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Home My WebLink About1.03 Will Serve Letter 03.27.2022St. Finnbar Farm Homeowners Association Mr. Brett Suma, President 24 St. Finnbar Farm Road Carbondale, CO 81623 Brett@loadsmith.com 27 March 2022 Mr. Scott White 12 St. Finnbar Farm Road Carbondale, CO 81623 VIA EMAIL: scottwhite59@me.com Dear Scott: This letter will serve as confirmation regarding the provision of sanitary sewer service to your property located at 12 St. Finnbar Road, Lot 12, St. Finnbar Farm (the "Property"). Pursuant to the attached S by and L+ 7454is between the Ranch of the Roaring Fork Homeowners Association, Inc. (the "Ranch") and St. Finnbar Farm Homeowners Association ("St. Finnbar"), the Ranch has agreed to make certain Equivalent Residential Units ("EQRs") of sewer service available to St. Finnbar. St. Finnbar then allocates and administers the EQRs for development within St. Finnbar. Pursuant to discussions with representatives of the Ranch, it was determined that due to this arrangement and the administration of the EQRs by St. Finnbar, that St. Finnbar should furnish any confirmation of service. St. Finnbar has sufficient EQRs available to serve the single-family residence and Secondary Dwelling Unit (SDU) that will be construction on the Property. You have purchased .5 additional EQRs. Coupled with the standard 2.0 EQRs available to each lot in St. Finnbar, you have 2.5 EQRs available. It is calculated that you will be using 2.0 EQRs in connection with your residence containing four (4) bedroom and 4.5 baths. Following is the calculation of EQR usage based on the Ranch's methodology: • Three (3) bedrooms with 2.5 baths (basis for calculating EQRs by the Ranch) equals 1.0 EQR; • Additional bedrooms and baths add .2 EQR each; • Secondary Dwelling Unit (SDU) equals .4 EQR; • Therefore, 1.0 EQRs (standard) + .2 * 3 (additional bedroom and baths) + .4 (SDU)= 2.0 • .5 EQRs are still available for your use. Please do not hesitate to contact me for additional information regarding the provision of sanitary sewer within St. Finnbar. Sincerely, Brett Suma President St. Finnbar Farm Homeowners Association Attachments: Bargain and Sale Deed and Assignment, dated 29 April 2021, rec. # 955423 Invoice for purchase of additional EQRs, dated 30 March 2021 Cc: Patrick S. Rawley, AICP, ASLA 945448 11 /16/2020 01:06:20 PM Page 1 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $33.00 Doc Fee: $0.00 eRecorded SECOND AMENDMENT TO SEWER SERVICE AGREEMENT (St. Finnbar Property) THIS SECOND AMENDMENT (this "Amendment") is made and entered into of the date of the last signature hereto (the "Effective Date"), by and between the RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION, INC., a Colorado non-profit corporation (the "Ranch Association") and the ST. FINNBAR HOMEOWNERS ASSOCIATION, INC. a Colorado non-profit corporation (the "St. Finnbar Association") (collectively, the "Parties"). RECITALS WHEREAS, the Ranch Association and St. Finnbar Land Company (the "Developer") entered into that certain Sewer Service Agreement dated August 4, 1999 and recorded in the public records of Garfield County, Colorado on August 19, 1999 at Reception No. 550717 (the "Sewer Agreement"), and the First Amendment to the Sewer Service Agreement recorded January 23, 2006 as Reception No. 690968 ("First Amendment") which relates to the provision of sewer service to the property described in Exhibit A to the Sewer Agreement (the "St. Finnbar Property"); WHEREAS, pursuant to paragraph 7 of the Sewer Agreement, the St. Finnbar Association is the Developer's successor -in -interest to the Sewer Agreement; WHEREAS, paragraph 13.c (Time Limits for Purchase and Construction of Taps) of the Sewer Agreement provides that any sewer taps purchased pursuant to the Sewer Agreement "must be connected and put into service by December 31, 2020"; WHEREAS, the Developer purchased 26.5 EQRs (taps) pursuant to the Sewer Agreement and, as of the date of this Amendment, only 7 EQRs (taps) have been connected to the Sewer System by owners of lots of the St. Finnbar Property; WHEREAS, the St. Finnbar Association has requested and the Ranch Association has agreed to extend the date by which any taps previously purchased pursuant the Sewer Agreement must be connected and put into service, in exchange for consideration provided for herein; and WHEREAS, the Parties desire to set forth their agreement regarding such amendment to the Sewer Agreement. NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants herein contained, the Parties agree as follows: 1. Recitals. The foregoing recitals are incorporated herein. 