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HomeMy WebLinkAbout3.0 BOCC Staff Report 01.10.2000BOCC Ut0l00 PROJECT INTORMATION AND STAFF COMMENTS REOUEST: APPLICANT: I. Description of the Proposal Review of the Coryell Ranch Site Application for expansion of a lift station Coryell Ranch Company, LLC The applicants are proposing to build the Coryell Ranch Lift Station to meet the Coryell Ranch PUD sewage treatment needs. The lift station will provide access to the sewage lines in the Aspen Glen PUD and ultimately, the Roaring Fork Water and Sanitation District treatment facilities. Coryell Ranch PIID is projected to have population equivalent of 288 people or 72 EQR's. At build out, the lift station is projected to have a loading of 28,800 gpd at average daily flow and72,000 gpd at maximum daily flow. The lift station will be located at the northerly edge of the Coryell Ranch PI-ID, with a 4' force main crossing under the Roaring Fork River and tie into an exiting manhole within the Aspen Glen PUD. The lift station will consist of a wet well/dry well configuration, with two sewage pumps, each producing a flow of 150 gpm. All of the sewage from the Coryell Ranch PUD will be via gravity flow to the lift station. II. Issues and Concerns A. Legal Process: To build a new lift station, an applicant is required to submit an Application for Site Approval for Waste Water Treatment Facilities to the Colorado Department of Public Health and Environment (CDPI{E). The site application is required to be reviewed by the County Board of Health, Board of County Commissioners and Planning Authority. These entities are given three recommendation options; approval, disapproval and no comment. The recommendation is to address the following questions: "Are the proposed facilities consistent with the comprehensive plan and any other plans for the area, including the 201 Facility Plan or 208 Water Quality Management Plan, as they affect water quality?" -1- The recommendations made by local governments are considered by the CDPFIE in their approval or denial of the site application. If the CDPI{E recommends denial of the proposed site application, it can be appealed to the Colorado Water Quality Control Commission. B. Garfield County Comprehensive Plan: The Roaring Fork Water and Sanitation District wastewater treatment facility is located in an area shown as "Existing Subdivision" on the Garfield Cowrty Comprehensive Plan of 1995 - Study Area I, Proposed Land Use Districts Map. This designation is acknowledgment of the approval of the Aspen Glen PUD. The following are some relevant Comprehensive Plan goals, objectives and policies. Water and Sewer Services Goal: To ensure the provision of legal, adequate, dependable, cost effective and environmentally sound sewer and water service for new developments. Obiective 7.5: Garfield County will strongly discourage the unnecessary proliferation of private water and sewer systems. Policy 7.1: All development proposals in rural areas without existing central water andlor sewer systems will be required to show legal, adequate, dependable and environmentally sound water and sewage disposal facilities can be provided before proj ect approval. Policy 7 .2: Where logical, legal and economic extension of service lines from an existing water and/or sewage system can occur, the will require development adjacent to or within a reasonable distance to enter into the appropriate agreement to receive service. The burden of proof regarding logical, legal and economic constraints will be on the developer. Policlz 7.4: Where I.S.D.S. is not feasible, Garfield will require a sewage disposal system approved by the State of Colorado. Comment: The Roaring Fork Water and Sanitation District was designated as a regional sewage treatment service provider when the system was originally approved. The Coryell Ranch property was included in the original service area of the RFWSD and service to the property would be consistent with the Water and Sewer Services goals and policies. Natural Environment Goal: Garfield County will encourage a land use patten which recognizes the environmental sensitivity of the land, does not overburden the physical capacity of the land and is in the best interest of the health, safety and welfare of Garfield County. 1 uI. Obiective 8.4: River-fronts and riparian areas are fragile components of the ecosystem and these areas require careful review in the planning process. Polic), 8.4: The County will require development with river frontage to address the issue through physical design in a way which will protect fragile wetlands and scenic resources and protect flood plains from encroachment. Comment: The entire project is within the boundaries of the Roaring Fork River flood plain. It will be necessary for the applicants to obtain a Flood plain Special Use permit, prior to construction of the new facility. If construction of the facility is very clearly designed to prevent any flooding potential, the application can be found to be consistent with the Natural Environment goal and policies. CONCLUSION The Board of County Commissioners and the Board of Health recommended approval of the proposed site application with the following comment: 1. That a special use permit for the facility be approved for the placement of the facility in the flood plain. -J- (970) 945-1004 FAX (970) 945-5948 ENCINEERS -S,- *M- JVdtvruEtEn - GOBDON MEYEN '118 West 6th, Suite 200 Glenwood Springs, CO 81601 Thursday, December 23, 1999 Garfield County Planning Commission Mark Bean 109 8th Street, Suite 303 Glenwood Springs, CO 80601 RE: Site Application for Coryell Ranch Lift Station Dear Mark: Please find attached a Site Application that we are submitting to the Colorado Department of public Healthand Environment (CDPHE). This is a request for the propor.d sewage lift station for the Coryell RanchSubdivision. The lift station is located on the north side of the Coryell Ranch Subdivision and will pump the wastewaterthrough a force main, crossing under the Roaring Fork River, and tie into the Aspen Glen collection system.From this point it will gravity flow to the regional wastewater treatment facility iwwrn;. The lift station isnecessary because it is impossible to gravity flow due to the change in elevation and the river crossing. It is part of the Site Application process that the Commission reviews and signs its approval on theappropriate page of the Site Application. Please sign on the line item #5, .niitl.d ,,Ci'ty/Counry planning Authority" We thank you in advance for your immediate attention to this application so tt ut *L can submitit to CDPHE as soon as possible. After signing, please return the Site Application to SGM in the enclosedself addressed stamped envelope. If you have any questions, please contact me at(970)94.5-1004. Best Regards, eyer, Inc. Scott Leslie Larry Green Ian Hause h: \work\pro.iec ts\9808 I \l iJi _stat um:.t i tcupp I auer. (bc Pnnted: I 2 23 99 09:29 AM ,lobfl 9808 I C cffifi,o. RECETVED DEC 2 31ggg ,-'; t';; ; :,:'] (l ir"L:i'i rY ,':'. l'l;';t:j-i i-'&:l(,lTi*{ENT u ;-i,:oii,i; -itfu%3:t r*, (970) 945-1004 FAX (970) 945-5948 SCHMUESEE CONDON MEYER 118 West 6th, Suite 200 Glenwood Springs. CO 81601 g) cr,g) (1 j c\., L)tr.!r-r O Lr, ilL)l,!u. oq cO E-8 H Ira l- Lu;kqtr(r#o-u)"i eft Li r-:()obO l3*B;:€z "a: - lrl .