio in Water Sulfate SM2320B - Titration SM4500CI-E SM2510B SM 2330 - CaCO3 SI SM4500F-C SM2340B - Calculation M200.7/200.8 SOPWC050 M353.2 - H2SO4 preserved SM4500H+ B SM2540C USGS - 11738-78 D516-02 - Turbidimetric 191 mg/L 2 20 04/10/13 0:00 Ijr 7 B mg/L U mg/L 199 mg/L 7 mg/L 448 umhos/cm -0.1 SI Unit 0.7 mg/L 199 mg/L 2 20 04/10/13 0:00 2 20 04/10/13 0:00 2 20 04/10/13 0:00 1 5 04/18/13 9:43 1 10 04/10/13 20:37 04/22/13 12:23 0.1 0.5 04/17/13 12:50 1 7 04/22/13 12:23 04/12/13 16:30 0.86 mg/L 0.02 0.1 8.4 20.0 270 0.6 29 H units 0.1 0.1 C 0.1 0.1 mg/L 10 20 0.03 0.15 mg/L 1 5 04/05/13 14:37 Ijr Ijr Ijr bsu Ijr calc Ijr calc las las 04/18/13 23:22 pjb 04/10/13 0:00 04/10/13 0:00 04/05/13 16:53 Ijr Ijr Ijr 04/22/13 12:23 calc 04/17/13 12:41 Ihb REPIN.02.06.05.01 "Please refer to Qualifier Reports for details. Page 4 of 17 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 • • Inorganic Reference Report Header Explanations Batch Found Limit Lower MDL PCN/SCN PQL QC Rec RPD Upper Sample A distinct set of samples analyzed at a specific time Value of the QC Type of interest Upper limit for RPD, in %. Lower Recovery Limit, in % (except for LCSS, mg/Kg) Method Detection Limit. Same as Minimum Reporting Limit. Allows for instrument and annual fluctuations. A number assigned to reagents/standards to trace to the manufacturer's certificate of analysis Practical Quantitation Limit, typically 5 times the MDL. True Value of the Control Sample or the amount added to the Spike Recovered amount of the true value or spike added, in % (except for LCSS, mg/Kg) Relative Percent Difference, calculation used for Duplicate QC Types Upper Recovery Limit, in % (except for LCSS, mg/Kg) Value of the Sample of interest QC Sample Types AS ASD CCB CCV DUP ICB ICV ICSAB LCSS LCSSD LCSW Analytical Spike (Post Digestion) Analytical Spike (Post Digestion) Duplicate Continuing Calibration Blank Continuing Calibration Verification standard Sample Duplicate Initial Calibration Blank Initial Calibration Verification standard Inter -element Correction Standard - A plus B solutions Laboratory Control Sample - Soil Laboratory Control Sample - Soil Duplicate Laboratory Control Sample - Water LCSWD LFB LFM LFMD LRB MS MSD PBS PBW PQV SDL Laboratory Control Sample - Water Duplicate Laboratory Fortified Blank Laboratory Fortified Matrix Laboratory Fortified Matrix Duplicate Laboratory Reagent Blank Matrix Spike Matrix Spike Duplicate Prep Blank - Soil Prep Blank - Water Practical Quantitation Verification standard Serial Dilution QC Sample Type Explanations Blanks Control Samples Duplicates Spikes/Fortified Matrix Standard Verifies that there is no or minimal contamination in the prep method or calibration procedure. Verifies the accuracy of the method, including the prep procedure. Verifies the precision of the instrument and/or method. Determines sample matrix interferences, if any. Verifies the validity of the calibration. ACZ Qualifiers (Qual) B Analyte concentration detected at a value between MDL and POL. The associated value is an estimated quantity. H Analysis exceeded method hold time. pH is a field test with an immediate hold time. L Target analyte response was below the laboratory defined negative threshold. U The material was analyzed for, but was not detected above the level of the associated value. The associated value is either the sample quantitation limit or the sample detection limit. Method References (1) (2) (3) (4) (5) Comments (1) (2) (3) (4) (5) EPA 600/4-83-020. Methods for Chemical Analysis of Water and Wastes, March 1983. EPA 600/R-93-100. Methods for the Determination of Inorganic Substances in Environmental Samples, August 1993. EPA 600/R-94-111. Methods for the Determination of Metals in Environmental Samples - Supplement I, May 1994. EPA SW -846. Test Methods for Evaluating Solid Waste. Standard Methods for the Examination of Water and Wastewater. QC results calculated from raw data. Results may vary slightly if the rounded values are used in the calculations. Soil, Sludge, and Plant matrices for Inorganic analyses are reported on a dry weight basis. Animal matrices for Inorganic analyses are reported on an "as received" basis. An asterisk in the "XQ" column indicates there is an extended qualifier and/or certification qualifier associated with the result. If the MDL equals the PQL or the MDL column is omitted, the PQL is the reporting limit. For a complete list of ACZ's Extended Qualifiers, please click: http://www.acz.com/public/extquallist.pdf REP001.09.12.01 Page 5 of 17 AcZ Its TY ACZ ID • • ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Inorganic