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HomeMy WebLinkAbout1.0 Application(970) 945-1004 FAX (970) 945-5948 SGit SCHMUESER GORDON MEYER ENGINEERS SURVEYORS 118 West 6th, Suite 200 Glenwood Springs, CO 81601 July 1, 1996 Mr. Dwain Watson Colorado Department of Health 222 South 6th Avenue, Room 232 Grand Junction, CO 81501 Colorado Geological Survey Attn: Mr. Pat Rogers, Chief of Environmental Geology 1313 Sherman Street Denver, CO 80203 Mr. Mark Bean, Planning Director Garfield County Building, Sanitation & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Submittal of Site Application Spring Valley Sanitation District, Garfield County Gentlemen: GAFF WELD COUNTY Please find enclosed herein an Application for Site Approval for the Spring Valley Sanitation District Wastewater Treatment Facility Expansion. This application is being sent to you jointly as the referral agencies for the Site Application. It is our understanding that the NWCCOG is no longer a referral agency. In order to expedite the review, I am asking both Garfield County and the Geological Survey to concurrently review this plan and to forward their signature page with approval signature directly to me. Once I have those signature pages, I will then forward them on to Mr. Watson for final review by State Health Department. Please inform me of any scheduled hearings before commissions or boards that will consider this application. I believe that the application and its attachments are self-explanatory. I would point out, however, that this facility does need to be expanded in order to service a Residence Hall expansion which is currently being undertaken by Colorado Community College and scheduled for occupancy in August, 1997. July 1, 1996 Memo to Messrs. Watson, Rogers and Bean Page 2 • Please feel free to call me directly with any questions or comments, or to contact the Chairman of the Sanitation District, Mr. Greg Boecker, at 970-945-6399. On behalf of the Board of Directors of the Sanitation District, I would like to thank you for your prompt review of this application. Respectfully submitted, SCHMUESER GORDON MEYER, INC. on, P.E. DWG:Iec/1503A01 Enclosure cc: Mr. Greg Boecker, Chairman, Spring Valley Sanitation District, w/ encl. Lee Leavenworth, Esq., w/ encl. Colorado Mountain College, Attn: Glen Chadwick, Esq., w. encl. SCHMUESER GORDON MEYER, INC. • • SPRING VALLEY SANITATION DISTRICT ATTACHMENT TO SITE APPLICATION SERVICE AREA DEFINITION Exhibit 1 is a map of the existing boundary of the Spring Valley Sanitation District (SVSD). The immediate service area is the boundary of the SVSD as well as the Colorado Mountain College (CMC) Campus and the Pinyon Pines Apartments. The expanded service area for the wastewater treatment facility on shown in Exhibit 1 and includes portions of the Los Amigos Ranch property in the vicinity of the current SVSD boundary. While it is anticipated that this expanded flow would provide future service to CMC and Los Amigos Ranch Partnership (LARP), it is not the intent of this Site Application to preclude adjacent properties in the Spring Valley area from being annexed into the service area of the SVSD. Population and Flow Projections Exhibit 2 is a table indicating both current and projected population and flow for SVSD. A summary of the projections follows: Existing 148 518 51,800 gpd 108 ppd Projected 465 1628 162,800 gpd 326 ppd Population equivalent, P.E. = 3.5 persons/EQR Flow equals 100 gpd/PE BODS = 0.2 ppd/PE The above table is based on an equivalent flow rate of 350 gpd/standard EQR. Past flow studies performed at the existing facility indicate that actual flow rates are approximately 270 gpd per connected EQR. Therefore, the actual number of connected EQRs that can be served by the existing and proposed treatment facility are 192 EQR and 603 EQR, respectively. DWG:Iec\1503A01.apl June 4, 1996 1 i • Relationship to Other Water & Wastewater Treatment Plants Exhibit 3 shows the SVSD boundary and surrounding area. The Town of Carbondale wastewater treatment facility and the Aspen Glen Metropolitan District wastewater treatment facility are shown on that map. There are no water treatment facilities within the vicinity shown on the map. The relationship to these treatment facilities is further discussed under treatment alternatives considered below. PROPOSED EFFLUENT LIMITATIONS The current facility and the proposed facility utilize percolation ponds for discharge of effluent. There are no surface water discharges associated with this facility. This facility has not been issued an NPDES discharge permit to date. A discharge permit will be submitted for this facility upon approval of Site Application. ANALYSIS OF EXISTING FACILITIES Exhibit 4 is a site plan of the current facility. The current facility consists of the following: • Influent Parshall