2. Time Limit to Connect Sewer Tans. Paragraph 13.c of the Sewer Agreement is hereby amended to permit any taps previously purchased pursuant to the Sewer Agreement to be connected and put into service as follows and on the following conditions: a. The St. Finnbar Association may extend the time to connect and put into service any unconnected sewer taps until December 31, 2022 by providing the Ranch Association Page 1 of 5 945448 11 /16/2020 01:06:20 PM Page 2 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $33.00 Doc Fee: $0.00 eRecorded written notice of intent to extend the time limit to connect ("Extension Notice") and payment to the Ranch Association of an extension fee equal to $2,500.00 per unconnected sewer EQR tap (the "Extension Fee") on or before December 31, 2020. b. Upon receipt of such Extension Notice and payment of the Extension Fee, the Ranch agrees that the unconnected sewer taps for which the Extension Fee has been paid may be connected and put into service by the extension date of December 31, 2022. c. In the event there are any remaining sewer taps for which the Extension Fee has been paid but have not been connected by December 31, 2022, the St. Finnbar Association may obtain a second extension of time to connect and put into service any remaining unconnected sewer taps until December 31, 2024 by providing a second Extension Notice and payment of a second Extension Fee ($2,500 per unconnected EQR) to the Ranch Association on or before December 31, 2022. d. Beginning January 1, 2025, for all connected sewer taps and then -unconnected sewer taps the for which the right to connect has been extended to December 31, 2024, the St. Finnbar Association shall pay service charges as though such taps are connected pursuant to Paragraph 13.d of the Sewer Agreement. St. Finnbar shall maintain the right to connect and put into service any unconnected sewer taps for so long as the service charges are paid pursuant to the Sewer Agreement. e. Any unconnected taps for which the right to connect to the Sewer System is not extended pursuant to this Amendment shall be extinguished as of the applicable time to connect above and the St. Finnbar Association shall have no right to connect such unextended taps to the Sewer System. The Ranch Association will have no obligation to provide additional taps to the St. Finnbar Association or owners of lots of the St. Finnbar Property except to the extent of then existing unused and uncommitted available capacity and upon purchase of a new sewer tap from the Ranch Association. 3. Notice. Notices under Paragraph 17 of the Sewer Agreement are updated as follows: Notice to Ranch Association: Ranch at Roaring Fork Homeowners' Association, Inc. 14913 State Highway 82 Carbondale, Colorado 81623 With Copy to: Jeffrey J. Conklin Karp Neu Hanlon, P.C. 323 W. Main Street, Suite 301 Aspen, Colorado 81611 (970)945-2261 jjc a,mountainlawfirm.com Notice to St. Finnbar Association: Page 2 of 5 945448 11 /16/2020 01:06:20 PM Page 3 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $33.00 Doc Fee: $0.00 eRecorded 4. Definitions. Except as specifically defined in this Amendment, all capitalized terms shall have that meaning as set forth in the Sewer Agreement. 5. Sewer Agreement, Recordation. This Agreement supersedes all contradictory terms in the Sewer Agreement and First Amendment. All other terms, covenants and conditions under the Sewer Agreement and First Amendment shall remain in full force and effect. This Amendment shall be recorded in the public records of Garfield County, Colorado and shall be deemed to run with the land. 6. Binding Effect. This Amendment shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, personal representatives, successors, and assigns. 