QC Summary ACZ Project ID: L11434 Alkalinity as CaCO3 SM2320B - Titration Found Mills Rec', Lower Upper RPD Limft Qual WG341864 WG341864PBW1 PBW 04/10/13 17:53 U mg/L -20 20 WG341864LCSW2 LCSW 04/10/13 18:07 WC130328-1 820 750.7 mg/L 91.5 90 110 L11446-04DUP DUP 04/10/1321:15 194 206.9 mg/L WG341864LCSW5 LCSW 04/10/1321:28 WC130328-1 820 767.2 mg/L 93.6 90 110 WG341864PBW2 PBW 04/10/1321:36 U mg/L -20 20 WG341864LCSW8 LCSW 04/11/130:26 WC130328-1 820 770.4 mg/L 94 90 110 WG341864PBW3 PBW 04/11/130:35 2.1 mg/L -20 20 WG341864LCSW11 LCSW 04/11/133:56 WC130328-1 820 785.3 mg/L 95.8 90 110 WG341864PBW4 PBW 04/11/134:05 U mg/L -20 20 WG341864LCSW14 LCSW 04/11/137:25 WC130328-1 820 797.5 mg/L 97.3 90 110 6.4 20 Arsenic, total recoverable M200.8 ICP -MS ACZ ID Type Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Limit Qua! WG341808 WG3418081CV ICV 04/10/13 3:40 MS130402-2 .05 .05127 mg/L 102.5 90 110 WG3418081CB ICB 04/10/13 3:43 U mg/L -0.0006 0.0006 WG341684LRB LRB 04/10/13 3:46 U mg/L -0.00044 0.00044 WG341684LFB LFB 04/10/133:49 MS130329-1 .05005 .05025 mg/L 100.4 85 115 L11430-03LFM LFM 04/10/13 4:50 MS130329-1 .05005 U .05219 mg/L 104.3 70 130 L11430-03LFMD LFMD 04/10/13 4:59 MS130329-1 .05005 U .05223 mg/L 104.4 70 130 0.08 20 Cadmium, total recoverable M200.8 ICP -MS ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Quai WG341808 W03418081CV ICV 04/10/133:40 MS130402-2 .05 .04979 mg/L 99.6 90 110 WG3418081CB ICB 04/10/13 3:43 U mg/L -0.0003 0.0003 WG341684LRB LRB 04/10/133:46 U mg/L -0.00022 0.00022 WG341684LFB LFB 04/10/133:49 MS130329-1 .0501 .04821 mg/L 96.2 85 115 L11430-03LFM LFM 04/10/13 4:50 MS130329-1 .0501 .0003 .0449 mg/L 89 70 130 L11430-03LFMD LFMD 04/10/13 4:59 MS130329-1 .0501 .0003 .04523 mg/L 89.7 70 130 0.73 20 Calcium, dissolved M200.7 ICP Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Quaff WG342036 WG3420361CV ICV 04/15/13 14:23 11130114-3 100 98.55 mg/L 98.6 95 105 WG3420361CB ICB 04/15/13 14:27 U mg/L -0.6 0.6 WG342036LFB LFB 04/15/13 14:39 11130326-2 67.95918 70.84 mg/L 104.2 85 115 L11434-01 AS AS 04/15/13 14:49 11130326-2 67.95918 34.9 105.34 mg/L 103.7 85 115 L11434-01 ASD ASD 04/15/13 14:52 11130326-2 67.95918 34.9 107.67 mg/L 107.1 85 115 2.19 20 REPIN.01.06.05.01 Page 6 of 17 ACZ ID ACZ Laboratories, Inc. 0 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Inorganic QC Summary ACZ Project ID: L11434 Chloride SM4500CI-E Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG342245 WG3422451CB ICB 04/18/139:15 U mg/L -3 3 WG3422451CV ICV 04/18/13 9:15 W1130131-1 54.945 58.8 mg/L 107 90 110 WG342245LFB1 LFB 04/18/139:43 W1130201-8 30 31.9 mg/L 106.3 90 110 L11434-01 AS AS 04/18/13 9:43 W 1130201-8 30 7 39 mg/L 106.7 90 110 L11452-01 DUP DUP 04/18/13 9:43 450 450 mg/L WG342245LFB2 LFB 04/18/13 10:01 W1130201-8 30 31.8 mg/L 106 90 110 0 20 Conductivity @25C SM2510B ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG341864 WG341864LCSW1 LCSW 04/10/13 17:56 PCN41036 1408.8 L11446-04DUP DUP 04/10/1321:15 WG341864LCSW4 LCSW 04/10/1321:17 PCN41036 1408.8 WG341864LCSW7 LCSW 04/11/130:15 PCN41036 1408.8 WG341864LCSW10 LCSW 04/11/133:44 PCN41036 1408.8 WG341864LCSW13 LCSW 04/11/137:13 PCN41036 1408.8 1421.1 mhos/cm 100.9 90 110 1620 1614 mhos/cm 1413 imhos/crr 100.3 90 110 1402.8 imhos/crr 99.6 90 110 1394.7 imhos/crr 99 90 110 1386.6 mhos/cm 98.4 90 110 0.4 20 Copper, total recoverable 0 • M200.7 ICP ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG342018 WG3420181CV ICV 04/15/13 17:34 11130114-3 2 1.966 mg/L 98.3 95 105 WG3420181CB ICB 04/15/13 17:40 U mg/L -0.03 0.03 WG341947LRB LRB 04/15/13 17:56 U mg/L -0.022 0.022 WG341947LFB LFB 04/15/13 17:59 11130326-2 .5 .492 mg/L 98.4 85 115 L11458-01 LFM LFM 04/15/13 18:11 11130326-2 .5 U .492 mg/L 98.4 70 130 L11458-01 LFMD LFMD 04/15/13 18:14 11130326-2 .5 U .49 mg/L 98 70 130 0.41 20 Fluoride SM4500F-C ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG342163 WG3421631CV ICV 04/17/13 12:33 WC130417-1 2.002 1.96 mg/L 97.9 95 105 WG3421631CB ICB 04/17/13 12:40 U mg/L -0.3 0.3 WG342163LFB1 LFB 04/17/13 12:47 WC130313-8 5.005 4.85 mg/L 96.9 90 110 L11434-01AS AS 04/17/13 12:53 WC130313-8 5.005 .7 5.65 mg/L 98.9 90 110 L11434-01 DUP DUP 04/17/13 12:56 .7 .62 mg/L 12.1 20 RA Iron, total recoverable M200.7 ICP ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG342018 WG3420181CV ICV 04/15/13 17:34 11130114-3 2 1.991 mg/L 99.6 95 105 WG3420181CB ICB 04/15/13 17:40 U mg/L -0.06 0.06 WG341947LRB LRB 04/15/13 17:56 U mg/L -0.044 0.044 WG341947LFB LFB 04/15/13 17:59 11130326-2 1 .995 mg/L 99.5 85 115 L11458-01 LFM LFM 04/15/13 