flume vvith a continuous flow measurement (CMC flow only). • Influent Parshall flume without flow measurement facilities (entire flow). • Pond #1 - Aerated lagoon cell. • Pond #2 - Non-aerated cell. • Pond #3 - Percolation pond. • Monitoring wells (2). Influent and effluent flow measurement or testing has not been done on an ongoing basis for this facility. This facility has never gone septic. There have never been any overflows of the percolation ponds. The flow monitoring wells have never had any groundwater standing in them. The facility has been monitored weekly for the past 13 years and, to the best of my knowledge, this facility has functioned within expected performance parameters. Exhibit 5 is a set of design calculations for the existing facility. The current Site Application indicates an approved flow capacity of 52,000 gal/day, consistent with the design calculations. DWG:Iec\1503A01.ap1 June 4, 1996 2 • • TREATMENT ALTERNATIVES CONSIDERED An extended aeration facility was considered as an alternative to the aerated lagoon system. Because of the fact the District has sufficient land area for additional percolation cells, the fact that the aerated lagoon system is essentially currently in place and the operation and maintenance of the existing system is far Tess than the equivalent operation and maintenance cost for a mechanical treatment facility, this alternative was not considered further. The Aspen Glen Metropolitan District wastewater treatment facility is currently under construction and scheduled for completion in 1996 - See Exhibit 3 for location. There have been two recent studies investigating the feasibility of the elimination of a treatment facility at the SVSD site and constructing an interceptor sewer to Aspen Glen facility. Exhibit 6 contains excerpts from the Wastewater Management Study, Lower Roaring Fork Planning Area, dated April 23, 1993, which is the planning document associated with the formation and preparation of Service Plan for the Aspen Glen Metropolitan District. That plan concluded that it was not feasible to abandon the SVSD system from a cost standpoint. That conclusion was reached despite the fact that study analyzed a more costly activated sludge facility for a Spring Valley Sanitation District on-site expansion versus an aerated lagoon facility expansion. The study concluded that an on-site system would cost $1.1 million versus a connection to the Aspen Glen regional facility of $1.8 million. Exhibit 7 is an excerpt from a report entitled, Feasibility Study, Sanitary Sewer Connection to Aspen Glen Regional Wastewater Treatment Plant, dated October, 1995. That report was commissioned by CMC. That report concluded that the cost for connection to the Aspen Glen facility would be on the order of $2.2 million. Both reports indicate that it is not feasible for connection to the Aspen Glen wastewater treatment plant, and the Colorado Department of Health has subsequently issued a Site Application approval for the Aspen Glen facility which does not include the SVSD within the service area. FLOODPLAIN AND NATURAL HAZARD ANALYSIS The treatment facility is not located in the flood hazard area. There are no natural hazards at the site. DWG:Iec\1503A01.ap1 June 4, 1996 3 • • DETAILED DESCRIPTION OF SITE Treatment System Description Exhibit 8 is a site plan indicating the proposed facilities. Those facilities will consist of the following: • Influent Parshall flume and influent flow measuring facilities (CMC flow only). • Influent existing Parshall flume with proposed influent flow measuring facilities (entire flow). • Pond #1 - Aerated cell. • Pond #2 - Aerated cell. • Pond #3 - Settling pond. • Pond #4 - One or more new percolation ponds. • Chlorination facilities with the chlorination point between settling pond and percolation pond(s). • Two (2) existing monitoring wells supplemented by two (2) additional monitoring wells. Exhibit 9 is the design calculations for the proposed facilities. Design Capacity As shown in Exhibit 2 and discussed above, the projected capacity facility will be 153,700 gpd. Operational Staffing Needs Current staffing for the District consists of a single part time operator. Current operation requirements are approximately eight hours per week. It is anticipated that operational needs will increase to approximately 16 hours per week as a result of increased capacity of the system. Legal Description of Site Exhibit 11 is a legal description of the site. LEGAL ARRANGEMENTS Exhibit 11 is the legal description of the site. The site is leased by the Sanitation District from Colorado Mountain College pursuant to a 50 -year lease with an automatic 50- DWG:Iec\1503A01.ap1 June 4, 1996 4 • year renewal right for the Sanitation District. Exhibit 10 is a copy of the Lease and Agreement. INSTITUTIONAL ARRANGEMENTS