*: HJ;'., T.i (9 Engineering Report, Coryell Ranch Coryell Ranch Lift Station Service area dejinition including existing population and population projections, flow/loading projections, and relationship lo other wster and wastehtster treatment plants in lhe ares. The service area being served by the Coryell Ranch Lift Station consists of the proposed Coryell Ranch Subdivision. The Coryell Ranch is zoned residential and will have a projected population of 72 EQR's. or 288 people. The Coryell Ranch property is identified in the Aspen Glen Water & Sanitation District Service Plan as a 'Wastewater Management Study Service Area.' (see attached map) At total build out, loading will be 28,800 g.p.d at average daily flow (ADF), and 72,000 g.p.d at maximum daily flow (MDF). The actual plant loading will be low in the first few years. Proposed effluent limitations as developecl in coordinstion with the Planning and Standurds Section of the Division. The proposed effluent limitations are already established at the Aspen Glen Wastewater Treatment Plant (ACWWTP). These wilI not be affected by the installation of this lift station. Analysis of existing facilities including performance of those facilities. The current AGWWTP has a capacity of 74,620 g.p.d. at average daily flow ( 107.000 g.p.d. at maximum daily flow). Currently, the AGWWTP is in phase one of three phases. When the flows increase to the 80%o triggering capacity for plant expansion, the plant will be expanded as required by the discharge permit. The ultimate capacity for the plant after the third phase is 223,860 g.p.d. at average daily flow (i20,000 g.p.d. at maximum daily flow). The lift station will have an impact of l3oh of the plant's total capacitl,after the third phase is complete. Flood Plain and natural hozurd unolysis The lift station is located on the west bank of the Roaring Fork River. above the high water mark. Therefore it is out of the floodplain. Detsiled description of selected slternatives including legal description of tlrc sile, treatment sy-stem description, design capacilies, and operational stafling needs. The legal description and deed to the Coryell Ranch is enclosed as an attachment. The proposed lift station will consist of a wet well/dry well configuration. There will be two flooded suction sewage pumps equipped with 5 hp motors, each producing a flow of 150 gpm. The sewage willbe delivered via a 4" force main that will cross under the Roaring Fork River, and tie into an existing sewage manhole located in the Aspen Glen Subdivision. The sewer line to the Aspen Glen WWTP is sized accordingly for this specific use. There is also an additional 6" force main that will be installed under the Roaring Fork River to accommodate anv future loads, as well as provide for repetition in the event of the 4" line failing. The 4" and 6" will be valved together on both sides of the river, such that each Iine may be isolated. (See enclosed drawings) The Coryell Ranch Subdivision will gravity flow to the Lift Station, located at the northem edge of the Coryell Ranch property. The lift station is required due to the crossing of the Roaring Fork River. which cannot be crossed with a gravitv flow system. Page I of3 Operational staffing fbr the lift station will be part of the AGWSD responsibility, and the district has resources and staffing available for the additional operation and maintenance of this lift station. Legol arrangements showing control of site for the project life. The Coryell Ranch Lift Station will be under control of the Aspen Glen Water & Sanitation District, as this area will be included in the district. Easements will be dedicated to the district for both the lift station and the force main. Please see the enclosed pre-inclusion agreement. Institutional srrangements suclr us contsct un(Aor covenanl terms for ull users which will be Jinalized to accomplished acceptable waste trealment. All user waste is conveyed to the Aspen Glen Water & Sanitation District Plant. Coryell Ranch is installing the necessary sewage infrastructure so that all lots on Coryell Ranch Subdivision will have sewer service. Management capabilities for controlling tlre wasteh'ater throughoul and treatment within the capucity limitstions of the proposed treatment works, i.e., user conlracts, operuting ugreemerrts, pretreatment requiremenls. Scott Leslie is currentlythe operator in control of the Aspen Glen Water& Sanitation District. He is responsible for the control and maintenance of the entire system. Financial system which ltus been developed to providefor necessqry capital and continued operation, maintenance, and replacement through the lift of the project. This would include, for example, anticipated fee structure. Financial responsibility will be with the Aspen Glen Water & Sanitation District. Coryell Ranch Subdivision will fund the initial construction and start-up. The lift station will be funded through monthly user fees through the AGWSD. Implemenlation plan and schedule including estimated conslruclion time and estimated start-up dale. The construction and implementation are scheduled for the spring of 2000. Estimated start up date will be in the fall of 2000. Page 2 of3 SCHMUESER GORDON MEYER, INC. ,4ltachment List l 2. 1 4. Pre Inclusion Agreement, Aspen Clen Water & Sanitation District Aspen Glen Water & Sanitation District Service Plan Wastewater Management Study, Lower Roaring Fork Planning Area. Westwater Engineering Title Deed & Legal Description, Coryell Ranch Page 3 of3 GORDON MEYER, B) C) LAND TITLE GUARANTEE COMPANY DISCLOSTJRE STATEMENT Required by C.R.S. l0-ll-122 A) The subject real propeny may be located in a special taxing disrict. A Cenificate of Taxes Due listing each taxing jurisdictiou may be obtained ftom the County Treasurer's authorized agent. The informadon regarding special districts and the boundaries of such districs may be obtained from the Board of Counry Commissioners. the County Clerk and Recorder. or the County Assessor. Effective September 1. 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall conrain a top margin of at least one inch and a left, right and bottom margin of at lease one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform. excepr that. the requirement for the top margin shall not apply to documens using forms on which space is provided for recording or filing informarion at the top margin of the document. RECETVEDnic Z 31EgE i "'oli5h? B?HIIY*q!' - ;'tirr Sr' - sulrEJo3-o 81601ul-'-tlr'+ooD $iPHil I I I I I I ! lt 1i li ai ll ll Old Republic Nadonai Title Insurance Company ALTA COMMITMENT Schedule A Our Order No. GW23112E-2 Crst. Ref.: Property Address: t. ) Effective Date:March 30. 1999 at 5:00 P.M. Policy to be Issued, and Proposed Insured: "TBD" Commitment Proposed Insured: TBD 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Sirnple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: 5. The land referred to in this commitment is described as follows: SEE ATTACHED PAGE(S) FOR LECAL DESCRIPTION COMPANY Our Order No' GW23I128-2 TEGAL OESCBIPTIOT[ li APARCELoFLANDSITUATEINLoTs12ANDt3.SECTIoN,2SANDINLoTS 1.2.8.e.10.,.12.13 er.ri^r!.'irciloN 2e-ffiiN ibwNsnrp iiourn' RANGE 88 wESr oF rHE srxrH pmNiipni vrsnrornN. ctiftivbr cARFTEL;:iiiis or coLoRADo' BEING 1,sili:iffi?rl+l*"""'-'str,? T;?r','-",x^'ilr.'L'-yocE FoRrH*lT r/4 coRNER FoR sEcrloN ',r. *rrfti-e rouNo ,111s"ior'i.i. iii+ ry.e,ece roR rHE NoRrHEAsr coRNER ,o* ,o,riiiiioizs ,rollribii Jr,cnees z1 1ij r e DrsrANcE-oF 2677'86 FEEr. wrrH nr-L e;ARrNcs coNrrylpo riJneiN "'*glliteiiieEexEro: THENCE N 00 DEGREES 27, 5r-e-oicii.iclne ensr irlNiliiilin, secn5il'is e orsreNc-E-oF 154'71 FEEr ro rnr rnue porNr oF BEc_rN*i'*E r"on r,e ro19Ii- 6iitniseo-HEREIN: THEN.E ALoNc rsr, NonrH. insr o*o ,gy1*iii.ii riouNro*""o"rTpn-ncrr--o*.!.f*' DES.RIBED As rN BooK el8 Ar riijjlo ro lo, or r#n-iconps o"'i'oi*^Gin couNrY .LERK AND iiL6o*iien rHE FoLLowING 8 CoURSES: 1)N83DEGREES4T,II"wALoNGANEXISTINGFENCELINEADISTANCEoF343.54 FEET: 2)S03DEGREES0S,5T"EALoNGANEXISTINGFENCELINEADISTANCEoF28T.TI FEET; 3)NT6DEGREES59,2I,EALoNGANEXISTINGFENCELINEADISTANCEoFg.T5FEET: 4)S03DEGREES5l,05'wALoNGANEXISTINGFENCELINEADISTANCEoFt30.T3 FEET: 5)S30DEGREES25,s.T.EALoNGANEXISTINGFENCELINEADISTANCEoFT5.33FEET: 6)S39DEGREES4I,I0"EALoNGANEXISTINGFENCELINEADISTANCEoFIg3.S4 FEET: 7) S 3l DEGREES 14, 48" E AL.NG AN E*ISTING FENCE LINE A DISTANCE oF 71.04 FEET: 8)S23DEGREES2t,]5"EALoNcANEXISTINGFEN.C]TLINEADISTANCEoFI3.2TFEET: THENCE s uq oEcneES 33' ,:' , oro,ii,IN eirsrrx-c rii"ce t'NE AND S.UTHERLY BouNDARy or a pencEl oF to*;-ilirCnrsEo ^l ll-i;i;iN soorgze Ar PAGE 1s8 ro rse oF rss nsconDs oF ro,o ooiriil-o Coux,t 91ii-iiiuJnEiol?lR A DrsrANcE oF zsi.6.FEET roTHE END ot 'ot'-i'f& ;NE' '*tsnt"cJiortrur''urNc ALoNG sAlD SourHERLv souNoARy s 7e or-o^*iii ri-i:;-e o''siiiir or rr'o-o FEEr ro rHE CENTERLINE Or rrrE, CRYSTAL_Riffi; irrENCE O'Oi'Jiii Crr..rENr-INE OF SAID CRYSTAL zuVEN THE FOLLOWING 4 COURSES: 1) s l0 DEGREES 4s'00" E A DISTANCE OF 262'02 FEET: 2) s 12 orcntii i0'00" E A DlsrANcE oF 168'00 FEEr: i : ,-1 B',El',',i *: fli if il$tilE',3f1ii.t f,'J',o A porNr oN rHE EAsr L,NE - oF Lor 13 oF sEcrroN 28: ,"r*ti{or-oicnss19o1 ti" w'oioNc-rH'E EAsr LINE oF SAIDLoT13(SAIDEASTLINE,*iioiirN_crrre.o**6*eouNDenv.r-TNgASAGREEDUPoN By uNroN orl coupnNy oF colri6nniin e*o roHoi'rI* ,AR'A.RA M' 'N.BBLE' sAlD AGREEMENT BErNG RECoRDED;N ;ooi e33 Ar t$t'*i1ciai! 953E REcoRDs oF sArD GARFTELD couNry .LERK oNr'*iconDER) A r,rr"i*"ii 6r q.e lr 5pr "ro rHE sourHEAsr coRNER or iero Lor 13: ,.rNir*i'aon' o to*6iuiouxonnl i]IE AGREED uPoN BY uNroN or,- coMpANy oF.orribi.