18:11 11130326-2 1 U .995 mg/L 99.5 70 130 L11458-01 LFMD LFMD 04/15/13 18:14 11130326-2 1 U .996 mg/L 99.6 70 130 0.1 20 REPIN.01.06.05.01 Page 7 of 17 ACZ ID ACZ ID Type Analyzed PCWSCN QC Sample Found Units Rec, Lower Upper RPD Limit Qual ACZ ID ACZ Laboratories, Inc. 0 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 • • Pinnacle Water Inc. Inorganic QC Summary ACZ Project ID: L11434 Lead, total recoverable M200.8 ICP -MS Type PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Quad WG341808 WG3418081CV ICV 04/10/13 3:40 MS130402-2 .05 .05343 mg/L 106.9 90 110 WG3418081CB ICB 04/10/133:43 U mg/L -0.0003 0.0003 WG341684LRB LRB 04/10/133:46 U mg/L -0.00022 0.00022 WG341684LFB LFB 04/10/133:49 MS130329-1 .05005 .05075 mg/L 101.4 85 115 L11430-03LFM LFM 04/10/13 4:50 MS130329-1 .05005 .0014 .05075 mg/L 98.6 70 130 L11430-03LFMD LFMD 04/10/13 4:59 MS130329-1 .05005 .0014 .05042 mg/L 97.9 70 130 0.65 20 Magnesium, dissolved M200.7 ICP ACZ ID Type Analyzed PCNfSCN QC Sample Found Units Rec' Lower Upper RPD Limit Quad WG342036 WG3420361CV ICV 04/15/13 14:23 11130114-3 100 101.14 mg/L 101.1 95 105 WG3420361CB ICB 04/15/13 14:27 U mg/L -0.6 0.6 WG342036LFB LFB 04/15/13 14:39 11130326-2 49.99941 51.53 mg/L 103.1 85 115 L11434-01AS AS 04/15/13 14:49 11130326-2 49.99941 27.3 80.18 mg/L 105.8 85 115 L11434-01ASD ASD 04/15/13 14:52 11130326-2 49.99941 27.3 82.13 mg/L 109.7 85 115 2.4 20 Manganese, total recoverable M200.7 ICP WG342018 WG3420181CV ICV 04/15/13 17:34 11130114-3 2 WG3420181CB ICB 04/15/13 17:40 WG341947LRB LRB 04/15/13 17:56 WG341947LFB LFB 04/15/13 17:59 11130326-2 .5 L11458-01 LFM LFM 04/15/13 18:11 11130326-2 .5 L11458-01 LFMD LFMD 04/15/13 18:14 11130326-2 .5 1.925 mg/L 96.3 95 105 U mg/L -0.015 0.015 U mg/L -0.011 0.011 .4864 mg/L 97.3 85 115 U .4834 mg/L 96.7 70 130 U .4827 mg/L 96.5 70 130 0.14 20 Nitrate/Nitrite as N M353.2 - H2SO4 preserved ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG342294 WG3422941CV ICV 04/18/13 18:26 WI130411-3 2.416 WG3422941CB ICB 04/18/13 18:27 WG342299 2.302 mg/L 95.3 90 110 U mg/L -0.06 0.06 WG342299LFB LFB 04/18/1323:21 WI130215-3 2 1.938 mg/L 96.9 90 110 L11434-01 AS AS 04/18/13 23:23 W 1130215-3 2 .86 2.878 mg/L 100.9 90 110 L11545-01 DUP DUP 04/18/13 23:26 .26 .261 mg/L 0.4 20 pH (lab) SM4500H+ B Type Analyzed PCWSCN QC Sample Found Units Rec Lower Upper RPD Limit Quad WG341864 WG341864LCSW3 LCSW 04/10/13 18:11 PCN40853 L11446-04DUP DUP 04/10/1321:15 WG341864LCSW6 LCSW 04/10/1321:31 PCN40853 WG341864LCSW9 LCSW 04/11/130:29 PCN40853 WG341864LCSW12 LCSW 04/11/134:00 PCN40853 WG341864LCSW15 LCSW 04/11/137:28 PCN40853 6 6.01 units 100.2 98 102 8.2 8.19 units 6 6.02 units 100.3 98 102 6 6.01 units 100.2 98 102 6 6.01 units 100.2 98 102 6 6.02 units 100.3 98 102 0.1 20 REPIN.01.06.05.01 Page 8 of 17 Inorganic QC Summary III ACZ Laboratories, Inc. 0 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 • • Pinnacle Water Inc. ACZ Project ID: L11434 Residue, Filterable (TDS) @180C SM2540C ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG341646 WG341646PBW PBW 04/05/13 16:40 U mg/L WG341646LCSW LCSW 04/05/13 16:40 PCN40254 260 242 mg/L 93.1 80 120 L11462-03DUP DUP 04/05/13 16:59 3150 3190 mg/L -20 20 1.3 20 Sodium, dissolved M200.7 ICP ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qua! WG342065 WG3420651CV ICV 04/15/1323:06 11130114-3 100 100.08 mg/L 100.1 95 105 WG3420651CB ICB 04/15/13 23:12 U mg/L -0.9 0.9 WG342065LFB LFB 04/15/1323:25 11130326-2 100.0416 100.9 mg/L 100.9 85 115 L11434-01AS AS 04/15/1323:34 11130326-2 100.0416 19.2 122.1 mg/L 102.9 85 115 L11434-01ASD ASD 04/15/1323:37 11130326-2 100.0416 19.2 126 mg/L 106.8 85 115 3.14 20 Sulfate ACZ ID WG342188 W G3421881CB W G3421881CV WG342188LFB L11434-01 DUP L11518-01 AS D516-02 - Turbidimetric Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual ICB 04/17/13 9:27 U mg/L -3 3 ICV 04/17/13 9:27 W1130416-2 20 21.1 mg/L 105.5 90 110 LFB 04/17/13 12:41 W1130416-3 9.99 10.3 mg/L 103.1 90 110 DUP 04/17/13 12:42 29 28.2 mg/L AS 04/17/13 13:41 SO4TURB20 10 330 349 mg/L 190 90 110 2.8 20 M3 Uranium, total recoverable M200.8 ICP -MS ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG341808 WG3418081CV ICV 04/10/133:40 MS130402-2 .05 .05185 mg/L 103.7 90 110 WG3418081CB ICB 04/10/133:43 U mg/L -0.0003 0.0003 WG341684LRB LRB 04/10/133:46 U mg/L -0.00022 0.00022 WG341684LFB LFB 04/10/133:49 MS130329-1 .05 .04954 mg/L 99.1 85 115 L11430-03LFM LFM 04/10/13 4:50 MS130329-1 .05 .0051 .05414 mg/L 98.1 70 130 L11430-03LFMD LFMD 04/10/13 4:59 MS130329-1 .05 .0051 .05399 mg/L 97.8 70 130 0.28 20 Zinc, total recoverable