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HomeMy WebLinkAboutApplication-Permit.1.Garfxeld County Building & Sanitation Department 108 8th Street, Suite #201 Glenwood Springs, Co. 81601 Office- 945-8212 Inspection Line- 384-5003 1 °U r 1 (!) Building Permit (93(15' -�D' Co- 104 NO. Cissl Job Address Nature of Work Use of Building U .rte— 1 Owner r11(�. Contractor (C)_Ja rA Qr- C-1c4oA _L/ C(1,f1Nit_ Amount of Permit $ C9 -7 7, Co IPV r c Date 7- 7-06" `0v ,26ricOk_ Clerk LaCt- ‘Lri cluid-QJ L AcAkz, GARFIELD COUNTY BUILDING PERMIT APPLICATION 108 8"' Street. Suite 201, Glenwood Springs, CO 81801 + Phone: 970-945-8212 / Fax: 970-384-3470 / Inspection Line: 9704845003 ( 5 [ 49' '39 533Zoo)ol- Permit No: II Parcel/Schedule Na: 2 Job Address: C� 0 0( T 00 0 3 Six l•5 fit U I I t9 e 2ru7GS f,a( 1 Lot No: Block No: Subd. / Exemption: .- • L- ,7 2 3 5" ohs Ai ,7,4.7 iv eielj is v 0 4-07 "2 le 11N'oga 5c4/4.24.5111 T" (xr1►t�i7tow 00, 2 Owner: I 'Felt It) 1044'445 3 10,bAPi Address /0Z5C. Cal Nty i I 7 Ph: 970-12f /%9/ Wk Ph: 97077tf-771i 3 Contractor: BYC*1", - +fie EN0-ro.,telt .+Ariss QOeIrO pc, Address: 3grO4 erew7,4. mi1I II Ph: Ct...+wecoC _4. cam.5rllrol Lic. No. 3$'52.4 4 Architect/Engineer: Tbrt Tisa, Address: ppm i'21392 $‘4..1,',.Shoi t AI. 35213 Ph: /7n -4/5-47Y2. 7o5 -'ft - /717 Llc. No. ALRBA rug =t- -COW? 5 Sq. Ft. of Building: Fi vi3 N t NRQn , GAC. 5501k7 -2,4A c 3Goo L-2..4.? 7( Sq. Ft. of Lot: M 54/#4 Height: Na. of Floors: 3 ,l reo..0 1 di/S0/ 6 Use of Building: rr• pj F Mrl/ Ne)( SI /Y wrITS - V ) / irr4V1/4 el 7 Describe Work: r F/241” .C. Ce,vie6r,2.,cr,pW fir allialitij 8 Class of Work:New Cl Alteration Remove LJ Addition J Move 9 10 Gage: ❑ Si ofb Dau Carport: ❑ Single ❑ Double a Driveway Permit ,a' On -Site Sewage I, 1/414, 5u T .t,t, Disposal u site Plan ) wcW n Ems( 11 Valuation of Work: $ 3.J1,/ crio sa Adjusted Valuations:424257Z•••• 12 Special Conditions: NOTICE A SEPARATE ELECTRICAL PERMIT IS REQUIRED AND MUST SE ISSUED BY THE STATE OF COLORADO. THIS TS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED I5 NOT COMMENCED WITHLN 180 DAYS. OR IF CONSTRUCTION OR WORK 15 SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT ALL PROVISIONS OF LAWS GOVERNING THIS TYPE OF WORE WILL BE COMPLETED WITHIN WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY ID VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE Ok LOCAL LAW '4 ULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTR ,' ON. Plan Check Fee: f 9 3. m E Permit Fee: /9 �[1 ! Dtal Fee: `�'[/�� 32 g4. 4/ Dated Permit Issued: cup: Const. Type: Zoning: Setbacks: Man . Home: ISDS No. & Fee: /14 a • •.. OF OWNER'�D ,.���1k •D % -;!/f,,`//. !/Jt %' halt'/ 4/�� 'rwOVAL/DATE e .+1":/ i PERMISSION IS HEREBY GRANTED ID THE APPLICANT AS O R AND/OR THE AGENT OF THE CONTRACTOR OR OWNER T'0 CONSTRUCT THE STRUCTURE AS DETAILED ON PLANS AND SPECIE' TIONS SUBMITTED TO AND REVIEWED BY THE BUILDING DEPARTMENT. IN CONSIDERATION OF THE ISSSUANCE OF THIS PE THE SIGNER HEREBY AGREES TO COMPLY WITH ALL BUILDING CODES AND LAND USE REGULATIONS ADOPTED BY GARFIELD COUNTY PURSUANT TO AUTHORITY GIVEN LN 30.28.201 CRS AS AMENDED THE SIGNER FURTHER AGREES THAT IF THE ABOVE SAID ORDINANCES ARE NOT FULLY COMPILED WITH IN THE LCOATION. ERECTION. CONSTRUCTION. AND USE OF THE ABOVE DESCRIBED STRUCTURE. THE PERMIT MAY BE REVOKED BY NOTICE FROM THE COUNTY AND THAT THEN AND THERE CT SHALL BECOME NULL AND VOID THE ISSUANCE OF A PERMT BASED UPON PIANS. SPECIFICATIONS AND OTHER DATA SHALL NOT PREVENT THE BUILDING OFFICIAL FROM THEREAFTER REQUIRING THE CORRECTION OF ERRORS IN SAID PLANS, SPECIFICATIONS AND OTHER DATA OR FROM PREVENTING BUILDING OPERATION BEING CARRIED ON 'THEREUNDER WHEN IN VIOLATION OF THS CODE OR ANY OTHER ORDINANCE OR REGULATION OF THIS JURISDICTION. THE REVIEW OF SUBMITTED PLANS AND SPECIFICATIONS AND INSPECTIONS CONDUCTED THEREAFTER DOES NOT CONSTITUTE AN ACCEPTANCE OF ANY RESPONSIBILITIES OR LIABLITIES BY GARFIELD COUNTY FOR ERRORS. OMISSIONS OR DISCREPENCIES. THE RESPONSI BILITY FORTHESE ITEMS AND IMPLEMENTATION DURING CONSTRUCTION RESTS SPECIFICIALLY WITH THE ARIICTECT• DESIGNER. BUILDER. AND OWNER. COMMENTS ARE INTENDED In RF [CONSERVATIVE AND IN SUPPOR=T OF THE OWNERS LNTEREST. Oat -k m.003 I HE ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE AG IINT'lAl.i. VALUATION/FEE DETERMINATION Applicant ItIRITQ 75i Address 1 (CI G • 5 • Date - Finished (Livable Area.): Main Upper 1i97Z Lower Other Total Square Feet 334/ y 74 Valuation Basement: Unfinished Conversion of Unfinished to Finished Plan Check Fee for Conversion Valuation Garai Crawl Space: Valuation 137 ' IS Valuation Decks/Patios: Covered Valuation Open Valuation Total Valuation 11f1Z4 Subdivision 4� Lot/Block( es& -4041.14617 '1.1A? Contractor u)V1er %!/ o 2&ct, 72? 1E 24), 74,b GARFIELD COUNTY BUILDING AND PLANNING 970-945-8212 MINIMUM APPLICATION REQUIREMENTS FOR CONSTRUCTION OF COMMERCIAL OR MULTI -FAMILY RESIDENTIAL BUILDINGS Including NEW CONSTRUCTION ADDITIONS ALTERATIONS And MOVED BUILDINGS In order to understand the scope of the work intended under a permit application and expedite the issuance of a permit it is important that complete information be provided. When reviewing a plan and it's discovered that required information has not been provided by the applicant, this will result in the delay of the permit issuance and in proceeding with building construction. The owner or contractor shall be required to provide this information before the plan review can proceed. Other plans that are in line for review may be given attention before the new information may be reviewed after it has been provided to the Building Department. Please review this document to determine if you have enough information to design your project and provide adequate information to facilitate a plan review. Also, please consider using a design professional for assistance in your design and a construction professional for construction of your project. Any project with more than ten (10) occupants requires the plans to be sealed by a Colorado Registered Design Professional. To provide for a more understandable plan and in order to determine compliance with the building, plumbing and mechanical codes, applicants are requested to review the following checklist prior to and during design. Plans to be included for a Building Permit must be on draft paper at least 18"x 24"" and drawn to scale. I Plans Must include a floor plan, a concrete footing and foundation plan, elevations all sides with decks, balcony steps, hand rails and guard rails, windows and doors, including the finish grade and original grade line. A section showing in detail, from the bottom of the footing to the top of the roof, including re -bar, anchor bolts, pressure treated plates, floor joists, wall studs and spacing, insulation, sheeting, house -rap, (which is required), siding or any approved building material. Engineered foundations may be required. Check with the Building Department. A window schedule. A door schedule. A floor framing plan, a roofing framing plan, roof must be designed to withstand a 40 pound per square foot up to 7,000 feet in elevation, a 90 M.P.H. windspeed, wind exposure B or C, and a 36 inch frost depth. All sheets need to be identified by number and indexed. All of the above requirements must be met or your plans will be returned. All plans submitted must be incompliance with the 2003 IBC, IPC, IMC and IFGC. Applicants are required to indicate appropriately and to submit completed checklist at time of application for a permit: 1. Is a site plan included that identifies the location of the proposed structure, additions or other buildings, setback easements, and utility easements showing distances to the property lines from each corner of the proposed structure prepared by a licensed surveyor and has the surveyors signature and professional stamp on the drawing? Slopes of 30% or more on properties must be show on site plan. (NOTE: Section 106.2) Any site plan for the placement of any portion of a structure within 50 ft, of a property line and not within a previously surveyed building envelope on a subdivision final plat shall be prepared by a licensed surveyor and have the surveyors signature and professional stamp on the drawing. Any structure to be built within a building envelope of a lot shown on a recorded subdivision plat, shall include a copy of the building envelope as it is shown on the final plat with the proposed structure located within the envelope. Yes �( 2. Does the site plan when applicable include the location of the I.S.D.S. (Individual Sewage Disposal System) and distances to the property lines, wells (on subject property and adjacent properties), streams or water courses? This information must be certified by a licensed surveyor with their signature and professional stamp on the design. Yes No Not necessary for this project 3. Are the plans submitted for application review construction drawings and not drawings that are stamped or marked identifying them as "Not for construction, for permit issuance only", "Approval drawings only", "For permit issuance only" or similar language? Yes y No Not necessary for this project 2 4. Is the I.S.D.S. (Individual Sewage Disposal System) designed, stamped and signed by a Colorado Registered Engineer? suuf s4r ING, Yes No Not necessary for this project Se weft. S. Does the site plan indicate the location and direction of the State, County or private road accessing the property? Yes 6. Do the plans include a foundation plan indicating the size, location and spacing of all reinforcing steel in accordance with the uniform building code or per stamped engineered design? Yes X No Not necessary for this project 7. If the building is a pre-engineered structure, is there a stamped, signed engineered foundatio an for this building? Yes No Not necessary for this project 8. Do the plans indicate the location and size of ventilation openings for under floor crawl spaces and the clearances required between wood and earth? Yes No Not necessary for project X �d C,P- .