7. Severabilily. If any term or provision of this Amendment shall be held to be invalid or unenforceable, the remaining terms and provisions of this Amendment shall continue to exist and shall be valid and enforceable to the fullest extent permitted by law. Authority to Execute. Each party warrants that it has been duly authorized to execute and bind the parry to the terms of this Amendment on the date of such parry's execution 9. Attorney Fees. In any dispute, litigation or legal proceeding between the Parties regarding this Amendment the substantially prevailing parry shall be entitled to recover its costs, expenses and reasonable attorney's fees from non -prevailing party. IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment to Sewer Service Agreement as of the Effective Date. Signature Pages Follow Page 3 of 5 945448 11 /16/2020 01:06:20 PM Page 4 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $33.00 Doc Fee: $0.00 eRecorded RANCH ATAO, ASSOCI 46N, Date: G C f -Z C1' By: As: State of Colorado ) ) ss. County of ON-110 } G FORK HOMEOWNERS The oregoing in u} ent was acknowledged before me this i day of !� , 2020, by CV)-4)U� JT WITNESS my hand and official seal. / V'jdffl&a�' Notary Public F a Bawer Y PUBLIC COLORADO 20134063285 XPIRES DUNE 23, 2024 Page 4 of 5 945448 11 /16/2020 01:0620 PM Page 5 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $33.00 Doc Fee: $0.00 eRecorded Date: State of Colorado ) ss. County of ST. I+INNBAR HOMEOWNERS ASSOCIATION, INC. By: As: The foregoing instrument was acknowledged before me this day of C)QA � , 2020, by a�.• WITNESS my han� official seal. Q' ,oTAR y ntt10 .. .. hi:� � �" r Notary Public 3llzjzz. Page 5 of 5 955423 04/30/2021 12:24:18 PM Page 1 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $23.00 Floc Fee: $0.00 eRecorded BARGAIN AND SALE DEED AND ASSIGNMENT THIS DEED and ASSIGNMENT, made this r) '! day of Mey, 2021, between EL Lawson Wills and Sheila Kennedy Wills, whose address is 1806 Medicine Bow Road, Aspen, CO 81611 ("Grantors"), and The White/Nydahl Family Trust dated June 19, 2001, whose address is 6--L A0 :'E-1� CI AQ L1 AA r , , i c c-("Grantee"). WITNESSETH, that the Grantors, for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have sold, conveyed, granted, bargained and assigned unto the Grantee, and by these presents do sell, convey, grant, bargain, and assign unto the Grantee, its heirs, successors and assigns forever, all the following real and personal property, together with improvements, if any, situate, lying, and being in the County of Garfield, State of Colorado: A. Any and all water and water rights, structures and structure rights, wells and well rights, and well permits, and all other water resources benefitting, used in conjunction with, or otherwise appertaining to the property described on Exhibit A. B. 2.0 Equivalent Residential Units C EQRs") of sewer treatment capacity for domestic use associated with the property described on Exhibit A. TO HAVE AND TO HOLD the same, together with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest and claim whatsoever, of the Grantors, either in law or in equity, to the only proper use, benefit and behoof of the Grantee, its heirs, successors and assigns forever. IN WITNESS WHEREOF, the Grantors have executed this Bargain and Sale Deed and Assignment on the date set forth above. [signatures on, follo wing Pagel rTt 6,1 6,-> t-l:rr 955423 04/30/2021 12:24:18 PM Page 2 of 3 Jean Alberico, Garfield County, Colorado Ree Fee: $23.00 Doc Fee: $0.00 eRecorded H, LAWSON WILLS STATE OF CC�pK in,- ) ss. COLTN'TY OF �_ ) The foregoing instrument was acknowledged before me this day of 2021, by H. Lawson Wills. Witness my hand and official seal. My commission expires: 1 ' -O SHEILA KENNEDY WILLS �} 1 .t STATE OF C0At--Vc-r1 r ) ) SS. COUNT' OF Notary Public F7l4f�VA GERNiAIdy ,I€)TARk PUBLIC STME OF COLORADO NOTARY10 20064012407 Rity Gommisston Expires: Juiy 28, 2023 The foregoing instrument was acknowledged before me thisaf day of 2021 by Sheila Kennedy Wills. Witness my hand and official seal. My commission expires: GERMAI wouay PUBLIC GOi.GRA� ��Y10200644tiz40� i: Ju 2023 ce Notary Public 955423 04/30/2021 12:24:18 PM Page 3 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $23.00 Doc Fee: $0.00 eRecorded EXHIBIT A (Legal Description) LOT 12, ST. FINTNBAR FARM, ACCORDING TO TEE PLAT THEREFOR RECORDED JANUARY 9, 2001 AS RECEPTION NO. 57473 1. COUNTY OF GARFIELD STATE OF COLORADO. Ranch at Roaring Fork Homeowners Association, Inc 14913 Highway 82 Carbondale, CO 81623 �•7 White/Nydal Family Trust c/o John Sittler 229 Midland Avenue Basalt, CO 81621 Invoice Date Invoice # 3/30/2021 24332B Quantity Item Code Description Price Each Amount 0.5 Outside sewer fees Lot 12, St. Finnbar-New Tap Purchase — 0.5 Sewer EQR 15,000.00 7,500.00 Account # Current Invoice Amount $7,500.00 Payments/Credits $0.00 Balance Due $7,500.00