*rioNr r"r.*yir"oi"nrve,nr,nNcH (sArD AGREEMENT BEING RECORDED IN BOOK g,Z ii,;L,-TAS TO", bi.i^"' NT,CONPS OF SAID GARFIELD couNrY cr-inrflND REcoRDt*i itiiolLowlNc 20 couRSES:li lr I I Our Order No. GW231128-2 TEGAL DESCBIPTION l) N 89 DEGREES 04' 09" w ALONG THE SOUTH LINE OF SAID LOT 13 A DISTANCE OF 563.29 FEET TO THE SOUTHWEST CORNER OF SAID LOT 13: 2) S 89 DEGREES 58' 42" W ALONG THE SOUTH LINE OF LOT 19. SECTION 29 A DISTANCE OF 159.34 FEET TO A POINT ON AN EXISTING FENCE LINE: 3) N 70 DEGREES 04' 19',W ALONG AN EXISTING FENCE LINE A DISTANCE OF 409'84 FEETI 4) N 70 DEGREES 07' 10" w ALoNG AN EXISTING FENCE LINE A DISTANCE OF 354'35 FEET: 5) N 69 DEGREES 32', 49^ w ALoNG AN EXISTING FENCE LINE A DISTANCE OF 188'80 FEET: 6) S 28 DEGREES 47', 45" W ALONG AN EXISTING FENCE LINE A DISTANCE OF 306'75 FEET; 7) S 29 DEGREES 02' 13'w ALONG AN EXISTING FENCE LINE A DISTANCE OF 66'15 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 19: 8) S 89 DEGREES 58', 42" W ALONG THE SOUTH LINE OF SAID LOT 19 A DISTANCE OF 295.33 FEET TO A POINT ON AN EXISTING FENCE LINE: 9) N ll DEGREES 04'00'E ALONG AN EXISTING FENCE LINE A DISTANCE OF 309'81 FEET; l0) N 13 DEGREES 46', 33'. W ALONG AN EXISTING FENCE LINE A DISTANCE OF 305'85 FEET: n) N 54 DEGREES Og', 32' W ALONG AN EXISTING FENCE LINE A DISTANCE OF 258'77 FEET; 12) N 66 DEGREES 16' so',W ALONG AN EXISTING FENCE LINE A DISTANCE OF 398'62 FEET: 13) N 45 DEGREES 17' 45" W ALONG AN EXTSTING FENCE LINE A DISTANCE OF 213.59 FEET: 14) N 4s DEGREES 20' 59" W A DISTANCE OF 2r'1.78 FEET TO A POINT ON AN EXISTING FENCE LINE: 15) N 45 DEGREES 04', 44" W ALONG AN EXISTING FENCE LINE A DISTANCE OF 451'97 FEETI 16) N 7l DEGREES 47' ls' W ALONG AN EXISTING FENCE LINE A DISTANCE OF 278.62 FEET: 17) N 44 DEGREES 16' 50" W ALONG AN EXISTING FENCE LINE A DISTANCE OF 273.66 FEET: t8) N 39 DEGREES 08' 00' W ALONG AN EXISTING FENCE LINE A DISTANCE OF 326.72 FEET TO TT IOTi'iT ON THE WEST LINE OF LOT 13 OF SAID SECTION 29: 19) N 00 DEGREES 3r' 38" E ALONG THE WEST LINE OF SAID LOT 13 A DISTANCE OF 3IO.I I FEET TO THE SOUTHWEST CORNER OF LOT 8 OF SAID SECTION 29: 20) N 02 DEGREES 03' 17' E ALONG THE WEST LINE OF SAID LOT 8 A DISTANCE OF 1167 -25 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND AS DESCzuBED IN BOOK 449 AT PAGE 57I OF THE RECORDS OF SAID GARFIELD COUNTY CLERK AND RECORDER: THENCE N 89 DEGREES 30' 03" E ALONG THE SOUTH BOUNDARY LINE OF SAID PARCEL OF LAND A DISTANCE oF 151.19 FEET To THE SOUTHEAST CORNER OF SAID PARCEL OF LANDI THENCE N 30 DEGREES 20' OO' E ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL OF LAND A DISTANCE OF 367.79 FEET TO THE CENTERLINE OF THE ROAzuNG FORK RIVER: THENCE ALONG THE CENTERLINE OF SAID ROARING FORK RIVER THE FOLLOWING 15 COURSES: l) s 22 DEGREES 57' ls" E A DISTANCE OF 214.22 FEET: 2) S 48 DEGREES 00' 46" E A DISTANCE OF 403.61 FEETr I Our Order No. GW23l128-2 LEGAT DESCRIPTION 3) N 70 DEGREES 01' OI" E A DISTANCE OF 292.62 FEET: 4) N 43 DEGREES 09'09" E A DISTANCE OF 219-32 FEET: 5) N 30 DEGREES 15' 23' E A DISTANCE OF 347.31FEET: 6) N 39 DEGREES 33' 35" E A DISTANCE OF 298.33 FEET: 7) N 55 DEGREES 14' 39' E A DISTANCE OF 298.20 FEET: 8) N 73 DEGREES 08' 07" E A DISTANCE OF 265.4t FEET: 9) S 84 DEGREES 57'03" E A DISTANCE OF 249.97 FEET: IO) S 57 DEGREES 59'4I" E A DISTANCE OF 235.85 FEET: l l) s 47 DEGREES 45', 29" E A DISTANCE OF 2s6.33 FEET: 12) s 39 DEGREES 49' 03" E A DISTANCE OF 418.28 FEET: 13) S 29 DEGREES 05' OO' E A DISTANCE OF 293.00 FEET: 14) s 36 DEGREES 34' 00" E A DISTANCE OF 330.00 FEET: 15) s 4l DEGREES 30' 00" E A DISTANCE OF 225.00 FEET TO A POINT ON THE EAST LINE OF SECTION 29: THENCE S OO DEGREES 27' 5I- W ALONG THE EAST LINE OF SAID SECTION 29 A DISTANCE OF 623.64 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO t, n 1 I I I 1 I I I ALTA COMMITMENT (Requirements) The following are the requirements to be complied with: Our Order No. GW231128-2 paymenr to or for tre account of the grantors or mongagors of the full consideration for the estate or interest to be insured. proper insrrument(s) creating the estate or imerest to be insured must be executed and duly filed for record' to-wit: THIS COMMITMENT IS FOR INFORMATION ONLY. AND NO POLICY WILL BE ISSUED PURSUANT HERETO. I l I I I I I I I I I l I I I I I l I ALTA COMMITMENT (Exceptions) Our Order No. GW23l128-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: l. Rights of claims of panies in possession not shown by the public records. 2. Easements. or claims of easements. not shown by the public records. 3. Discrepancies. conflicts in boundary lines, shonage in area. encroachmenrs. and any facts which a correct suwey and inspection of the premises would disclose and which are nor shown by the public records. 4. Any lien. or right to a lien. for services. Iabor or marerial theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects. liens encumbrances. adverse claims or other matrers. if any, created. first appearing in the public records or atBching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the esate or interesr or mongage thereon covered by this Commirnenr. 6. Taxes and assessments not yet due or payable and speciai assessmenrs nor yer cenifiecl to the Treasurer's office. 7. Any unpaid raxes or assessmenrs agairut said land. 8. Liens for unpaid water and sewer charges. if any. 9. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY. FIRE PROTECTION. SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. IO. WATER RIGHTS OR CLAIMS TO WATER RIGHTS. I I. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH I I. 1892. IN BOOK 12 AT PAGE I 16: APRIL 27. l892lN BOOK 12 AT PAGE 140: AND APRIL I t. 1892 IN BOOK 12 AT PAGE I32 12. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH I I. I892. IN BOOK l2 AT PAGE I 16: APRIL 27. 1892lN BOOK l2 AT PAGE 140: AND APRIL II. 1892IN BOOK 12 AT PAGE I32 13. EASEMENT AND RIGHT OF WAY FOR THE SOUTHARD AND CAVANAUGH DITCH AS SET FORTH IN STATEMENT AND MAP RECORDED DECEMBER ]. I89O AS RECEPTION NO. I 1062. I I I I I I I I I I I 1 I I I l I ALTA COMMITMENT (Exceptions)Our Order No. GW23ll28-z The policy or policies to be issued will contain exceptions to the following unless the same arc disposed of to the satisfaction of the Company: 14. EASEMENT AND RIGHT OF WAY FOR THE KAISER AND SIEVERS DITCH AND ANY AND ALL ENLARGEMENTS OR EXTENSIONS THEREOF AS EVIDENCED BY STATEMENTS RECORDED DECEMBER 2. 1885IN BOOK 9 AT PAGE IO9 AND RECORDED DECEMBER 9. 1886IN BOOK 9 AT PAGE 387. AGREEMENT RECORDED AUGUST 25. 1896IN BOOK 39 AT PAGE 268. AND PLAT RECORDED DECEMBER 2. 1885IN BOOK 9 AT PAGE IIO. 15. EASEMENT AND RIGHT OF WAY FOR THE CAVNAUGH.SOUTHARD DITCH AS SET FORTH IN STATEMENT RECORDED MARCH 23. 1885 IN BOOK IO AT PAGE 15. 16. EASEMENT AND RIGHT OF WAY FOR THE CAVNAUGH DITCH AS SET FORTH IN STATEMENT AND MAP RECORDED MARCH 21. 1887 IN BOOK 9 AT PACE 453. 17. EASEMENT AND RIGHT OF WAY AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY IN INSTRUMENT RECORDED FEBRUARY 8. 1936IN BOOK I83 AT PAGE 254. 18. EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS PURPOSES AS GRANTED TO MITCHELL DYER AND LUCILE DYER IN DEED RECORDED JUNE 20. 1949IN BOOK 243 AT PAGE 39I. 19. EASEMENTS AND RIGHTS OF WAY FOR NATURAL GAS TRANSMISSION LINES OF ROCKY MOUNTAIN NATURAL GAS COMPANY. INC.. AS EVIDENCED BY MAP RECORDED MAY 4, 1962IN ROAD BOOK 3 AT PACE 126 AS RECEPTION NO. 217444. 