�.� J pfce 9. Do the plans indicate the size and location of the ventilation openings for the attic, roof joist saes and soffits? Yes X No Not necessary for this project 10. Do the plans include design loads as required under the IBC or IRC for roof snowloads, (a minimum of 40 pounds per square foot in Garfield County)? Yes X( No Not necessary for this project 11. Do thelans include design loads as required for floor loads under the 1BC or IRC? Yes 1( No Not necessary for this project 12. Does the plan include a building section drawing indicating foundation, wall, floor, and roof construction? Yes X No Not necessary for this project 13. Is the wind. speed and exposure design included in the plan? Yes / No Not necessary for this project 14. Does the building section drawing include size and spacing of floor joists, wall studs, ceiling joists, roof rafters or joists or trusses? Yes ) No Not necessary for this project 3 15. Does the building section drawing or other detail include the method of positive connection of all columns and beams? Yes No Not necessary for this project 16. Does the elevation plan indicate the height of the building or proposed addition from the undisturbed grade to the midpoint between the ridge and eave of a gable or shed roof or the top of a flat roof? (Check applicable zone district for building height maximum) Yes X No Not necessary for this project 17. Does the plan include any stove or ro clearance fireplacelanned for installation including make and model and Color o II certifications or Phase II EPA . certification? NOT y e7 Srlec Te,O Wr I/ egoold e Ce f T F. Ti �,e� v,e- Tv iw S t L ern ituv Yes No ✓ Not necessary for this project 18. Does the plan include a masonry fireplace including a fireplace section indicating design to comply with the IBC or IRC? Yes No Not necessary for this project X 114)°r 19. Does the plan include a window schedule or other verification that egress/rescue windows from sleeping rooms and/or basements comply with the requirements of the IBC or IRC? Yes X No Not necessary for this project 20. Does the plan include a window schedule or other verification that windows provide natural light and ventilation for all habitable rooms? Yes y No Not necessary for this project 21. Do the plans indicate the location of glazing subject to human impact such as glass doors, glazing immediately adjacent to such doors; glazing adjacent to any surface normally used as a walking surface; sliding glass doors; fixed glass panels; shower doors and tub enclosures and specify safety glazing for these areas? Yes ✓ No Not necessary for this project 22. Do the plans include a complete design for all mechanical systemslanned for installation in this, ? mt. 6 s Pas' «f. wr4T ri l3A Sf +� )4r101 Yes No Not necessary for this project cup SYC 23. Have all areas in the building been accurately identified for the intended use? (Occupancy as identified in the IBC Chapter 3) Yes X No Not necessary for this project 24. Does the plan indicate the quantity, form, use and storage of any hazardous materials that may be in use in this building? ,� ` Yes No Not necessary for this project ]� 4 25. Is the location of all natural and liquid petroleum gas furnaces, boilers and water heaters indicate on the plan? Yes No Not necessary for this project 26. Do the plans indicate the location and dimension of restroom facilities and if more than four employees and both sexes are employed, facilities for both hexes? Yes No Not necessary for this project_ 27. Do the plans indicate that restrooms and access to the building are handicapped accessible? Yes No Not necessary for this project X 28. Have two (2) complete sets of construction drawings been submitted with the applic tion? Yes X No 29. Have you designed or had this plan designed while considering building and other cons ct'on code requirements? Yes No Not necessary for this project 30. Does the plan accurately indicate what you intend to construct and what will receive a final irlsp5ction by the Garfield County Building Department? Yes No 31. Do your plans comply with all zoning rules and regulations in the County related to your zone district? For corner lots see supplemental section 5.05.03 in the Garfield County Zoning l>esolution for setbacks. Yes ji( No 32. Do you understand that approval for design and/or construction changes are required prior o e implementation of these changes? Yes No 33.,a teoe-4,01 Do you understand that the Building Department will collect a "Plan Review" fee from you at the time of application and that you will be required to pay the "Permit" fee as well as any "Septic System" or "Road Impact" fees required, at the time you pick up your build' permit? Yes No 34. Are you aware that you are required to call for all inspections required under the IBC including approval on a final inspection prior to receiving a Certificate of Occupancy and occupancy of the building? Yes k No 5 35. Are you aware that the Permit Application must be signed by the Owner or a written authority be given for an Agent and that the party responsible for the project must comply with the Uniform Codes? Yes X No 36. Are you aware that you must call in for an inspection by 3:30 the business day before the requested inspection in order to receive it the following business day? Inspections will be made between 7:30 a.m. and 3:30 p.m. Monday through Friday. Inspections are to be called in to 384-5003. rts 37. Are you aware that requesting inspections on work that is not ready or not accessible will rlt in a $50.00 re -inspection fee? Yes A No 38. Are you aware that prior to issuance of a building permit you are required to show proof 1 Gt of a driveway access permit or obtain a statement from the Garfield County Road & Oft Department Bridge Department stating one is not necessary? You can contact the Road & Bridge Department at 625 -8601. -IS OP \ 64 1-0 Sr, aS t tti t ,+t Yes X No 39. Do you understand that you will be required to hire a State of Colorado Licensed Electrician and Plumber to perform installations and hookups? The license number will be required at time of inspection. Yes Y No 40. Are you aware, that on the front of the building permit application you will need to fill in the Parcell Schedule Number for the lot you are applying for this permit on prior to submi 1 f the building permit application? Your attention in this is appreciated. Yes No 41. Do you know that the local fire . 's i 'ct may require you to submit plans for their review of fire safety issues? Yes No (Please check with the building department about this req •rement) 6 ' 42. : Do you understand that if you are planning on doing any excavating or grading to the property prior to issuance of a building permit that you will be required to obtain a grading prrptit? Yes ll(( I hereby acknowledge that I have read, understand, and answered these questions to the best of my ability. Signature Phone: ,70-72-Y—(17 ? (days); '770 -27`f-15 2 (evenings) Project Name: zor 2,6 su,,..l;_5hY• --,T -er•fiOrtc ti Project Address: Note: Date If you answered "No" on any of these questions you may be required to provide this information at the request of the Building Official prior to beginning the plan review process. Delays in issuing the perrnit are to be expected. Work may not proceed without the issuance of the permit. *If you have answered "Not necessary for this project" on any of the questions and it is determined by the Building Official that the information is necessary to review the application and plans to determine minimum compliance with the adopted codes, please expect the following: A. The application may be placed behind more recent applications for building permits in the review process and not reviewed until required information has been provided and the application rotates again to first position for review. B. Delay in issuance of the permit. C. Delay in proceeding with construction. *If you answered "No" to this question the circumstances described in the question could result in a "Stop Work Order" being issued or a "Certificate of Occupancy" not being issued. Bpcomm Feb2005 7 . - GARFIELD COUNTY BUILDING REQUIREMENTS Codes: 2003 IRC, IBC, WGC, IMC, IPC, Setbacks: Check subdivisions and zone district for setback requirements. Snowload: 40PSF up to 7000ft. elevation. 