M200.7 ICP ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG342018 WG3420181CV ICV 04/15/13 17:34 11130114-3 2 1.961 mg/L 98.1 95 105 WG3420181CB ICB 04/15/13 17:40 U mg/L -0.03 0.03 WG341947LRB LRB 04/15/13 17:56 U mg/L -0.022 0.022 WG341947LFB LFB 04/15/13 17:59 11130326-2 .5 .487 mg/L 97.4 85 115 L11458-01 LFM LFM 04/15/13 18:11 11130326-2 .5 U .479 mg/L 95.8 70 130 L11458-01 LFMD LFMD 04/15/13 18:14 11130326-2 .5 U .481 mg/L 96.2 70 130 0.42 20 REPIN.01.06.05.01 Page 9 of 17 ACZ Laboratories, Inc. 0 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Inorganic Extended Qualifier Report ACZ Project ID: L11434 • • ACZ ID WORKNUM PARAMETER METHOD QUAL DESCRIPTION L11434-01 WG342163 Fluoride WG342188 Sulfate SM4500F-C D516-02 - Turbidimetric RA Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MDL). M3 The spike recovery value is unusable since the analyte concentration in the sample is disproportionate to the spike level. The recovery of the associated control sample (LCS or LFB) was acceptable. REPAD.15.06.05.01 Page 10 of 17 • • ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Project ID: Sample ID: ESHELMAN Locator: RadioChemistry Analytical Results ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L11434-01 04/02/13 10:35 04/04/13 Ground Water Gross Alpha & Beta, total M900.0 Prep Method: Parameter Measure Date Prep Date Result Error(+/-) LLD Units XQ Analyst Gross Alpha Gross Beta 04/12/13 10:34 04/12/13 10:34 9.6 3.3 1.8 10 3.6 4.3 pCi/L pCi/L mla mla REPRC.02.06.05.01 * Please refer to Qualifier Reports for details. Page 11 of 17 Method Pre Reference • ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 • • Radiochemistry Reference Report Header Explanations Batch A distinct set of samples analyzed at a specific time Error(+/-) Calculated sample specific uncertainty Found Value of the QC Type of interest Limit Upper limit for RPD, in %. LCL Lower Control Limit, in % (except for LCSS, mg/Kg) LLD Calculated sample specific Lower Limit of Detection PCN/SCN A number assigned to reagents/standards to trace to the manufacturer's certificate of analysis PQL Practical Quantitation Limit QC True Value of the Control Sample or the amount added to the Spike Rec Amount of the true value or spike added recovered, in % (except for LCSS, mg/Kg) RER Relative Error Ratio, calculation used for Dup. QC taking into account the error factor. RPD Relative Percent Difference, calculation used for Duplicate QC Types UCL Upper Control Limit, in % (except for LCSS, mg/Kg) Sample Value of the Sample of interest QC Sample Types DUP LCSS LCSW Sample Duplicate Laboratory Control Sample - Soil Laboratory Control Sample - Water MS/MSD PBS PBW Matrix Spike/Matrix Spike Duplicate Prep Blank - Soil Prep Blank - Water QC Sample Type Explanations Blanks Control Samples Duplicates Matrix Spikes Verifies that there is no or minimal contamination in the prep method procedure. Verifies the accuracy of the method, including the prep procedure. Verifies the precision of the instrument and/or method. Determines sample matrix interferences, if any. ACZ Qualifiers (Qua!) H Analysis exceeded method hold time. M SM D RP ESM EPA methodology, including those under SDWA, CWA, and RCRA Standard Methods for the Examination of Water and Wastewater. ASTM DOE DOE/ESM Comments (1) (2) (3) (4) Solid matrices are reported on a dry weight basis. Preparation method: "Method" indicates preparation defined in analytical method. QC results calculated from raw data. Results may vary slightly if the rounded values are used in the calculations. An asterisk in the "XQ" column indicates there is an extended qualifier and/or certification qualifier associated with the result. For a complete list of ACZ's Extended Qualifiers, please click: http://www.acz.Com/public/extquallist.pdf REP003.09.12.01 Page 12 of 17 • A Z Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Radiochemistry QC Summary Pinnacle Water Inc. ACZ Project ID: L11434 Alpha M900.0 Units: pCi/L ACZ ID Type Analyzed PCN/SCN QC Sample Error LLD Found Error LLD Rec Lower Upper RPD/RER Limit Qual WG342032 WG341742PBW PBW 04/12/13 .55 0.91 0.87 1.74 WG341742LCSW LCSW 04/12/13 RC121002-2 81.06 84 7.6 1.3 103.6 83 133 L11331-01DUP DUP-RER 04/12/13 -0.27 1.4 1.7 .53 1.6 1.7 L11443-05DUP DUP-RER 04/12/13 2.7 1.7 1.2 3.4 1.9 1.3 0.27 2 L11334-01MS MS 04/12/13 RC121002-2 81.06 8.5 3.4 2 48 7.2 2 48.7 83 133 0.38 2 M2 Beta M900.0 Units: pCi/L ACZ ID Type Analyzed PCN/SCN QC Sample Error LLD Found Error LLD Rec Lower Upper RPD/RER Limit Qual WG342032 WG341742PBW PBW 04/12/13 .16 1.9 2.8 WG341742LCSW LCSW 04/12/13 PCN40553 