20. SEVEN PERCENT ROYALTY FROM AND OUT OF ALL OF THE OIL. GAS AND OTHER MINERAL PRODUCED AND SAVED FROM SAID LANDS AS RESERVED BY LILLIAN I. CORYELL. PERRY C. CORYELL AND PERRY L. CORYELL IN DEED RECORDED JANUARY 5. 1965 IN BOOK 363 AT PAGE 33. 21. RIGHT OF WAY EASEMENT AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY IN INSTRUMENT RECORDED MAY 8, 1972IN BOOK 430 AT PAGE 322. 22. RIGHT OF WAY EASEMENT AS CRANTED TO GEORGE H. REDDING. JR. AND MARGARET W. REDDING IN INSTRUMENT RECORDED SEPTEMBER 20. 1973IN BOOK 449 AT PAGE 574. ALTA COMMITMENT (Exceptiors) Our Order No. GW23l128-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 23. EASEMENT AND RIGHT OF WAY AS GRANTED TO THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY. COLORADO AS SET FORTH IN INSTRUMENT RECORDED OCTOBER 21. 1983 rN BOOK 637 AT PAGE 678. 21. EASEMENT AS GRANTED TO PERRY L. CORYELL AND LILLIAN I. CORYELL IN INSTRUMENT RECORDED NOVEMBER 1, 1983 IN BOOK 638 AT PAGE226. 25. RIGHT OF WAY EASEMENT AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY IN INSTRUMENT RECORDED SEPTEMBER IO. I99O IN BOOK 788 AT PAGE 626. . 26. ANY QUESTION. DISPUTE OR ADVERSE CLATMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES. OR ALTERATION THROUGH ANY CAUSE. NATURAL OR UNNATURAL. OF THE CENTER THREAD. BANK. CHANNEL OR FLOW OF WATERS IN THE CRYSTAL AND ROARING FORK RIVERS LYING WITHIN SUBJECT LAND: AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD. BED. BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. 27. EASEMENTS AND RIGHTS OF WAY FOR THE CONTINUED UNINTERRUPED FLOW OF WATER IN THE ROARING FORK AND CRYSTAL RIVERS. 28. TERMS. CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 19. 1994IN BOOK 9I2 AT PACE 973. 29. EASEMENTS. RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON THE CORYELL RANCH BOUNDARY SURVEY PREPARED BY CONSTRUCTION SURVEYS. INC.. DATED MAY 2I. 1996. 30. EASEMENTS. RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE SURVEY OF SUBJECT PROPERTY DATED OCTOBER I998 PREPARED BY SCHMUESER. GORDON. MEYER AS JOB NO. 98081. 3I. EXISTING LEASES AND TENANCIES. IF ANY. I I ROARING FORK WATER & SANITATION DISTRICT CORYELL RANCH COMPANY, LLC PRE-INCLUSION AGREEMENT THIS PRE-INCLUSION AGREEMENT is made and entered into this - day of February, 1999 by and between the ROARING FORK WATER & SANITATION DISTRICT (formerly the "Aspen Glen Water & Sanitation District"), a Colorado special district, whose address is9929 Highway 82, Carbondale, Colorado 81623 ("District"), CORYELL RANCH COMPANY, LLC whose address is 400 Main Street, Hilton Head Island, South Carolina 29926 ("Coryell Ranch") and the BOARD OF COLTNTY COMMISSIONERS FOR GARFIELD COUNTY, COLORADO ("County"). WITNESSETH WHEREAS, the District is a special district, formed and functioning under authority of C.R.S. $$ 32-1-101 et. seq. (West Supp. 1998) and the District's "Service Plan" ordered and decreed by the Garfield County District Court in Case No. 94CV29, providing water and sewer service in Garfield County, Colorado; and WHEREAS, Coryell Ranch is the owner and developer of that real property located in Garf,reld County, Colorado, more particularly described in Exhibit A attached hereto and incorporated herein by this reference ("Coryell Ranch Property"), which real property Coryell Ranch desires to have included within the District's boundaries in order to receive sewer service from the District; and WHEREAS, the Coryell Ranch Property has been deemed under the District's Service Plan to constitute, "[r]eal property capable of being served by the facilities of the District..." as that phase is used in C.R.S. $ 32-i-401, for purposes of the inclusion of real property within a special distnct; and WHEREAS, as provided by the OUT-OF-DISTzuCT SEWER SERVICE AGREEMENT ("Out-of-District Contract") executed by the District and the prior owner of the Coryell Ranch Property, the District is obligated to provide sewer service to the Coryell Ranch Property upon the terms and conditions contained in such Out-of-District Contract; and WHEREAS, under the Annexation Policy set forth within the District's Service Plan and the provisions of the Out-of-District Contract Coryell Ranch may, in lieu of receiving District sewer service under the terms of the Out-of-District Contract, petition to have the Coryell Ranch Property included within the boundaries of the District pursuant to C.R.S. $ 32-1-401 et. seq. and F.[cEtvE0 BEe 2 31gsE FffifilfrhBB?Fiil-rq$' \ ffin+'-uo s-H[?#io ari+ WHEREAS, Coryeil Ranch has caused an Application for combined Planned Unit Development and Preliminary Plan approval for the Coryell Ranch PUD to be submitted to Garfieid County. It is presently estimated that at full build-out, the Coryell Ranch PUD will require sewer service from the District in the total amount of 74 EQR's, with one EQR representing 300 gallons per day (gpd) calculated in accordance with the District's Service Plan; and WHEREAS, C.R.S. $ 32-1-401 et. seq. and the District's Service Plan provide requirements and procedures for the annexation and inclusion of properfy into the District, and specifically, C.R.S. S 32-l-402(1)(c) provides that agreements may be entered into, "[b]etween a board and the owners of property sought to be included in a special district with respect to fees, charges, terms and conditions on which such property may be included."; and WHEREAS, C.R.S. $$ 31-1-1001(lxd) and 31-35-402(1X0 authorize the District to require reimbursement of its out-of-pocket costs in providing services to the District's customers, including but not limited to, sewer connections, inclusions to the District and planning and review of line extensions; and WHEREAS, the District and Coryell Ranch desire to set forth the provisions pursuant to which the Coryell Ranch Property will be included within District's boundaries and pursuant to which sewer service will thereafter by provided to the Coryell Ranch Property by the District. NOW THEREFORE, for and in consideration of the mutual covenants and promises of the parties, and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged and confessed, the District and Coryell Ranch, on behalf of themselves, their successors, assigns, heirs, devisees and/or transferees, agree as follows: Section I. Inclusion/ Exclusion of Coryelt Ranch proper{v 1. Inclusion of Coryell Ranch Property within District. No later than two (2) years from the date of the execution of this Agreement, Coryell Ranch shall file with the District pursuant to C.R.S. $ 32-1-401, a petition to have the Coryell Ranch Property included within the boundaries of the District. For the purpose of interpreting this provision, Coryell Ranch and the District agree that the Coryell Ranch Property shall be included within the District pursuant to a single filing with District-- it being the expressed intent of the parties that the Coryell Ranch Property be included within the District in its entirety in a single proceeding, as opposed to multiple proceedings addressed to portions or phases thereof. Upon the District's receipt of such petition for inclusion, the District shall perform all necessary steps required thereunder to include the Coryell Ranch Property within the District, including, but not limited to, the holding of the necessary public meetings as required by statute, and, if the Petition is granted, obtaining an Order Pre-inc lusion Agreement Roaring Fork llater & Sanitation District/Coryell Ranch Company, LLC/Boarcl of Counry Commissioners Page 2 2. of inclusion from the Garfield County District Court and filing and recording said Order with the Garfield County Clerk and Recorder, the Garfield County Assessor and the Division of Local Government. Reimbursement of District Costs. Coryell Ranch shall reimburse the District all actual costs incurred by the Distnct relating to the inclusion of the Coryell Ranch Property within the District including all engineering, legal, inspection, filing or recording fees and related expenses, on receipt of itemized billings for those services from the District. All such amounts shall be due within