50PSF 7001 to 8000t. 75PSF 8001 to 9000ft. 100PSF 9001 to 10000ft. Seismic design category: B Weathering probability for concrete: Severe Termite infestation probability: None to slight Wind speed: 90mph Decay probability: None to slight Wind Exposure: B or C (see section R301.2.1.4) Frost Depth: 36in. to 8000ft. elevation. 42in. 8001 and above. Winter Design Temperature: Minus 2 to 7000f1; minus 16 over 7000ft. elevation. Air Freezing Index: 2500deg F -days to 7000ft.; over 7000ft. to be determined by Building Official. Ice shield under-Iayment required. ? Mean Annual temp.: Variable Insulation: Maximum glazing U factor: 0.50 Minimum R -Values: • Ceilings/roofs R values are: R-30 stick built structures. R-38 log construction and steel rafter construction. a Walls R values are R -I9 wood frame; R-19 cavity R-3 sheathing steel studs. ■ Floors R -values are R-19. 05131/2005 02:16 6256627 ROAD AND BRIDGE PAGE 01 Liiiii:____ Garfield County Garfield County Road and Bridge Department May 26, 2005 Peter Brigham 10256 County Road 117 Glenwood Springs, CO 81601 Re: Lot 2B Sunlieit Inn Exemption CC: Garfield County Building and Planning Department Dear Mr. Bergen, The driveway that you have in place is in accordance with the Garfield County Road and Bridge Department's specifications for driveways and you do not need a permit for this driveway. If you have any questions or problems, pleue feel free to contact me. Sincerely, Jake Mall Administrative Foreman Garfield County Road and Bridge Department 0567 County Road 352 P.Q. Bou 426 Rifle, CO 81650 Moe: 970425-8601 Fati: 970.6Z5 -U27 To -Garfield county building and planning This letter is to amend the submitted plans for lot 2b of the Sunlight Inn exemption for Peter Brigham. It has been explained to me that the upstairs convenience nook is not allowable and will not be included in the construction, but that we may plan for a wet bar that includes no full size appliances. Also, attached is revision #I showing a one hour fire wall continuous from foundation to the roof sheathing? If any further information is needed please let me know. Peter Brigham A RECEIVED JUN 3 0 2005 GARFIELD COUNTY BUILDING & PLANNING HEPWORTH - PAWLAK GEOTECHNICAL May 18, 2005 Sunlight Creekside Townhomes Attn: Peter Brigham 10256 County Road 117 Glenwood Springs, Colorado 81601 H nworrh-Pawlak Geotechnical, Inc 5020 County Road 154 Glenwood Springs, Colorado 816)1 Phone 970-945-7985 Fax: 970-945.8454 email. hpgeriehrgeorech.ww RECEIVED MAY 2 6 1005 SGM .lob No.105 376 Subject: Subsoil Study for Foundation Design, Proposed Sunlight Creekside Townhomes, Buildings 1 and 2, Lot 2B, Garfield County, Colorado Dear Mr. Brigham: As requested, Hepworth-Pawlak Geotechnical, Inc. performed a subsoil study for design of foundations at the subject site. The study was conducted in accordance with our proposal for geotechnical engineering services to you dated April 25, 2005. The data obtained and our recommendations based on the proposed construction and subsurface conditions encountered are presented in this report. Geologic assessment for the current proposed construction is beyond the scope of this study. A preliminary geologic assessment including the current study area for the adjoining future townhome development will be issued under separate cover. Proposed Construction: The proposed townhomes will be one and two story wood frame structures. Building 1 will be above a crawlspace or slab and Building 2 above a basement. Each building will have 2 or 3 units. The buildings will be located approximately as shown on Figure 1. Cut depths are expected to range between about 3 to 10 feet. Foundation loadings for this type of construction are assumed to be relatively light and typical of the proposed type of construction. If building conditions or foundation loadings are significantly different from those described above, we should be notified to re-evaluate the recommendations presented in this report. Site Conditions: The proposed buildings are located about 25 feet east of an existing residence and on the downhill side of the skier parking lot for Sunlight Mountain Resort. Vegetation consists of grass and weeds with scattered stands of aspen frees and brush. Topography consists of an upper fill bench and relatively flat lower bench separated by a steep fill slope. Wetlands and 4 Mile Creek are located just north and downhill of Building 2. Numerous boulders are exposed in the fill slope and on the natural ground surface. Subsurface Conditions: The subsurface conditions at the site were evaluated by excavating two exploratory pits at the approximate locations shown on Figure 1. The logs of the pits are presented on Figure 2. The subsoils encountered, below about one foot of topsoil, consist of basalt cobbles and boulders with a sandy clay matrix. About Parker 303-841.7119 • Colorado Springs 719-633-5562 • Silverthome 970-468-1989 -2- • 1V2 feet of manplaced fill was observed in Pit 1 overlying the topsoil. Results of swell - consolidation testing performed on a relatively undisturbed sample of the sandy clay matrix, presented on Figure 3, indicate moderate compressibility under conditions of loading and wetting. Results of a gradation analysis performed on a sample of clayey gravel (minus 5 inch fraction) obtained from the site are presented on Figure 4. No free water was observed in the pits at the time of excavation and the soils were slightly moist to moist. Bearing Conditions: The natural gravel and clay soils are adequate for support of shallow foundations. The fill material between the buildings is about 8 feet high and likely extends south to the older fill found in Pit 3. The existing fill material and topsoil should be removed from beneath the building foundation. The bearing level can be extended down or structural fill can be placed to reestablish the design grade. Structural fill should be a road base type material compacted to at least 98% standard Proctor density at a moisture content near optimum. Foundation Recommendations: Considering the subsoil conditions encountered in the exploratory pits and the nature of the proposed construction, we recommend spread footings placed on the undisturbed natural soil or compact structural fill designed for an allowable soil bearing pressure of 1,500 psf for support of the proposed Buildings 1 and 2 townhomes. The matrix soils tend to compress after wetting under load and there could be some post -construction foundation settlement. Footings should be a minimum width of 16 inches for continuous walls and 2 feet for columns. The existing fill, topsoil and loose disturbed soils encountered at the foundation bearing level should be removed down to the natural soils. Voids created by boulder removal should be backfilled with compacted structural fill or concrete. Exterior footings should be provided with adequate cover above their bearing elevations for frost protection. Placement of footings at least 42 inches below the exterior grade is typically used in this area. Continuous foundation walls should be reinforced top and bottom to span local anomalies such as by assuming an unsupported length of at least 12 feet. Foundation walls acting as retaining structures should be designed to resist a lateral earth pressure based on an equivalent fluid unit weight of at least 50 pcf for the on-site soil as backfill, excluding vegetation, topsoil and oversized rock. A sliding coefficient of 0.4 and a passive earth pressure of 350 pcf equivalent fluid unit weight can be used to resist lateral loading on the foundation. Floor Slabs: The natural on-site soils, exclusive of topsoil, are suitable to support lightly loaded slab -on -grade construction. To reduce the effects of some differential movement, floor slabs should be separated from all bearing walls and columns with expansion joints which allow unrestrained vertical movement. Floor slab control joints should be used io reduce damage due to shrinkage cracking. The requirements for joint spacing and slab reinforcement should be established by the designer based on experience and the intended slab use. A minimum 4 inch layer of free -draining gravel should be placed beneath basement level slabs to facilitate drainage. This material should consist of minus 2 inch aggregate with