100 100 6.8 4.1 100 70 129 L11331-01DUP DUP-RER 04/12/13 1.7 3 4.3 7.9 3.4 4.3 L11443-05DUP DUP-RER 04/12/13 2.9 2.2 2.9 5.6 2.3 2.9 L11444-01 MS MS 04/12/13 PCN40553 66.67 1.7 2.1 2.9 70 4.7 2.9 102.5 70 129 5.6 1.37 2 0.85 2 REPRC.01.06.05.01 Page 13 of 17 1 ACZ Laboratories, Inc. *2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 • • Pinnacle Water Inc. RadChem Extended Qualifier Report ACZ Project ID: L11434 ACZ ID WORKNUM PARAMETER METHOD QUAL DESCRIPTION L11434-01 WG342032 Gross Alpha M900.0 M2 Matrix spike recovery was low, the recovery of the associated control sample (LCS or LFB) was acceptable. REPAD.15.06.05.01 Page 14 of 17 ACZ Laboratories, Inc. 1112773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Certification Qualifiers ACZ Project ID: L11434 No certification qualifiers associated with this analysis • • REPAD.05.06.05.01 Page 15 of 17 ACZ Laboratories, Inc. 0 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 • • Pinnacle Water Inc. Sample Receipt ACZ Project ID: L11434 Date Received: 04/04/2013 10:31 Received By: Date Printed: 4/4/2013 Receipt Verification 1) Is a foreign soil permit included for applicable samples? 2) Is the Chain of Custody or other directive shipping papers present? 3) Does this project require special handling procedures such as CLP protocol? 4) Are any samples NRC licensable material? 5) If samples are received past hold time, proceed with requested short hold time analyses? 6) Is the Chain of Custody complete and accurate? The date/time was entered on the COC per the information present on the sample containers for sample(s) one. 7) Were any changes made to the Chain of Custody prior to ACZ receiving the samples? YES NO NA X X X X X 8) Are all containers intact and with no leaks? 9) Are all labels on containers and are they intact and legible? 10) Do the sample labels and Chain of Custody match for Sample ID, Date, and Time? 11) For preserved bottle types, was the pH checked and within limits? 12) Is there sufficient sample volume to perform all requested work? 13) Is the custody seal intact on all containers? 14) Are samples that require zero headspace acceptable? 15) Are all sample containers appropriate for analytical requirements? 16) Is there an Hg -1631 trip blank present? 17) Is there a VOA trip blank present? 18) Were all samples received within hold time? YES NO NA X X X X X X X X X X Chain of Custody Related Remarks Client Contact Remarks Shipping Containers Cooler Id 3880 Temp (°C) 2.3 Rad (uR/Hr) 11 Custody Seal Intact? Yes Client must contact an ACZ Project Manager if analysis should not proceed for samples received outside of their thermal preservation acceptance criteria. REPAD LPII 2012-03 Page 16 of 17 • • • 70112 Laboratories, Inc, 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Name: R3 6,EX b U� Nt.t..1 E lly L-- //9 3� i i Address: 1k0-1 % 1e. mi) ..r� QR. Pi Company: t' i ►�t.1 A 4 Y-3 ATER.ltAC.Gt " N1 k.?!. --i LL7 e-)+ 3 E-mail: RDOIJ Ka"( *v P►taNAc\1'F. wN• , (,OM , Telephone: `i -t0 -,.N(03 - 1 Name: E-mail: Company: Telephone: I Name: Rp�'j ?:i- 1D�1�1E. \ %.1 Address: flC J 1AEURcK D€ Company:1>t*><i.S1AGAa \IkTER ta( . GAR. CItiDi -i C ri +1tv43 E-mail: RCION NI jj CPI NNA,.:AE wq'Z€s; -C.c -v ,; Telephone: C"(G - ` 1W J._) - c;. a 1 3 If sample(s) received past. holding time (HT), or if insufficient HT remains to complete YES analysis before expiration, shall ACZ proceed with requested short HT analyses? NO If N.Y'then ACZ will contact client roc further Instruction. If neither "-'ES" nor "Nn' Is Ini ItCaled. ACZ will proceed wnh the requested analyses, even If HT s expired. and data will be quoWien Are samples for SDWA Compliance Monitoring? Yes No L� If yes, please include state forms. Results will be reported to PQL for Colorado. Sampler's Name:Raa@Rr 11,0NY 0 Sampler's site Information State (� Zip c de :; ...,., Time Zone MpT ' I i Quote #: E.s4-gL pd.,), tn Project/PO #: ,11E_ cp, .'BO ) js.-1C iv fn Reporting state for compliance testing: G0 o Check box if samples include NRC licensed i 1 •1 ii 1 material? 0 rr`` •Sik Matrix F \ e -k t Ft e \ SW (Surface Water) • GW (Ground Water) t - LAr R . f� D -7, 7 Please refer to ACZ's bot e.