thirty (30) days of the date of the bill, with interest on any overdue amounts to be assessed at one percent (1%) per month. In the event the District is forced to pursue collection of any amounts due and unpaid under this provision, it shall be entitled to collect attorney fees, filing and lien recording fees incurred in such collection efforts in addition to the unpaid amounts due, plus interest. Provision of Water Service. Under the terms and conditions of the District's Service Plan as presently approved, the District may not provide domestic water service to properties outside its initial boundaries (i.e., the Aspen Glen PUD), either through annexation or contract, without first obtaining approval for a modification of its Service Plan. The District therefore finds that under the terms of its existing Service Plan it is infeasible and impracticable, and contrary to the good of the entire district, to extend the District's water lines and facilities to the Coryell Ranch Property for the purpose of providing domestic water service thereto, or to assume any management or administrative duties or responsibilities relating to the provision of domestic water service to the Coryell Ranch Property. In accordance with the above, and pursuant to C.R.S. $ 32-1-1006 (1)(b)(I), the District hereby designates the Coryell Ranch Property as a sewer-only area of service. The designation of the Coryell Ranch Properfy as a sewer-only area of service shall remain in effect until such time as the District, acting within it jurisdiction and authority as provided by law, finds by resolution that it would be feasible and for the good of the entire District to extend its water lines to the Coryeil Ranch Property for the purpose of providing domestic water service thereto. The parties acknowledge and agree that the District may not make such finding until and unless (i) the Distnct and Coryeil Ranch enter into a separate agreement for the provision of domestic water service to the Coryeil Ranch Property upon terms and conditions acceptable to the District; and (ii) the District obtains the necessary approval of a modification to its Service Plan to allow the extension of water lines to the Coryell Ranch Property and the provision of domestic water service thereto. District Charses. Upon being annexed within the District and pursuant to C.R.S. $ 32-1- 402(1)(c), the Coryell Ranch Property shall be, subject to the following limitations, liable for its proportionate share of the taxes and charges to be assessed by the District: Pre-inclusion Agreement Roaring Fork Ll/ater & Sanitation District/Coryell Ranch Company, LLC/Board of Counry Commissioners Page 3 J. 4. consistent with the District's designation of the Coryell Ranch Property under Paragraph 3. of this Section, and until such time as such designation may be revised, all such taxes, rates, tolls and/or charges assessed against the Coryell Ranch Property shall be determined in accordance with the am.ount of charges and costs incurred by the District relating solely to the provision b'f the District of sewer service to the Coryell Ranch Property; and any and all service billings or charges as the same are defined under the District's Service Plan and Rules and Regulations, shall be charged against the Coryell Ranch Property on a lot by lot basis solely, following the delivery thereto of District sewer service. Nothing in this subparagraph shall be r:onstrued to prohibit the District from assessing stand-by charges to lots within the Coryell Ranch Property so long as the District's sewer lines have been extencled to the Coryell Ranch Property and the District assesses stand-by charges to a.ll property within its boundaries. Exclusion of Coryell Ranch Prooerr.v. In the event Coryell Ranch and/,cr the District are unable to satisfy the conditions set forth within this Agreement and"/or are otherwise unable to satisfactorily perform thereunder, Rose Ranch shall, pursuant to C.R.S. $ 32-1- 501(1), file with the District a petition to have the Coryell Ranch Property excluded from the District. Upon receipt of such petition by Coryell Ranch, the District shall pursuant to C.R.S. $ 32-1-502(4), exclude the Coryell Ranch Properfy from withirr the District and this Agreement shall terminate without further action being required of the parties. The provision thereafter by the District of sanitary sewer service to the Coryell Ranch Proper-ty shall be govemed exclusively under the terms and provisions of the Out-of-Distnct Service Contract incorporated within the Service Plan as Exhibit L. Section II. Acquisition of Treatment Plant Capacity Coryell Ranch has made arrangements to acquire 72 EQR's of Treatm.ent Plant Capacity from excess capacity previously allocated to Aspen Glen Golf Company, under the terms and conditions contained in that certain Agreement to Acquire Plant Capacity of i:ven date herewith between Aspen Glen Golf Company and Coryell Ranch. Under that Agreement, the District shall charge a sewer tap fee of no less than $3,900.00 per EQR to owners of property within Coryell Ranch P[ID. The District shall retain said tap fees in a separate capital improvements account, along rvith tap fees retained by the District under that certain Amendment to Construction and Reimbursement Agreement dated August 17, 1998 between the District, Aspen Glen and Garf,reld County, until such time as the District has received and retained adequate funds from Coryell Ranch and Aspen Glen to completely fund the cost of an expansion of its trea.tment plant in the amount of 107,000 gallons per day. Pre-inclusion Agreement Roaring Fork Water & Sanitation District/Coryell Ranch Companlt, LLC/Board of Counry Commissioners Page 4 A. B. z. Section [II. Connection to District Facilities procedure for Connection to District Facilities. Upon providing written notice to the District and satisffing all required provisions of this Agreement, Coryerll Ranch shall be allowed to connect the Coryell Ranch Property to the District's Treatment Plant and receive wastewater treatment service from the District. Costs. Coryell Ranch shall pay all infrastructure costs for connection to the District's sewer system and Treatment Plant, including, but not limited to, the costs of intemal collection lines, necessary external joint trunk or interceptor lines, outfall lines, lift stations, other appurtenant collection facilities, and its own administrative costs. In the event Coryell Ranch oversizes any lines, lift stations or other facilities in connecting the Coryell Ranch Property to District facilities, it shall be entitled to recoup the oversizing costs from those owners and customers benefitted by such oversizing. For this purpose, Coryell Ranch and the District shall execute an appropriate reimbursetnent agreement incorporating terms no less favorable to Coryell Ranch than the terms contained in the Construction and Reimbursement Agreement executed by the District and Aspen Glen Golf Partners and incorporated within the Service Plan as Exhibit J. Plans and Specifications. All sewer lines and facilities on the Coryell Ranch Property shall be constructed and installed in accordance with the District's Rules and Regulations in effect from time to time and all applicable terms, conditions, restrictions and schedules set forth in the subdivision approvals issued by the County for the Corryell Ranch Property. Upon completion of the final engineering and design plans for the facilities to be constructed on the Coryell Ranch Property, Coryetl Ranch shall forwzrd these plans to the District Engineer, who shall approve or disapprove the plans within thirty (30) days of receipt, and whose approval shall not be unreasonably withheld. In ttLe event the District Engineer disapproves of such plans, he shall provide written notice to Coryell Ranch describing with specificity the reasons for his disapproval and the changes necessary to make the plans and specifications acceptable to the District. In the erent the District and Coryell Ranch are unable to reach agreement on the required plans and specifications, the parties hereby agree to approach the District Board of Directors for re:solution. Upon approval, the District and Coryell Ranch shall execute in duplicate a rlocument clearly specifying the approved plans and specifications to provide both partLes certainty as to the agreed upon plans and specifications. Chanee Orders. To facilitate completion of the facilities on the Coryell Ranch Property in accordance with the rules and regulations of the District, Coryell RarLch, its' contractors and agents may propose reasonable change orders, of which Coryell Ranch shall provide the District with notice and copy of the same. Within three (3) days, or such lesser period as may be required under the circumstances of receiving notice and a. copy of the proposed Pre-inclusion A greement Roaring Fork Lltater & Sanitation District/Coryell Ranch Company, LLC/Board of County Commissioners Page 5 4. 