less than 50% passing the No. 4 sieve and less than 2% passing the No. 200 sieve. Job No_ 105 376 -3- • All fill materials for support of floor slabs should be compacted to at least 95% of maximum standard Proctor density at a moisture content near optimum. Required fill can consist of the on-site soils devoid of vegetation, topsoil and oversized rock. Underd rain System: Although free water was not encountered during our exploration, it has been our experience in mountainous areas that local perched groundwater can develop during times of heavy precipitation or seasonal runoff. Frozen ground during spring runoff can create a perched condition. We recommend below -grade construction, such as retaining walls, crawlspace and basement areas, be protected from wetting and hydrostatic pressure buildup by an underdrain system. The drains should consist of drainpipe placed in the bottom of the wall backfill surrounded above the invert level with free -draining granular material. The drain should be placed at each level of excavation and at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1% to a suitable gravity outlet. Free -draining granular material used in the underdrain system should contain less than 2% passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a maximum size of 2 inches. The drain gravel backfill should he at least 1 /2 feet deep. A drainage mat should be placed on basement walls to within 2 feet of final backfill surface that connects to the underdrain gravel. Surface Drainage: The following drainage precautions should be observed during construction and maintained at all times after the towahome buildings have been completed: 1) Inundation of the foundation excavations and underslab areas should be avoided during construction. 2) Exterior backfill should be adjusted to near optimum moisture and compacted to at least 95% of the maximum standard Proctor density in pavement and slab areas and to at least 90% of the maximum standard Proctor density in landscape areas. Free -draining wail backfill should be capped with about 2 feet of the on-site, finer graded soils to reduce surface water infiltration. 3) The ground surface surrounding the exterior of the buildings should be sloped to drain away from the foundation in all directions. We recommend a minimum slope of 12 inches in the first 10 feet i.n unpaved areas and a minimum slope of 3 inches in the first 10 feet in pavement and walkway areas. The site should be graded to properly dispose of parking lot drainage runoff. 4) Roof downspouts and drains should discharge well beyond the limits of all backfill. Limitations: This study has been conducted in accordance with generally accepted geotechnical engineering principles and practices in this area at this time. We make no warranty either express or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory pits excavated at the locations indicated on Figure 1 and to the depths shown on Figure 2, the proposed type of construction, and our experience in the area. Potential geologic hazards that could impact Job No.103 376 Ggraacti -4- • the project site is beyond the scope of our study. Our services do not include determining the presence, prevention or possibility of mold or other biological contaminants (MOBC) developing in the future. lithe client is concerned about MOBC, then a professional in this special field of practice should be consulted. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory pits and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encountered during construction appear different from those described in this report, we should be notified at once so re-evaluation oldie recommendations may be made. This report has been prepared for the exclusive use by our client for design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation and field services during construction to review and monitor the implementation of our recommendations, and to verify that the recommendations have been appropriately interpreted. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on-site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the geotechnical engineer. If you have any questions or if we may be of further assistance, please let us know. Respectfully Submitted, HEPWORTH - PAWLAK GEOTECHNICAL, INC. Louis E. Eller Reviewed by: Steven L. Pawlak, P.E LEE/ksw .c 16222 ,v : r � 4 µEEK LOT 2A EXISTING RESIDENCE L_-_1 L _. '1 8130 — — r ---- --..... 1 / BUILDING 2 • LOT 2B \ i 1 / / / / / BUILDING 1 \ PIT 2 IN ' - 1 / 8100 I I 7 — 8110 FUTURE TOWNHDNE DEVELOPMENT 8120 APPROXIMATE SCALE 1' - 20' EXISTING PARKING LOT (DRIVE TO SUNLIGHT SKI AREA) HEP WORTH —PAWLAIC 1 105 376 I GEOTECHNICAL, INC. LOCATION OF EXPLORATORY PITS Figure 5 0 1-- __._ 10 LEGEND: T NOTES: PIT t ELEV.- 8125' PIT 2 ELEV.= 6112' FILL; organic sandy clay with cobbles, firm, moist. black, roots. TOPSOIL; sandy silt and clay, organic, firm, moist, black. 0 5 10 GRAVEL AND CLAY (GC—CL); basalt cobbles and boulders. sandy, dense/medium stiff, moist, reddish brown. 2" Diameter hand driven liner sample. Disturbed bulk sample. Practical digging refusal with backhoe on boulders. Depth — Feet 1. Exploratory pits were excavated on May 9. 2005 with o Case 580 backhoe. 2. Locations of exploratory pits were measured approximately by pacing from features shown on the site pian provided 3. Elevations of exploratory pits were obtained by Interpolation between contours shown on the site pion provided and checked by instrument level. 4 The exploratory pit locations and elevations should be considered accurate only to the degree implied by the method used. 5, The lines between materials shown on the exploratory pit logs represent the approximate boundaries between material types and transitions may be gradual. 6 No free water was encountered in the pits at the time of excavating. Fluctuation in water level may occur with time. 7. Laboratory Testing Results: WC = Water Content ( X ) DD = Dry Density ( pcf ) t4 — Percent retained on the No. 4 sieve —200 = Percent passing No, 200 sieve LL Liquid Lirnit (X ) PI = Plasticity index ( % ) 105 378 HEPWORTH—PAWLAK GEOTECHNICAL, INC. LOGS OF EXPLORATORY PITS Figure 2 1 w r 0 m 3 E 0 U 4 5 6 0.1 1.0 10 APPUED PRESSURE — ksf 100 411, 105 376 HEP WORTH —PAWLAK GEOTECHNICAL, INC. SWELL—CONSOLIDAT1ON TEST RESULTS Figure 3 Moisture Content F 23.1 percent Dry Density a. 100 pcf Sample of: Sandy Clay From: Pit 1 at 3.5 Feet 1 ..$ No movement upon wetting r 1+ 1 " _=- r 1 L F 0 - • . J 1 1 r 1 , ,_ , r r I 1 0.1 1.0 10 APPUED PRESSURE — ksf 100 411, 105 376 HEP WORTH —PAWLAK GEOTECHNICAL, INC. SWELL—CONSOLIDAT1ON TEST RESULTS Figure 3 I M7, q INICI 7101 A1114.T90 NE WENDS 24 w1. 7 ►1e 0 45 TALL 15 1r1. tow. 1000. 4 I. 1 Tem 10 20 .70 40 4, ee 70 SO PO 100 -001 105 376 iM•Eg r� +=.1 0.•.w •..••WWW •�• MEMI raME+ai•^ rr. mMrlai•MW— .rra r•r� w MNEM mEIM ME•— r•WW•ME 0.•w WWarME.a.WWiME nWWWWw... - ••• —SME.i.Am r�Ww. Mmmr ••MEQ — •�rm�•t• r...+1•=....w �W MEN= !Emil Mi•MM Mme mmmmme mmem MEMM•— W� — rr+mMM .•.•.•w+ r0.• •m.rr •m••.rr WAmW.. •y mEM ==•=11 11 •� +ft== .M=0. •.•AmrI r••I =ME wwME n^• •• 0.r_•= 11•W— •� MEOW •✓AW n.•MEME W. .0.•r +Wi mME� �+WME.• • — — MEM ••••+r�r• • _ •r.••...r.r •i• MEM, +`••^• •—MEQ•-- ! �r emMEME WWi Mimm.i•.•.•Mil MImm u.3. 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Mori. r•••• — mow. ■nom wM-- _ .— + •r•W WWWWWW� •AME-_. • _ •WW— w....•.• — tea• — — __— -.ME_ r• MEW •MEi. �• M • MME .r�r••.rte--- r — W^ E.— Orr --i Mir �� ME..ME+MEQ ^�• •w� •� . �f •ME.� Ww. ••�+_0 • ME.+ m..m,.me.w MEME.••Wr — W W. - r EM •WW imMiimii Mi ^.•WW •moi a•^ Mii ME•i. • P••ia•a. ••W, — r•mr•r rr• •WW •...•�. ME•• aai .006 .00/ .011 .037 .044 .130 -300 Gem 1.18 L31 475 DIAMETER OF PARTICLES IN MILLIMETERS M n0.• a•ar — mm •m MEi Ili — --- •W+ mi ME �. • W+ _ —•— + awWrar Mei. — a WWWaME W Wr++� — m.. dm w WW MN ••• MEna•. r• W.— • .+Am Mi a— ill+•i r ••W ii EME.••�+ —.i.. • ME••. +W^ 11.5115 no 77.5 76..2 1ea 'J07 MAT 1D SLT 1 r t r aim twwwEr Fel( ma 1 COWLES GRAVEL 66 % LIQUID LIMIT 40 % SAMPLE OF: Clayey Grave with Send SAND 13 % SILT AND CLAY 21 % PLASTICITY INDEX 24 X FROM: Pit 2 at 3.5 thru 5 Feet HEPWORTH—PAWLAK GRADATION TEST RESULTS GEOTECHNICAL, INC. SO OD 70 e0 110 40 30 im 10 0 Figure 4 g UF PROPERTY PROFILE Account: R080869 Account Type: Tax Year: 2005 Version: 20050224001 Parcel: 239533200104 Area ID: 008 Mill Levy: 68.130000 APR District: BONNIE Estimated Tax: 650.64 Status: A * This Mill Levy is from the most recent tax roll Nemo and Address Information Legal Description BRIGHAM, WALTER S. SECT,TWN,RNG:33-7-89 DESC: A TR IN SWNW, NWSW. 10256 COUNTY ROAD 117 PRE:R080776 BK:0731 PG:0854 BK:1419 PG:486 GLENWOOD SPGS, CO 81601-4541 RECPT:617140 BK:1039 PG:0767 BK:1039 PG:0766 BK:1039 PG:0769 BK:1039 PG:0770 BK:0969 PG:0309 BK:0900 PG:0174 Property Location GLENWOOD SPRINGS, CO assessment information Actual Assessed Acres Taxable 120,000 0 120,000 9,550 0 9,550 0 0 0.240 9,550 Land == Exempt Total 120,000 0 120,000 9,550 0 9,550 0 0 0.240 9,550 GARFIELD GARFIELD COUNTY Building and Planning May 15, 1995 Peter Brigham 10252 County Road 117 Glenwood Springs, CO 81601 RE: SUBDIVISION EXEMPTION APPROVAL On May 1, 1995, the Board of County Commissioners approved your application for a subdivision exemption, based on the following conditions of approval: 1. All representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lot access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation access or utilities. The plat shall also legally describe the two-family dwelling footprint and note that it is for a two-family dwelling. 