\\y • WW (Waste Water) - DW terms & conditions located q -(21.3 li:1)- (Drinking Wate) SL (Sludge) SO (Soil) OL (01) on the reverse side of this COC. ze 4-/ / • Othe (Specify) /6 3 / FRMAD050.02.11.11 White - Return with sample. Yellow - Retain for your records. Page 17 of 17 • • • MESA COUNTY HATH DEPARTMENT ifferkhig Together for a Heathy Controunfty Customer Pinnacle Water (Culligan) 1107 Hendricks Dr Carbondale, CO 81623 Mesa County Health Depc 510 29.5 Rd, Grand Junctic US Mail: PO Box 20,000, + (970) 248-6999 fax (97C http://health.mesacounty. Sample Invoice # 20-13 Date Collected 1/2/2013 System Eshelman Received 1/3/2013 7378 CR 100 Matrix DrinI ing Watei Carbondale CO Purpose Personal Info Location Comments Test Name Result MPN E. coli <1.0 E. coli/ 100 mL D14 AD LE 1�Ir 4z... Re°sro �y FIRE PROTECTION DISTRICT IMPACT FEE RECEIPT Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 Phone - (970) 963-2491 Fax - (970) 963-0569 Received Roger & Amelia Eshelman From: DATE: June 13, 2013 PAYMENT METHOD CHECK NO. NAME OF DEVELOPMENT Check Pioneer Point Subdivision QTY DESCRIPTION UNIT PRICE TOTAL 1.00 Single Family Units $ 730.00 $ 730.00 Multi Family Units 730.00 $ - Commercial/Industrial 730.00 $ - Hotel/Motel 1,825.00 $ - Total Amount Due: $ 730.00 Received By //3 /07,3 Date AGREEMENT This Agreement is made and entered into between Carbondale and Rural Fire Protection District (Fire District) and Roger & Amelia Eshelman (Developer), to become effective June 13, 2013, 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, by Resolution No. 2004-4, Series of 2004, the amount of said development impact fee was increased to $437.00 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 $437.00 for each additional 1,900 square feet of size or fraction thereof, or $1,092.50 for each 1,900 square feet of hotel/motel buildings in size with an additionalfee of $1,092.50 for each additional 1,900 square feet of size or fraction thereof; and WHEREAS, by Resolution No. 2008-5, Series of 2008, the amount of said development impact fee was increased to $730.00 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 $730.00 for each additional 1,900 square feet of size or fraction thereof, or $1,825.00 for each 1,900 square feet of hotel/motel buildings in size with an additional fee of -1- $1,825.00 for each additional 1,900 square feet of size or fraction thereof; and WHEREAS, the Developer is seeking subdivision approval for Pioneer Point Subdivision 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 Pioneer Point Subdivision that the Developer pay the Fire District a development impact fee of $730.00 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 $730.00 for each additional 1,900 square feet of size or fraction thereof, or $1,825.00 for each 1,900 square feet of hotel/motel buildings in size with an additional fee of $1,825.00 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 1 single family residential lots, 0 multi- family residential units, or 0 commercial lots or 0 hotel/motel lots that could be created in Pioneer Point Subdivision; 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 Pioneer Point Subdivision, Subdivision, the Developer shall pay the Fire District $ 730.00. This sum represents payment of a development impact fee in the amount of $730.00 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 $730.00 for each additional 1,900 square feet of size or fraction thereof or $1,825.00 for each 1,900 square feet of hotel/motel buildings in size with an additional fee of $1,825.00 for each additional 1,900 square feet of size or fraction thereof; and 2. The Developer acknowledges and agrees that the contemplated development in Pioneer Point Subdivision, 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 -2- 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. -3- 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. ATTEST: CARBONDALE AND RURAL FIRE PROTECTION DISTRICT By: President Pioneer Point Subdivision 2 By: By: -4- orizecf signer) (Authorized signer) AGREEMENT This Agreement is made and entered into between Carbondale and Rural Fire Protection District (Fire District) and Roger & Amelia Eshelman (Developer), to become effective June 13, 2013, 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, by Resolution No. 2004-4, Series of 2004, the amount of said development impact fee was increased to $437.00 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 $437.00 for each additional 1,900 square feet of size or fraction thereof, or $1,092.50 for each 1,900 square feet of hotel/motel buildings in size with an additional fee of $1,092.50 for each additional 1,900 square feet of size or fraction thereof; and WHEREAS, by Resolution No. 2008-5, Series of 2008, the amount of said development impact fee was increased to $730.00 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 $730.00 for each additional 1,900 square feet of size or fraction thereof, or $1,825.00 for each 1,900 square feet of