1. 5. 6. change order(s), the Distnct shall either approve the same or propose an alternative(s) which will not result in unreasonable delay. If the District fails to approve the change order or suggest an alternative within three (3) days, Coryell Ranch may proceed with the change. All approved change orders, including any change order deerned approved, shail be incorporated into and become part of the agreed upon plans and specifications. Inspections. The District shall have the right to inspect all facilities and work on the Coryell Ranch Property prior to the dedication of such facilities to ensure compliance with the agreed upon plans and specifications. Coryell Ranch shall reimburse the District for the reasonable actual costs of such inspections. Warranty. Coryell Ranch shall warrant all facilities conveyed to the District for a period of two (2) years from the date that Coryell Ranch's Engineer certifies in writing that the facilities have been constructed and installed in compliance with the agreed upon plans and specifications, and any duly deemed or approved change orders, which date shall also be known as the certification date. Specifically, Coryell Ranch shall rvarrant that any and all facilities conveyed to the District shall be fiee of any defects in maJerials or workmanship for a time period of two (2) years. Dedication of Faciiities: Lien Waivers. Within ten (10) days of the certification date, Coryell Ranch shall dedicate and convey to the District by appropriate instruments of conveyance those portions of the facilities certified by Coryell Ranch's Engineer pursuant to Paragraph 6 of this Section. The District shall accept such dedication within thirty (30) days thereof, and thereafter title to any facilities so dedicated and con'veyed shall be vested in the District. Coryell Ranch shall provide the District with lien waivers fiom all contractors, subcontractors, an material suppliers for work and materials furnished in connection with the facilities conveyed. Conveyance of Easements. Coryell Ranch shall by special warranty rleed convey to the Distnct nonexclusive easements necessary for the Distnct to maintairr, operate, repair, and replace the facilities located on the Coryell Ranch Property and dedicated to the District , free and clear of all liens, encumbrances, and title defects which could defect the District's title, and any title defects which would affect the District's ability to use each easement for its intended purpose. Coryell Ranch shall and hereby does reserve th,: right to use in common with the District any easements it conveys to the District for ingress and egress and for all utility purposes not inconsistent with the District's use. The District shall notify Coryell Ranch of its plan to excavate any easements on the Coryell Ranch Property, and shall make all reasonable efforts to minimize disturbance to the owner(s) and the user(s) thereof. All easements conveyed or established pursuant to this paragraph shall be and hereby are subject to the obligation of the District to repair and revegetate disturbed areas to a condition and grade substantially similar to that which existed before the disturbance. Pre-inclusion Agreement Roaring Fork Ll/ater & Sanitation District/Cory:ell Ranch Company, LLC/Board of Count_v Commissioners Page 6 7. 8. 1. Control of Facilities. Once conveyed to the District, and subject to the warranty provisions of Paragraph 6 of this Section, the District shall be solely responsible for operation, maintenance, repair, and replacement of all facilities located upon the Coryeil Ranch Properfy which are dedicated to the District. The District shall;rt all times operate the district facilities in an economical manner, and shall make repairs and replacements to assure continuous operation. Release of Security. Completion of construction of ail facilities required to be constructed on the Coryell Ranch Properly under this Section shall be secured unde,r the applicable Subdivision Improvements Agreements to be executed by Coryell Ranr:h with the County instant to the final platting of the Coryell Ranch Property. Prior to the release of said security by the County, Coryell Ranch shall provide satisfactory evidence to the County that the dedications and conveyances required under Paragraphs 7 and 8 of this Section have been made to the District. Section IV. Payment of Tap Fees and Common Element Surcharge Transfer of Tap Rights. The right to receive one EQR of sanitary sew€,r service and wastewater treatment capacity from the District's facilities shall be known as a "Tap Right". By virtue of the Amendment to Construction and Reimburserrrent Agreement dated August 17, 1998 Aspen Glen has been allocated 356 EQR's of sewer service, or Tap Rights, which will arise from the Phase II wastewater treatment plant e,xpansion. Pursuant to agreement, Aspen Glen has assigned 72 such Tap fughts to Coryell Ranch and directed that the District shall charge and retain a sewer tap fee of no less than Si3,900.00 per EQR to owners of property within Coryell Ranch PLID, as more particularly provided in Section II hereof. Tao Rights Appurtenant to Coryell Ranch Property. All of the Tap fughts assigned to Coryeil Ranch as provided in Paragraph 1 of this Section, shall be deerned appurtenant to the Coryell Ranch Property and as such, shall not be assigned, transferred or conveved by the District or Coryell Ranch to secure or provide District sanitary sewer service to other properties located outside the Coryell Ranch Property without the prior written consent of the County, the District and Coryell Ranch. Determination of Tap Fees. The Tap Fee to be charged by the District for each Tap Right within Coryeil Ranch shall be equal to the sum of: A. $3,900.00, which will be retained by the District as provided in Section II hereof; plus Pre-inc lusion A greement Roaring Fork Water & Sanitation District/Coryell Ranch Company, LLC/Board of Counry tlommissioners Page 7 2. J. 9. 10. If Coryeil Ranch so elects, an amount to be established from time to time by Coryell Ranch, in its sole discretion, which shall be based upon the actual costs incurred or reasonably estimated to be incurred by Coryell Ranch under Section III of this Agreement, prorated on a per EQR basis, plus interest, which amount may thereafter be reimbursed to Coryell Ranch, quarterly, after actual payment thereof to the District by owners of property within Coryell Ranch. Coryell Ranch shall initially establish this amount prior to the sale of any lots within the Coryell Ranch Property and shall provide notice of the amount thereof to the District; thereafter, Coryetl Ranch shall be entitled to adjust the same no more than one time annually and shall provide written notice of such modified amount to the District no less than rwenty (20) days prior to the date any such change is to be implemented by the District;plus An amount ("Capital Reserve") to be established, retained, and utilized by the District at its sole discretion which shall be: 1. based upon the estimated required future capital repair/replacement costs to be incurred by the District instant to the continued operaLtion of the Treatment Plant and sewer facilities; and 2. applied uniformly against all Tap fughts issued to properties within the District's boundaries or service area, subject to the right of the District to adjust the Capital Reserve element based upon the number or size of lift stations, if any, necessary to serve any particular properly. 