3. The applicant shall have 120 days to complete the condition of approval. Extensions of 120 days may be granted by the Board for a period of up to one (1) year. 4. The applicant shall submit $200.00 in School Impact Fees, prior to the signing of an exemption plat. 5. The following plat notes shall appear on the Final Exemption Plat: 1. The two-family dwelling lot will be held in a single ownership until such time that a new plat is approved and filed for either condominiums or townhouses through the applicable subdivisions regulations. 2. Should this property be included in a larger PUD or a Road Improvement District, the dwelling unit owners will be obligated to either pay impact fees or join the district, at that time. 6. Control of noxious weeds is the responsibility of the property owner. 7. All new construction shall be consistent with Colorado State Forest Service wildfire prevention guidelines specified in the pamphlet' Wildfire Protection in Wildland Urban Interface"(C.S.F.S. # 143-691). 109 8th Street, Suite 303 945-8212/625-5571/285-7972 Glenwood Springs, Colorado 81601 If you have any questions, please feel free to give me a call. Sincerely, iatijo. Mark L. Bean, Director Building & Planning Department • // -441/4-41 te/-e-ir 4;44,4— zit‘i ‘1.1‘i ,i7. e • ) )11).et4' t•% XZ L( ( .7414L - .ei 4,214:A/ . Iiht March 21, 1995 Sunlight Bavarian Inn 10252 County Road 117 Glenwood Springs, CO. 81601 Mr. Peter Brigham, By contract the Sunlight Inn has the right to use the Ski Sunlight Wastewater Treatment Facility. The Ski Sunlight Wastewater Treatment Facility is currently at 60% capacity during maximum usage. The facility has sufficient capacity for the proposed duplex on lot 2B of the Sunlight Inn exemption, for residential units. If there are any additional questions please contact me. C:LL c Thomas C. J nkovs y General Manager cc. Leonard Lorentson 10901 FID 117 • GLENWOOD SPRINGS, CO 81601A-I'$19f 945.71191 • TOLL FREE 1-800-445-7931 May 12, 1993 Sunlight Bavarian Inn 10252 County Rd. 117 Glenwood Springs, Co. 81601 Mr. Peter Brigham, light Ski Sunlight Inc. agrees to grant the Sunlight Inn an easement to access two proposed residential units. The approximate easement is shown on the attached map. JCC Thomas C. Jankovsky General Manager cc• Leonard Lorentsan 10901 RD 117 • GLENWOOD SPRINGS, CO 81601 • (303) 945-7491 • TOLL FREE 1.800-445.7931 3-17-95 DEPARTMENT OF EMERGENCY SERVICES Mr. Peter Brigham Sunlight Inn 10252 County Road 117 Glenwood Springs, CO. 81601 Dear Peter, EMS • FIRE • RESCUE In reference to your property on 117 road, wish to advise you that this property is within the boundaries of the Glenwood Springs Rural Fire Protection District and fire protection will continue as it does now. Please be advised that any further development other than the proposed duplex will require that fire protection water supply as well as other related requirements will need to be addressed. If you have any questions, please give ine a call at 945-2575. S • cerel Jack Jones Asst. Chief, Glenwood Springs Dept. Of Emergency Services cc: file 111111 11111ngii�m�uuNiim�iu�iuii�m aP„ WATER USE AGREEMENT THIS WATER USE AGREEMENT is made and effective as of November 28, 2001, by and between SUNLIGHT INN & REALTY LIMITED LIABILITY CO., a Colorado limited liability company ("SIR"), and SUNLIGHT MOUNTAIN'PROPERTIFS, LLC, a Colorado limited liability company ("SMP"). RECITALS A. SIR is the owner of that certain real property located in Garfield County, Colorado, described as Lots 2A, 2B and 2R, Amended Exemption Plat, Sunlight Inn Subdivision Exemption No. 2 recorded in the Garfield County records on March 15, 1995 as Reception No. 475551 (the "SIR Lands"). B. Simultaneously with the execution and delivery hereof, SMP will become the owner of property located in Garfield County, Colorado, described as Lot 1, Sunlight Inn Exemption, according to the Plat recorded April 7, 1988 as Reception No. 390977 (the "SMP Property"). C. Simultaneously with the execution and delivery hereof, SIR will execute and deliver to SMP its quitclaim deed conveying to SMP all of its right, title and interest in and to the Ranch Well (Permit No. 47872-F), as decreed in Case No. W-1216. The Ranch Well is not subject to this Agreement, and upon execution and delivery of said deed, the Ranch Well shall be owned and used by SMP, its successors and assigns, free and clear of any of the terms and conditions of this Agreement. C. Simultaneously with the execution and delivery hereof, SIR will execute and deliver to SMP its quitclaim deed conveying to SMP an undivided interest in and to the Main Well (Permit No. 47865-F), as described in Case No. W-1216. Conveyance of the Main Well is made expressly subject to the terms and conditions of this Water Use Agreement. D. By this Agreement, the parties hereto, as common owners of the Main Well, wish to set forth the terms and conditions upon which they shall have the common right to make use of the Main Well and its related facilities (the "Water System"), and their respective rights and obligations related to the maintenance, operation, repair, replacement and expansion of the Water System. NOW, THEREFORE, in consideration of the mutual performance of the covenants and conditions set forth in this Agreement, the parties hereto agree as follows: 1. Description of Water System. The Water System which is the subject of this Agreement is identified as and shall consist of the following: Water Use Agreement Sunlight Inn & Realty Limited Liability Co./Sunlight N. Page 1 of 5 2 y Z 7 Mountain Propertil WIRM $AICOMB &GREEN ALI • LARRY GREEN 818 COLORADO AVE r*r CIR7[.vv C 1:1115 Thlri t' Q1 gm 47 D 3s 30 151318110121111121/1/tPliti 1111131112111311111119110111 111111111ill1111111111111 11312 P371 h ALSDORF 2of6R30.60D0.01GARFIELDCOUNTY CO a. That certain water well which was drilled and constructed pursuant to Permit No. 47865-F, which is known as the Main Well, as decreed in Case No. W-1216, together with the water and water rights appurtenant to said well; and b. The pump, meter(s), commonly used water lines, and associated facilities which are presently constructed and installed to produce and deliver water from said well to the SIR Lands and the SMP Property. 2. Ownership of Water System. Each of the parties hereto shall own an undivided interest in the Water System as defined herein. The parties shall execute and deliver to the offices of the State and Division Engineer such other and further documents as are necessary to reflect their common ownership of the Water System as herein provided. Each party hereto shall be the sole owner of any water facilities used solely by that party, including individual service lines and storage tanks, if any. 3. Use of Water, As co-owners of the Water System, each of the parties hereto shall have an equivalent priority to make use of water physically produced by the Water System for the following uses and purposes: a. SMP shall be entitled to use water from the Water System to provide domestic water to a hotel/lodge located upon the SMP Property containing twenty (20) guest rooms, a restaurant with fifty (50) seats and a bar/lounge with fifty (50) seats and related lawn irrigation. b. SIR shall be entitled to use water from the Water System to provide domestic water to up to three (3) single family dwellings or to one (1) duplex structure containing two (2) dwelling units and one (1) bed and breakfast structure with no more than five (5) rentable guest bedrooms and living quarters for the proprietor to be Iocated upon the SIR Lands and related lawn irrigation. Provided, however, that all domestic uses shall take precedence over any irrigation use and neither party hereto shall be allowed to make outside use of water if the other party's foregoing domestic uses are not being met. In the event that the Water System produces water in excess of the amount of water necessary to satisfy the foregoing uses, then SIR shall have a first priority in such excess water to provide domestic water to up to twenty-five (25) townhorne/condominium units which may be developed in the future on the SIR Lands. Any water produced by the Water System in excess of that necessary to satisfy all of the foregoing uses shall be shared equally by the parties hereto for use only upon their respective properties. 