hotel/motel buildings in size with an additional fee of -1- $1,825.00 for each additional 1,900 square feet of size or fraction thereof; and WHEREAS, the Developer is seeking subdivision approval for Pioneer Point Subdivision 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 Pioneer Point Subdivision that the Developer pay the Fire District a development impact fee of $730.00 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 $730.00 for each additional 1,900 square feet of size or fraction thereof, or $1,825.00 for each 1,900 square feet of hotel/motel buildings in size with an additional fee of $1,825.00 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 1 single family residential lots, 0 multi- family residential units, or 0 commercial lots or 0 hotel/motel lots that could be created in Pioneer Point Subdivision; 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 Pioneer Point Subdivision, Subdivision, the Developer shall pay the Fire District $ 730.00. This sum represents payment of a development impact fee in the amount of $730.00 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 $730.00 for each additional 1,900 square feet of size or fraction thereof or $1,825.00 for each 1,900 square feet of hotel/motel buildings in size with an additional fee of $1,825.00 for each additional 1,900 square feet of size or fraction thereof; and 2. The Developer acknowledges and agrees that the contemplated development in Pioneer Point Subdivision, 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 2 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. 3 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. ATTEST: Secretary CARBONDALE AND RURAL FIRE PROTECTION DISTRICT By: President Pioneer Point Subdivision By: By: -4 (Authorized signer) (Authorized signer) July 24, 2013 Roger and Amelia Eshelman 7378 County Road 100 Carbondale, CO 81623 Dan Dennison High Country Engineering Inc. 1517 Blake Ave. Suite 101 Glenwood Springs, CO 81601 GarfieldCounty Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81601 Office: 970-945-8212 Fax: 970-384-3470 RE: Pioneer Point Final Plat (SFPA-7614) Dear Roger and Dan: This letter is in regard to your recent submittal for Final Plat approvals for the Pioneer Point Subdivision. The site is located at 7378 County Road 100, approximately 6 miles northeast of the Town of Carbondale and is also known by Assessor's Parcel No. 2391- 181-00-027. Your submittals have been reviewed by the Community Development Department and County Attorney's Office and while they are thorough and well documented the following items need to be addressed prior to approval and execution of the Plat by the Board of County Commissioners. 1. The Final Plat document needs to be updated with the Plat Notes contained in Exhibit "C" to the Preliminary Plat Resolution of Approval. A copy is attached for your convenience. 2. Pursuant to the Conditions of Approval in Resolution 2013-10 the following additional plat notes needed to be added to the plat. "The Owners shall maintain compliance with the Division of Water Resources Well Permit and related Water Court Decrees and any conditions contained therein". "Compliance with the Carbondale and Rural Fire Protection District recommendations contained in their referral comments set forth in Exhibit "A" of the Preliminary Plat Resolution No. 2013-10 recorded at Reception No. 830406." 3. The following minor edits to the Final Plat Certificates need to be completed: a. The plat note currently labeled a:; Note #6 (shown as Note #7 on the Preliminary Plat) which begins with "No Further Subdivision of a Recorded Subdivision Shall be allowed....." needs to be deleted. b. In the Certificate of Ownership and Dedication the access easement across Lot 3 needs to be dedicated for the use of Lot 2. The fourth paragraph in that Certificate should be amended to include the following additional dedication: "[...] The owner(s) do hereby dedicate to and set apart the access easement as shown on Lot 3 of the accompanying Plat to the use of Lot 2 forever, and hereby dedicate to the Public Utilities...." c. Also in the Certificate of Ownership and Dedication the last sentence is missing and needs to be added at the end of the existing text. The additional text should read as follows: "All expenses for street paving or improvements shall be furnished by the seller or purchaser, not by the County of Garfield" 4. Your application needs to include a copy of the Final Road Sharing Agreement between Lots 2 and 3. This agreement will be included with other legal documents to be recorded concurrently with