4. Payment of Common Element Surcharge The Common Element Surch,arge represents a per EQR charge for the oversizing of facilities previously constructed 'vithin the Treatment Plant and benefitting properties located outside the Aspen Cilen Planned Unit Development. The parties hereby agree that the Common Element Sur;harge which benef,rts the number of tap rights to be acquired by Coryell Ranch under this Agreement is $75,775.00. Coryell Ranch agrees that it shall pay to the Distnct the sum of $75,775.00 in full satisfaction of its obligation to pay the Common Element Surcharge in one (1) payment prior to the date that Coryell Ranch is allorved to make any physicai connection from any of the Coryeil Ranch PUD to the District's wastewater treatment Plant. It is the express intent of the parties that none of the Coryell Ranch PLID shall be entitled to physically connect to the District's facilities or receive wastewater tre.ttment service therefrom until Coryell Ranch pays the District the Common Element Surcharge as provided in this paragraph P re-inc lusion Agreement Roaring Fork LVater & Sanitation District/Coryell Ranch Company, LLC/Board of Counry Commissioners Page 8 B. C. Section V. Conditions to District Service l. District Service Conditions. The Distnct's obligations to provide sewer service to the Coryell Ranch Property shall be expressly conditioned upon the satisfaction of the following: A. inclusion of the Coryell Ranch Property within the District pursuant to the provisions of Section I, Paragraph 1.; and B. receipt by Coryell Ranch of all applicable County subdivision approvals for the lots or properties within the Coryell Ranch Property requesting District sewer service; and C. receipt and retention by the District pursuant to Section II, of lap fees; and D. satisfactory performance by Coryell Ranch of the requirements and conditions to Connection to District Facilities set forth in Section III; and E. Receipt by the District of the Common Element Surcharge as provided in Section IV; and F. receipt by the District of all amounts required to bepaid by Coryell Ranch under this Agreement; and G. Satisfaction by Coryell Ranch of any other term and condition required of it under this Agreement. 2. Obligation to Provide Service. Upon satisfaction of the foregoing conditions, the District shall be obligated to provided sanitary sewer service to the Coryell R:rnch Property as the demand for the same arises for the number of EQR's represented by the Tap Rights assigned to Coryell Ranch under the provisions of Section IV, without further payment to the District of any system improvement fees charged by the District vihich are attributable to Treatment Plant expansion or systems enlargement. Section VI. Dispute Resolution In the event the parties are unable to agree upon any matter addressed within this Agreement, each party shall select an engineer to represent its interests. The selected engineers shall then appoint one engineer, who shall provide a determination upon the matter in dispute. In the event this process of settlement fails, the parties agree to resolve such dispute by arbitration in Pre-inc lusion Agreement Roaring Fork ll/ater & Sanitation District/Conell Ranch Companlt, LLC/Board of Countlt Commissioners Page 9 accordance with the rules and regulations of the American Arbitration Association then in effect. The determination of the arbitrator shall be finai and conclusive and judgmenrt may be entered upon it in accordance with applicable iaw in any court having jurisdiction thereof. Section VII. Compliance with Rules and Regulations/Non-discrimination Upon inclusion of the Coryell Ranch Property within the District and subject only to the terms and provisions of this Agreement, Coryell Ranch and the owners or cuistomers within the Coryell Ranch Property shall be bound by and comply with the District Rules and Regulations applicable to properties within the District as the same may be amended fronr time to time. Section VIII. Audits, Reports and lnspections The District shall maintain the records, accounts, and audits required by statute or which would be kept under normal business practice, and copies of such records shall be provided to Coryell Ranch upon request. Each party shall keep full and accurate records of all Construction Costs and related costs, which shall be made available upon request. The District shall have the right to inspect the facilities located upon the Coryell Ranch Property as prorzided in the District's Rules and Regulations, and Coryell Ranch shall" upon notice to the District,.have the right to inspect the District's wastewater treatment plant. sewer lines, lift stations, and other appurtenant facilities. Section IX. County Obligations The County's duties and obligations under this Agreement are and shall be limited to those duties and obligations set forth in Section II, Section iII, Paragraph i0 and Section IV, Paragraph 2. Section X. General Provisions Termination. This Agreement shall be in full force and effect until terrminated by mutual agreement by the parties hereto, or as provided by law. Good Faith. Because of the need for a regional wastewater treatment facility, the parties agree to proceed in good faith with the irnplementation of this Agreement. The parties further agree to negotiate in good faith for future financing and construction of additional Common Elements, wastewater treatment plant capacity, and any other facilities. Pre-inc lus ion Agreement Roaring Fork Ll/ater & Sanitation District/Conell Ranch Company, LLC/Board of Countt, Commissioners Page l0 1. J. 1T. Service Plan intesration. This Agreement and its Exhibits shall be inr:orporated in the District's Service Plan, as though set forth there verbatim. Compliance with State and Federal Law. This Agreement shall not b,: construed to be in violation with the laws of the United States or the State of Colorado, nor in any manner which adversely affects or diminishes the financing capabilities of the District. Enforcement: Specific Performance. In the event of any material faii.ure by either party hereto to comply with the terms of this Agreement, the other parry shall have standing to bring suit at law or in equity to enforce compliance herewith. It is expressly agreed that any default in the provisions hereof may be specifically enforced. This Agreement shall be construed in accordance with the laws of the State of Colorado, inr:luding the Special District Act, C.R.S. $$ 32-1-101, et. seq. Non-Merger. Each party's obligations under this Agreement shall be assignable to any grantee, purchaser, transferee, or assignee ofthe party's interest, and sirall survive any such conveyance. purchase, transfer, or assignment. Covenants: Recording. The provisions of this Agreement shall constitute covenants running with the lands affected thereby, and upon execution this Agr,:ement shall be recorded in the records of the Garfield County Clerk and Recorder arrd shall thereafter constitute actual notice of the terms and conditions hereof to any and all future users of District services on the Coryell Ranch Property, and all owners, tenants or other persons who occupy units or reside upon the Coryell Ranch Properfy. Attorneys' Fees. Each party shall bear its own attorneys' fees incurrr:d in the negotiation, execution, and implementation of this Agreement. However, in the e'vent arbitration or litigation is necessary to enforce the rights of the parties to this Agrer:ment, as between themselves, the prevailing party in such arbitration or litigation shall be entitled to reasonable attorneys' fees and costs actually incurred. Complete Agreement: Amendment. This Agreement constitutes the entire and complete agreement between the parties, and any modification or amendment hereto shall be evidenced by a writing signed by the parties. Bindine Effect. This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors, grantees, and assigns. Nothing herein shall prevent Coryell Ranch from selling its property and the benefits and obligations of this Agreement shall be appurtenant to the property conveyed. Pre-inc lusion Agreement Roaring Fork Water & Sanitation District/Corvell Ranch Company, LLC/Board of County Commissioners Page I I 5. 