4. Legal Supply of Water. The parties recognize and agree that there is no augmentation water included within the Water System that is the subject of this Agreement and that it shall be the individual responsibility of each party to obtain and provide a legal supply of Water Use Agreement Sunlight Inn & Realty Limited Liability Co./Sunlight Mountain Properties, LLC Page 2 of 5 . 1 11111111111111111111111111111111111111 Ill 111111111111 383802 13/17/2111 03:41P 11313 P37I ALSDORF 3 of 6 It 30.05 D 0.6 GARFIO.D COUNTY CO water for all uses of water made by that party under this Agreement and to pay all costs associated with obtaining and maintaining such legal supply of water. 5. Cost of Maintaining and Operating the Water System. The Water System presently includes meters which are capable of measuring the amount of water produced by the Water System and the amount of water utilized by each party. Any new uses of the Water System as allowed hereby shall be required to similarly install, at the expense of the party making the new use, a meter capable of measuring the amount of water used by such new use. All costs of maintaining, repairing, and replacing all elements of the Water System, and all costs associated with the ongoing operational costs of the Water System, including, but not necessarily limited to, charges for electricity use, shall be prorated on the basis of gallons of water received by each user. All such expenses shall be paid by the owner of the lands receiving service within twenty (20) days after receiving notice of such cost, and in the event any such owner should fail to pay its allocated share of any such expense within thirty (30) days after presentment of the notice of such cost, interest shall commence to accrue on such unpaid balance in the amount of eighteen percent (18%) per annum. Further, in the event that the owner of property receiving service fails to pay all amounts due, plus interest, within sixty (60) days after initial notice of such cost is given, the owner of any other land receiving service from the Water System, having paid its allocated share of expense, may cause the supply of water to, such non-paying owner to be discontinued until payment is received, and may exercise such other legal and equitable remedies as are available to enforce such payment. 6. Easements. SIR and SMP hereby each grant to the other all necessary easements upon their lands for the purposes of operating, maintaining, repairing, replacing and expanding, all facilities of the Water System. Said easements shall be ten feet (10) in width and extend along and five feet (5') on.either side of all water supply lines extending from the wells to the lands of each party hereto and shall extend in all direction from the center of said wells a distance of twenty feet (20), Each party hereto shall also have an easement for access to the shutoff valve on the water line serving the properties owned by the other party, which easement shall extend to such valves along and five feet (5) on either side of the supply line serving such other lands. 7. Improvements to Water System. In the event that the Water System as presently configured ceases to provide water in a quantity or quality adequate to provide for the uses of the parties as set forth in paragraphs 3(a) and 3(b) hereof, the parties shall consult with each other to determine if an expansion of the existing well, the addition of a water storage facility, or other improvement to the Water System will result in an increase in the amount of water produced and available from the Water System. If the parties agree that the well should be expanded, storage added, or some other capital improvement made to the Water System to increase the production thereof, then the parties shall jointly make such improvement and share in the cost thereof in the same ratio as each party's usage of water over the preceding 18 months bears to the total usage of water from the Water System over that time period. If the parties do not agree on the making of improvements to the Water System, then either party shall have the unilateral right, at its sole expense, to make any improvement it deems appropriate to the Water System; provided, however, that any party making an improvement to the Water System at its Water Use Agreement Sunlight Inn & Realty Limited Liability Co./Sunlight Mountain Properties, LLC Page 3of5 1111111 IIIIIIIIIYIAVIIIIIu11ll1 I�I111IYI sple expense shall have the first priority right to the increased amount of water produced by the Water System as a result of the improvement. 8. Disconnection from Water System. In the event that either party hereto desires to discontinue the use of water from the Water System, such party may disconnect all or any portion of its lands from said Water System, and, upon disconnecting and giving written notice of such disconnection to the other party, shall be relieved from any further obligation to pay the cost of operation and maintenance of the Water System for so much of its property that is no longer receiving service; provided, however, such disconnecting party shall remain fully liable for its share of any maintenance or operation expenses incurred prior to such disconnection, and such disconnecting party shall not thereafter .be allowed to reconnect to the Water System without having first obtained the written consent of the owners of all properties then utilizing the Water System. In the event of the disconnection of any lands from the Water System as provided in this paragraph, the maintenance and operation expenses of the Water System thereafter incurred shall be borne by the owner(s) of the remaining lands receiving service in proportion to the amount of water they receive. 9. Termination of Previous Azreement. The parties hereto acknowledge and agree that they are the owners of all property benefited.and burdened by that certain Water Usage Agreement dated April 19, 1989 which is recorded in the records of Garfield County, Colorado as Reception No. 400863, in Book 752 at Page 529. As such, it is the intention of the parties hereto that the within Agreement shall supersede and replace the said pre-existing Water Usage Agreement and that upon the execution and recording of this Agreement, the pre-existing Water Usage Agreement shall be terminated. 10. Water Use Restriction. Water from the Water System shall be used only for the purposes set forth in this Agreement upon the lands now owned by the parties hereto. Any use of water from the Water System except as herein expressly provided is prohibited, unless otherwise provided in a written agreement executed by all of the owner of all of the within described lands. Notwithstanding any thing in this Agreement to the contrary, the parties hereto understand and agree that SIR may transfer and assign its rights to use water from the Water System to any subsequent owner of any of the SIR Lands identified herein, subject always to the terms and conditions of this Agreement. No owner of any property benefited or burdened by this Agreement shall waste water, and each owner shall exercise prudence and conservation in the use of water produced by the Water System in order to allow for the efficient and beneficial use of the Water System. 11. Miscellaneous. a. Covenants Run with the Land. The Covenants and agreements contained herein shall run with the real property identified in this Agreement, and shall bind the parties hereto, and their heirs, successors and assigns. Any party acquiring title to any of the property benefited and burdened by this Agreement shall take title to such property subject to the terms and conditions of this Agreement. Water Use Agreement Sunlight Inn & Realty Limited Liability Co./Sunlight Mountain Properties, LLC Page 4 of 5 !"!!!YII1''! 