the Final Plat. 5. Your Application needs to establish that all required improvements have been completed through an Engineer's Certification/Statement. If they have not been completed then your Application needs to include the draft Subdivision Improvements Agreement developed as part of the Preliminary Plat review and the related plat note addressing limitation on conveyances until such time as all the improvements have been completed will also need to be included on the Final Plat. Please advise us as soon as possible as to your intentions on how you will address this subdivision improvements issue. The County has received a technical letter including finding of compliance with the CDPHE Water Quality standards pursuant to the test results from AZC Labs. Thank you for dealing with this issue and no additional water quality information is required. Once all the above items have been addressed please provide an updated submittal and review copy of the Final Plat. Subsequent to final review and approval by the County a mylar copy of the plat will be prepared for circulation for signatures. Once all owners, surveyor, title company, County Treasurer, and related signatures have been obtained you will present the plat to the County. At that time the County will coordinate obtaining the Board of County Commissioner's signatures on the plat, typically handled as a consent agenda item on the next available agenda. Plats need to be presented to the County with all required signatures a minimum of one week prior to the Board's meeting for which it will be scheduled. Staff will coordinate with you and your representatives (i.e. Attorney) recording order for the plat and related documents along with required recording fees. Please contact this office if you have any further questions or if we can be of any assistance. Sincerely, Glenn Hartmann Senior Planner XC: Carey Gagnon, Assistant County Attorney 1111IVIANOlinirfriiiMi 11111 Reception#: 830406 01/23/2013 03:24:21 PM Jean Rlberico 12 of 13 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit C - Plat Notes 1. Control of noxious weeds is the responsibility of the property owner in compliance with the Garfield County Weed Management Plan and the Colorado Noxious Weed Act. 2. No new open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et.seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 3. All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward and downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 4. Colorado is a "RIGHT -TO -FARM" state pursuant to C.R.S. 35-3-11, Et. Seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a county with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sound, and smells only as inconvenience, eyesore, noise and odor. However, state law and county policy provide that ranching, farming and other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke, chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendment, herbicide, and pesticides, any one or more of which may naturally occur as part of legal and non -negligent agricultural operations. 5. All owners of land, whether ranch or residence, have obligations under state law and county regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities an act as good neighbors and citizens of the county. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. 6. The mineral rights associated with this property may not be transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). 7. Dogs kept on the property shall be in a fenced yard, kennel or on a leash to prevent harassment of wildlife. Any outside storage of trash shall be in a bear proof container. Feeding of wildlife shall be prohibited with the exception of songbirds. Fencing on the property shall 12 1111r� K111f��il �+L I 'r �4 f�l�lslt 1114/1111 Reception#: 830406 013 of DocPM aFee:0.00cGARFIELD COUNTY CO comply with the Division of Wildlife specifications for wildlife -friendly fencing contained in their 11/13/12 referral letter. 8. Engineer -designed foundations are required within this subdivision, along with compliance with requirements for supplemental geo-technical and soils analysis and recommendations of the Yeh and Associates Geotechnical Report (dated August 28, 2009) and the Colorado Geological Survey Referral Comments (dated November 14, 2012) for improvements including road construction. 9. Garfield County Traffic Impact fees shall be paid for development of Lot 1 at the time of filing a building permit application for Lot 1. 10. Subdivision Improvement Plat Note to be prepared by the County Attorney's Office. 13