6. 7. 8. 9. 10. 1 1. Authority. Each person executing this Agreement represents and warrants that he has been duly authorizedby the party which he purports to represent to execute this Agreement, and has authority to bind said party to the terms and conditions of this Agreement. 12. No Waiver. No provision of this Agreement may be waived except b1, an agreement in writing signed by the waiving party. A waiver of any term or provision shall not be construed as a waiver of any other term or provision. 13. Headings. The paragraph headings in this Agreement shall not be use,C in the construction or interpretation hereof, as they have no substantive effect, and are for convenience only. 14. Severabilitv. If any part or section of this Agreement shall be found void or invalid by a court of competent jurisdiction, such finding shall not affect any remaining part or section, and said remaining parts or sections shall continue in full force and efilect. The parties shall renegotiate in good faith any matter addressed by a part or section that is found void or invalid. 15. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit postage paid in the United States Mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to: Roaring Fork Water and Sanitation District 9929 Highway 82 Carbondale, Colorado 81623 With copy to: Lawrence R. Green Balcomb & Green P.C. P.O. Drawer 790 Glenwood Springs, CO 8i602 Notice to: Coryell Ranch Company, LLC Attn: Donald L. Parris 9929 State Highway 82 Carbondale. CO 81623 Notice to: Garfield County Department of Building and Planning Attn: Mark Bean 109 8'h Street, Suite 303 Glenwood Springs, CO 81601 Pre-inclusion Agreemen t Roaring Fork Water & Sanitation District/Coryell Ranch Company, LLC/Board of Counry Commissioners Page I 2 IN WITNESS WHEREOF, the parties have executed this Agreement in multiple onginals on the day and year first written above. CORYELL RANCH COMPANY, LLC, a Colorado limited liability com'pany By: Coryell Ranch Managem.ent Company, Inc., a South Carolina corpora.tion By: ROARING FORK WATER AND SANITATION DISTzuCT By President ATTEST: By Secretary BO,ARD OF COLNTY COMMISSIONERS, GARFIELD COLINTY. COLOILADO Chairman ATTEST: By Clerk c:twpdocs\Lc\Corycll Rach\Dwummrs\. l0l Pre-inclus ion Agreement Roaring Fork Water & Sanitation District/Co4tell Ranch Company, LLC/Board of Cotmry Commissioners Page I 3 By COLORADO DEPARTMENT OF HEALTH Water Quality Control Division 4300 Cherry Creek Drive South Denver. Colorado 80222-1 530 APPLICATION FOR SITE APPROVAL FOR CONSTRUCTION OR E](PANSION OF: A) DOMESTIC WASTEWATER TREATMENT WORKS (INCLUDING TRE,ATMENT PLANTS, OUTFALL SEWERS, AND LIFT STATIONS) OVER 2,000 GpD CAPACI',TY. B) TNTERCEPTORS (rF REQUTRED By C.R.S. 2s-8:702 (3) ) APPLICANT: CoryellRanchCompany.LLC ADDRESS: 400 Main Street. Hilton Head lsland. South Carolina 29926 Consulting Engineer's Name and Address: Schmueser Gordon Meyer. lnc. I l8 W. 6"' Street Glenwood Sprines. CO 81601 PHONE: (970)945-1004 A. Summarv of information regarding new sewaqe treatment plant : L Proposed Location: (Legal Description) _'1o,%, Section_ Township Range County. 2. Type and capaciry of treatment facility proposed: Processes Used Hydraulic Organic gallday llbs. BODs/day o,/o Domestic__%olndustrialDesign PE 3. Location of facility: Attach a map of the area which includes the following: (a) 5-mile radius: all sewage treatment plants, lift stations, and domestic water supply intakes. (b) l-mile radius: habitable buildings, location of potable water wells, and an approximate indication ofthe topography. 4. Effluent disposal:Surface discharge to water course Subsurface disposal Land Evaporation Other State water qualiry classification of Proposed Effluent Limitations deve receiving watercourse(s) -NA- loped in conjunction with Planning and Standards Section, WQCD: BODi Total Residual Chlorine mg/l SS_mg/l Fecal Coliform_/I00 ml mgll Ammonia_mg/l Other. 5. Will a State or Federal srant be sou ght to finance any portion of this project?- NO 6. Present zoning of site area? Zoning with a l-mile radius of site? 7. What is the distance downstream from the discharge to the nearest domestic water supply intake? (Name of Supply) Present PE (Address of Supply) What is the distance downstream from the discharge to the nearest other poinl. of diversion? (Name of User) -l- WQCD-3 (Revised 8-83) 8. Who has the responsibility for operating the proposed facility? 9. Who owns the land upon which the facility will be constructed? (Please attach copies of the document creating authority in the applicant to construct the proposed facility at this site.) 10. Estimated project cost Who is financially responsible for the construction and operation of the facility? I 1. Names and addresses treatment faciliry site. of alI water and/or sanitation districts 'ilt,in S miles downstream of proposed wastewater (Attach a separate sheet of paper it necessary.) 12. Is the facility in a 100 year flood plain or orher natural hazard area? Ifso, what precautions are being taken? Has the flood plain been designated by the Colorado Water Conservation Board, Department of Natural Resources or (Ag.*Y N.,".) If so, what is that designation? 13. Please include all additional factors that might help the Water Quality Control Division make an informed decision on your application for site approval. B. Information regardinq Iift stations: l. The proposed lift station when fully developed will generate the following additional load; Peak Hydraulic (MGD) 0.072 P.E. to be served 288 2. Is the site located in a 100 year flood plain?NO lfyes, on a separate sheet ofpaper describe the protective measures to be taken. 3. Describe emergency system in case of station and/or power failure. High Level alarm is provided and onsite generator with automatic transfer switch. 4. Name and address of facility providing treatment: Roarins Fork Water & Sanitation District (formerlv the "Aspen Glen Water & Sanitation District") 9929 Hw),. 82. Carbondale. CO 81623 5. The proposed lift station when fully developed will increase the loading of the treatment plant to 27%o % of hydraulic and 27% 7o of organic capaciry and Roarins Fork Water & Sanitation District (Treatment Agency) agrees to treat this wastewater? Yes X No Date Signature and Title -2- WQCD-3 (Revised 8-83) t. 2. C. If the facility will be located on or adjacent to a site that is owned or managed by a Federal or State agency, send the agency a copy ofthis application. D. Recommendationofgovernmentalauthorities: Please address the following issues in i,our recommendation decision. Are the proposed facilities consistent with the comprehensiveplanandanyotherplansforthearea.includingthe20 I FacilityPlanor208WaterQuality Management Plan, as they atlect water quality? lf you have a?[, further commenrs or questions, please call (303) 320-8333, Extension 5272. Recommend Recommend No Dale Apuoyal Disapproyal eolnmcff Sisnature of Repre Management Agency Local Government: Cities or Towns (lf site is inside boundary or within three miles) and Sanitation Districts. 4. 5. 6. 7. State Geologisr (For lift stations, the signature of the State Ceologist is not required. Applications fortreatment plants require all signatures.) I certi$ that I am familiar with the requirements of the -Regulations for Site Applications For Domestic Wastewater Treatment Works," and have posted the site in accordance with the regulations. An engineering report, as described by the regulations, has been prepared and is enclosed. DATE Board of Counw Commissioners Local Health Authority City/Counry P lanning Authoriry Council of Govemments/Regional Planning Signature of Applicant TYPED NAME -3- WQCD-3 (Revised 8-83)