9i3s3 P3 AI.SDORF S of 8 R' 30.0D D 0.01; GARFIELD COUNTY CO b. Enforcement. The owner of any of the lands benefited and burdened hereby shall have the right to enforce, by any proceeding at law or in equity, any of the covenants, conditions and promises contained herein. Failure to enforce any such covenant, promise or condition in the first instance shall not be deemed a waiver of the right to enforce subsequent violations of any such covenant, promise or condition of this Agreement. The party prevailing in any action brought to enforce this Agreement shall be entitled to recover of all its court costs incurred in such action, including its reasonable attorney's fees. This Agreement shall be construed and enforced in accordance with Colorado law. c. ,Severability. Each of the promises and covenants contained in this Agreement shall be deemed independent and separate and the invalidation of any one shall not affect the validity and continuing effect of the remaining provisions of this Agreement. d. Amendment and Termination. This Agreement may only be amended by an instrument in writing signed by the owners of all property benefited and burdened hereby. This Agreement shall remain in effect until terminated by a written instrument executed by all of the owners of the real property affected hereby. e. Notices. Any notice required to be made by this Agreement shall be deemed delivered upon being placed in 'the United States mail postage prepaid, and bearing the address of the owner or owners of the affected real property as shown in the records of the Assessor of Garfield County, Colorado. IN WITNESS WHEREOF, the parties have hereto have signed this Agreement effective as of the day and year first written above. SUNLIGHT INN & REALTY LIMITED LIABILITY CO., a Colorado limited liability company By:. Its: / 6 SUNLIGHT MOUNTAIN PROPERTIES, LLC, a Colorado limited liability company By: Its: Water Use Agreement Sunlight Inn & Realty Limited Liability Co./Sunlight Mountain Properties, LLC Page 5of 5 1111 it 111111111111111111111112111131.1141111111111111 2I17f2ee1 S3;41F $OORF r e of 6 R. 30.00 D 0.00 GARFIELD COUNTY CO b. Enforcement. The owner of any of the lands benefited and burdened hereby shall have the right to enforce, by any proceeding at law or in equity, any of the covenants, conditions and promises contained herein. Failure to enforce any such covenant, promise or condition in the first instance shall not be deemed a waiver of the right to enforce subsequent violations of any such covenant, promise or condition of this Agreement. The party prevailing in any action brought to enforce this Agreement shall be entitled to recover of all its court costs incurred in such action, including its reasonable attomey's fees. This Agreement shall be construed and enforced in accordance with Colorado law. c. Severability. Each of the promises and covenants contained in this Agreement shall be deemed independent and separate and the invalidation of any one shall not affect the validity and continuing effect of the remaining provisions of this Agreement. d. Amei dmerft and Termination. This Agreement may only be amended by an instrument in writing signed by the owners of alI property benefited and burdened hereby. This Agreement shall remain in effect until terminated by a written instnunent executed by all of the owners of the real property affected hereby. e. Notices. Any notice required to be made by this Agreement shall be deemed delivered upon being placed in the United States mail postage prepaid, and bearing the address of the owner or owners of the affected real property as shown in the records of the Assessor of Garfield County, Colorado. IN WITNESS WHEREOF, the parties have hereto have signed this Agreement effective as of the day and year first written above. SUNLIGHT INN & REALTY LIMITED LIABILITY CO., a Colorado limited liability company By. ✓ )91 / Its: SUNLIGHT MOUNTAIN PROPERTIES, LLC, a Colorado limited liability company By: Its: aAtAf Water Use Agreement Sunlight Inn do Realty Limited Liability Co./Sunlight Mountain Properties, LLC Page5of5 DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO • Case No. 96CW385 31 17 '9? ® ATE TEflR 8au��I RULING OF REFEREE IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF: SUNLIGHT INN & REALTY L.L.C., a Colorado Limited Liability Company IN GARFIELD COUNTY, COLORADO The above entitled Application was filed on December 31, 1996, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge o said Court, in accordance with Article 91 of Chapter 37, Colorado Revised Statutea 1993, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the Applications are true and having become fully advised with respect to the subiect matter of the Application does hereby make the following determination and Ruling as the Referee in this matter, to -wit: 1. The statements in the Application are true. 2. Timely Statements of Opposition were filed on behalf of Deer Park Properties, William M. Zilm and Charlotte B. Zilm. Both objectors have agreed to entry of this Ruling of Referee by Stipulations in the court file. 3. Name, address and telephone number of Applicant: Sunlight Inn 6 Realty L.L.C., a Colorado Limited Liability Company 10252 County Road 117 Glenwood Springs, CO 81601 c/o Billie G. Burchfield Attorney for Applicant Bot Grand Avenue, Suite 305 Glenwood Springs, CO 81601 (970) 945-8818 4, Applicants request that the following plan for Augmentation and Appropriative Right of Exchange be approved by the Court; Page 2 Division 5 Water Court Case No. !tam - Sunlight Inn PLAN FOR AUGMENTATION A) STRUCTURES TO BB AUGMENTED: Main Well Wei ermit No, Ranch Well Well a Perm NO. 47672-F On March 17, 1973, in Case No. W-1216 the Division 5 Water Court awarded The Main Well 0.11 c.f..s,, absolute, for domestic, firerotection, drinking and sanitary facilities for commercial business and lawn watering with an appropriation date of May 31, 1967. Also in said Case No. W-1216, the Water Court awarded The Ranch Well 0.055 c.f.s., absolute, for domestic, fire protection, drinking and sanitary facilities for commercial business and lawn watering with an appropriation date of May 31, 1940. The Main Well is located in the SWkNWk of Section 33, T. 7 S., R. 89 W., of the 6th P.M., at a point 1175 feet east of the west line and 2245 feet south of the north line of said Section 33. The Ranch Well is located in the SWkNWk of section 33, T. 7 S., R. 89 W. of the 6th P.M., at a point 1245 feet east of the west line and 2295 feet south of the north line of said Section 33. B) STREAM TO BE AUOMENTED: Four Mile Creek, tributary to the Colorado River c) UB!a. Tb Be AUOMMNTED: From October 15 to April 15 of each year the new uses associated with the 3 dwelling units and the 25 condominium (condo) units are expected to be out -of -priority. During said time period, Applicants will augment the depletions associated with said uses. From April 15 through October 15 of each year the structures to be augmented are expected to be out -of -priority. During said time period, Applicants will augment depletions created from the domestic use in an inn consisting of twenty (20) rooms, a restaurant with 50 seats and a bar/lounge with 50 seats. Also to be augmented are the depletions created from the domestic in-house use only in a duplex, a single family dwelling and 25 town home/condos. All water usage will be treated in a central waste water facility in which applicant's engineer has determined will result In a twenty percent (20%) depletion to Four Mile Creek. • •I Page. 3 Division 5 Water Court Case No. 96CW385 - Sunlight Inn M j'Q _ i rrf a_ tion ji is being augmented tinder this 21.12n. Vheji AnOlir ht's decreed water rights for Airrigation ere not in p3J.ority, irjgatjga useFw j1 be curtailed. Monthly depletions in Acre Peet are expected as follows: TABLE 1 (A) 20 Rooms 1 Inn an Feb Mar Apr 1-15 Apr 15 - 0.037 May 0.075 June 0.075 July 0.075 August 0.075 September 0.075 Oct 1-15 0.037 Oct 15-31 Nov Dec Total 0.449 0.168 0.057 (B) 50 Seats 9 Cafe 0,014 0.028 0.028 0.028 0.028 0.028 0.014 (C) (D) (E) 50 Seats 3 Dwell 25 Lounge, Units Condos 0.006 0.009 0.009 0.009 0.009 0.009 0.006 Annual Total 2.318 Acre Feet Based on two persons/room using 100 gallons/person/day Based on 10 gallens/day meal/seat for 3 meals/day Based on 10 gallons/seat/day Based on 3.5 persons/unit using 100 gallons/person/day Based an 2.5 persons/condo using 100 gallons/person/day C 0.020 0.117 0.020 0.117 0.020 0.117 0.010 0.059 0.010 0.058 0.020 0.117 0.020 0.117 0.020 0.117 0.020 0.117 0.020 0,117 0.010 0.058 0.010 0.059 0.020 0,117 0.020 0.117 0.240 1.404 D) SOURCE OF AUGMENTATION WATER Applicant has purchased 2.318 acre feet of water from Flannery Reservoir es decreed in Case No. 89CW259 and Flannery Ditch, Four Mile Creek Extension as decreed in Case No. 89CW258. At such times of each year that the structures a d uses to be augmented are otherwise -out -of -priority, monthly releases will be made into Four Mile Creek from the augmentation source, as shown in Table I above, as measured in Slack Diamond Mine Creek near its mouth with Four Mile Creek. All of the provisions, conditions of approval and stipulations in Case No. 92CW302 shall apply. {t„ ., Page 4 Division 5 Water Court Case No. 96CW385 - Sunlight Inn APPROPRIATIVE RIGHT OF EXCHANGE Pursuant to C.R.S. 37-80-120(4), Applicant requests that the above described Plan for Augmentation be given an appropriative right of exchange date of December 31, 1995, which is the date Applicant's predecessor in interest purchased said augmentation water. The aforedescribed appropriative right of exchange shall take its place in the priority system as of the date of December 31, 1995. The Referee, having examined the information submitted by the Applicant, and having completed the investigations necessary to make a determination in this matter, dose therefore conclude that the claims in the above entitled Application should be granted as shown above, SUBJECT, HOWEVER TO ALL EARLIER PRIORITY RIGHTS .OF OTHERS and to the integration and tabulation by the Division Engineer of such priorities in accordance with law. The Plan for Augmentation requested will not injuriously affect the owners of or person entitled to use water under a vested water right or a decreed conditional water right, and the plan for augmentation should be approved in accordance with C.R.S. 37-92- 305(3). Pursuant to C.R.B', 37-92-305(8), The State Engineer and the Division Engineer may lawfully be required under the terms of this Ruling to curtail out -of -priority diversions from Applicant's well at any time when the consumptive use associated with Applicant's diversions exceed the net amount of replacement water available under this; pian for augmentation. Applicants shall develop a monthly accounting form satisfactory to the Division Engineer and shall keep a monthly accounting of diversions and depletions as required by the Division Engineer. Apo1icant shall lnitali meaaurinc devipss. and shall provide account ng And supply calculations regarding the timing of depietzons•, tS may De required ay the Dlvi,sion rngiheer ny may let or each year, suminarizing diversions and replacements made under this plan. In consideration of the sReci f is findings and conclusions made herein an in conA rmance with C.R,S.4 37-92-30401J1990), as amended, $6, approva/1 of the Calan for auamentation'd•ecreed herein shall be subject to reconsideration by the Wat4r Judge on the question of iniury to the vested water rights of others for a period of three veep! following the date of th/s decree. It is accordingly ORDERED that this Ruling shall be filed with the Water clerk subject to Judicial review, • RECEIVED 'Page 5 Division 5 Water Court Case No. 96CW385 - Sunlight Ian Ji 22 '97 WAT5qEENOIN RE3O4J BTAT r36LPIWOOD tt is 'further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engines• Dated 14 cc7 Copy of the f Counsel of ;?Morose.* iv. State Engine nal Nd to all Mar nd ,, ,ywawW MMS fte44' Water Retiree Water Division No. 5 State of Colorado No protest was filed in this matter, and accordingly the foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court; provided however, that the approval of this Plan for Augmentation shall 'be. subject to reconsideration by the Water Judge on the question of injury to the vested rights of -others during any hearing commencing in the three calendar years succeeding the year in which this decision is rendered. Dated Copy of the fomgoppOp mid to all Counsel of recon Wetej Referee, ---Div. Es& Sts nolneer-Date Dein CIA w.r Wath Jdge { Git05S e k0 o-13 Z < 3799 HIGHWAY 82 • PO BOX 2150 • GLENWOOD SPRINGS, COLORADO 81602 • r (970) 945-5491 • FAX (970) 945-4081 0 O do>4,3 b� � SSO April 28, 2005 Mr. Peter Brigham 10256 County Road 117 Glenwood Springs, CO 81601 RE: Lot 26 Sunlight Inn Exclusion Dear Peter: The above mentioned development is within the certificated service area of Holy Cross Energy. Holy Cross Energy has existing power facilities located on or near the above mentioned project. These existing facilities have adequate capacity to provide electric power to the development, subject to the tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Energy upon completion of appropriate contractual agreements and subject to necessary governmental approvals. Please advise when you wish to proceed with the development of the electric system for this project. Sincerely, HOLY CROSS ENERGY Allen Goad, Engineering Department AG:vw Goad\Bngham A Touchstone Energy' Gouperattve ?E• A • PLAN REVIEW CHECKLIST Applicant 444 91/444 Building C— ineered Foundation Driveway Permit L./4 eyed Site Plan A Septic Permit and Setbacks ✓Gr de/Topography 30% Attach Residential Plan Review List t/ M' imum Application Questionnaire dd Subdivision Plat Notes 7/411" Fire Department Revie Valuation Determinatio DateG• Sic scrou- d Line Plans/Stamps/Stickerinry ttach Conditions Application Signed Plan Reviewer To Sign Application Parcel/Schedule No. 40# Snowload Letter- Manf. Hms. GENERAL NOTES: 3ir-`f Planning/Zoning Property Line Setbacks 30ft Stream Setb. k Flood Plain Building He' _ht Zoning Si; -off Road act Fees HO • ►e RC Approval Grad /Topography 40% P1 ning Issues S .division Plat Notes � No Job OD t 5 Assessor's Parcel No 3 5 3-Dd -10 I gi/ar- UILDING PERMIT CARD Owner Contractor Date 'i 7 Q5 a. Address es fI'7 61(..-5 Phone Setbacks: Front Address Phone # Rear , , RH LH Zoning INSPECTIONS Soils Test Footing Foundation Grout Underground Plumbing $ -3-c5A— Rough Plumbing /( Framing // Insulation Roofing Drywall Gas Piping ) H No. Job A s Ownery i t Contractor eei_ 07451/4 that: LDING PERMIT CARD NOTES Weatherproofing Mechanical Electrical Rough (State) Electrical Final (State) Finals`ObTifiChecklis Completed? Certificate Occu ancy #i l" Date" oer- dco Septic System # Date Final Other (continue on back) Assessor's Parcel No.'-a3CIS'- ' CC" (C - Date -1-7 Setbacks: Front Soils Test Footing Foundation Grout Underground Plumbing -3 Rough Plumbing /1,a -c) Framing(--(5fI Insulation I/ d7-ccr Roofing / Drywall /Z -I '-�,�1" Gas Piping i Address iLX,Ca r f'-Ohone # ' 9/19\ Address Phone #Q-P-1---15.Qe RH LH Zoning INSPECTIONS Weatherproofing Mechanical Electrical Rough (State) Electrical Final (S ate) Fina r pfd heckli Certificate Occupancy # Date leted' 0 Septic System # Date Final Other NOTES (continue on back) INSPECTION WILL NOT BE MADE UNLESS THIS CARD IS POSTED ON THE JOB 24 HOURS NOTICE REQUIRED FOR INSPECTIONS HOURS NOTICE REQUIRED FOR INSPECTIONS BUILDING PERMIT GARFIELD COUNTY, COLORADO Date Issued 7/O'.....Zoned Area Permit No —1 SI AGREEMENT In consideration of the issuasre of this permit, the applicant hereby agrees to comply with all laws and regulations related to the zoning, location; construction and erection of the proposed structure for which this permit is granted, and further agrees that if the above said regulations are not fully complied with in the zoning, location, erection and construction of the above described structure, the permit may then be revoked by notice from the County Building Inst= and IMMEDIATELY BECOME NULL AND VOID. t Use Address or Owner eir Sigmas nntiooID A-pa:fey:4 t Side Contractor Side Rear This Card Meat Be Posted So It u Plainly Visible From The Street Until Final Inspection. INSPECTION RECORD Footing 7-1 (1-615 Driveway Foundation 7_ZZ~06YId Underground Plumbing g -3-c, Insulation Rough Plumbing U i g_t Drywall /2 _o s- 5-1-4Z--- -Chimney Chimney& Vent Electric Final (by State Ina or 14 4 Gas Piping II -1 is -off Final -z y -o Electric Rough (By State Inspector)4 Septic Final Framing ! /..-/ g (To include Roof in place an Windows and Doors installed). Notes: 124 � S 3 -p is ALL LISTED ITEMS MUST BE INSPECTED WHETHER INTERIOR OR EXTERIOR, AND APPROVED BEFORE COVERING - UNDERGROUND OR ABOVE GROUND. i THIS PERMIT IS NOT TRANSFERABLE For Inspections Call 384-5003 108 8th Street Glenwood Springs, Colorado APPROVEDDO NOT DESTROY THIS CARD Date 5 By IF PLACED OUTSIDE - C VER WITH CLEAR PLASTIC a 5. INSPECTION WILL NOT BE MADE UNLESS THIS CARD IS POSTED ON THE JOB 24 HOURS NOTICE REQUIRED FOR INSPECTIONS • BUILDING PERMIT GARFIELD COUNTY, COLORADO Date Issued/7/0� Zoned Area Permit No ci...�.. za AGREEMENT In consideration of the issuance of this permit, the applicant hereby agrees to comply with all laws and regulations related to the zoning, location; construction and erection of the proposed structure for which this permit is granted, and further agrees that if the above said regulations are not fully complied with in the zoning, location, erection and construction of the above described structure, the permit may then be revoked by notice from the County Building Inspector and IMMEDIATELY BECOME NULL AND VOID. �1 Use~t Address or Legal ription % 4Iry l.,I�G,�,g �,I Owner flk� Contractor ct n,�,�r�`' Setbacks Front Side Side Rear This Card Must Be Posted So It is Plainly Visible From The Street Until Final Inspection. INSPECTION RECORD Footing - w+>i/.. Driveway Foundation _ _0. j,., Underground Plumbing $'-3 -p j' Insulation /2- 'j- allilligin R. Er, ' r,-ii8'-.ij - .milDrywall Chimney & Vent c� Electric Final (by State Ins • or ± �' Aill Gas Piping _ !s- - Ur1 AMEN Final _ z 1_06, / -_ ," AMMO �` Electric Rough (By State lnsPector)�rfL�`I�� Septic Final Framing ) --r -o 4 of (To include Roans place and indowsP and Doors installed). Notes: 7 -3 _ p ALL LISTED ITEMS MUST BE INSPECTED WAETHER INTERIOR OR EXTERIOR, AND APPROVED BEFORE COVERING - UNDERGROUND OR ABOVE GROUND. THIS PERMIT IS NOT TRANSFERABLE For Inspections Call 384-5003 108 8th Street Glenwood Springs, Colorado DO NOT DESTROY THIS CARD APPROVED ns+.7/1/A ...ANAL..