SVSD operates under the original Service Plan, dated July, 1979. Exhibit 11 is a copy of the legal description of the SVSD as originally organized under court order, dated January 9, 1980, under Civil Action #79 CV 223. This facility operates under the following three (3) Site Applications, contained as Exhibit 11, and summarized as follows: • Site Application #3278, July 11, 1979, the initial Site Application for the site. This was actually an Amended Site Application which authorized the installation of aeration equipment in the first cell. It is not known whether a Site Application was issued for construction of the original facility in the 1960's. • Site Application #4015, February 6, 1992, issued for the construction of a lift station on the CMC campus. • Site Application #3278, May 11, 1994, which authorized the construction of the current percolation cell, which is the third cell at the site. MANAGEMENT CAPABILITIES CMC is not located within the boundaries of the SVSD. Exhibit 13, Sewage Treatment Service Agreement, July 2, 1979, between Colorado Mountain Junior College District and the owners of Los Amigos Ranch PUD, the predecessor to the Spring Valley Sanitation District, is attached. This exhibit is the operating agreement between CMC and SVSD which agreement was assumed by SVSD in the Lease Agreement between CMC and SVSD, attached as Exhibit 10. See page 4 of lease. Further management authority is outlined in the Service Plan for the SVSD and in other agreements between SVSD and CMC. FINANCIAL SYSTEMS Exhibit 14 is the 1996 budget for the SVSD. The expansion of the wastewater treatment facility will be paid for by pre -payment of tap fees by CMC and/or other potential users. Those funds will be made available to the SVSD prior to start of construction. Based on the final agreement to be negotiated between DWG:Iec\1503A01.ap1 June 4, 1996 5 • • SVSD and CMC with respect to recapture of the pre -payment of tap fees, the tap fee will be adjusted if necessary to provide for such recapture. It is anticipated that the ongoing operating revenue streams of the Sanitation District will be monitored on an annual basis in order to provide, as in the past, for operation and maintenance of the capital improvements throughout the District. IMPLEMENTATION PLAN The anticipated construction schedule is as follows: • Site Application Submittal - July 1, 1996. • Department of Health approval of Site Application - October 1, 1996. • Begin construction - April 1, 1996. • Complete construction - July 1, 1997. • NPDES discharge permit received - January 1, 1997. • Start-up date - July 1, 1997. The estimated cost of construction is as follows: • Flow measurement $ 9,000 • Site work $160,000 • Mechanical equipment $ 43,000 • Monitoring wells $ 12,000 SUBTOTAL $224,000 25% Contingency, engineering and legal fees $ 56,000 TOTAL ESTIMATED CONSTRUCTION COST $280,000 DWG:fec\1503A01.ap1 June 4, 1996 6 • • LIST OF EXHIBITS SPRING VALLEY SANITATION DISTRICT EXHIBIT 1 Service Area EXHIBIT 2 Population/Flow Projections EXHIBIT 3 Spring Valley Sanitation District Boundary and Surrounding Area EXHIBIT 4 Site Plan EXHIBIT 5 Spring Valley Sanitation District, Design Calculations - Existing Facility EXHIBIT 6 Wastewater Management Study, Lower Roaring Fork Planning Area, April 23, 1993. EXHIBIT 7 Feasibility Study, Sanitary Sewer Connection to Aspen Glen Regional Wastewater Treatment Plant, October, 1995. EXHIBIT 8 Site Plan, Proposed Facilities EXHIBIT 9 Spring Valley Sanitation District Calculations - Proposed Facility EXHIBIT 10 Lease, Sanitary Sewage Lagoon Parcel EXHIBIT 11 Legal Description, Spring Valley Sanitation District EXHIBIT 12 Site Application No. 3278, July 11, 1979 Site Application No. 4015, February 6, 1992 Site Application No. 3278, May 11, 1994 EXHIBIT 13 Sewage Treatment Service Agreement, July 2, 1979 EXHIBIT 14 General Budget, 1996 DWG:Iec\1503A01.exh • • EXHIBIT 1 SERVICE AREA • • SEE EXHIBIT 3 FOR GENERAL LOCATION. SCALA !"=1000 EXHIBIT 1 SERV/CE AREA HIGH DENSITY S.F. 60.1 A C. 4- - L__ 80 UNITS SPRING VALLEY SANITATION DISTRICT BOUNDY SUBDIVISION 2 11 UNITS MEN UM 1 OPEN SPACE i 1 1 i 1 1 SINGLE, FAMILY 110.0 AC.+ - 49 UN/TS OPEN SPACE 52.4 AC.+ - EXPANDED SERVICE AREA • 1 EXHIBIT 2 POPULATION/FLOW PROJECTIONS N u� 0 0 N P O CO �O Ul O O O O O CD C3 0 CD 0 `O O N O 1 N P M tri �O 07 N L) C o C N 0 CO O D o Cr 0 - CO I0 0 W 0 rn • 0 O '0 00 vte- co LEA LEI O N LOS AMIGOS RANCH C3 0 L 3.7 EQR/100 students v Y in 0 L 0 1.0 EQR/2000 SF Commercial SUBTOTAL, LOS AMIGOS RANCH COLORADO MOUNTAIN COLLEGE 3.7 EQR/100 students Students/staff 0.3 EQR/bed 0.25 EQR/bed Dormitory beds L Staff housing SUBTOTAL, CMC J Q 0 H N 0) U y 0 C O c 03 N 03 6) Q O C 03 a a) U a) 0) E 0 N .0) co cc d W LW 1- 0 z Population equivalent defined as 3.5 per EQR. N tables11503a03.tb2 • • EXHIBIT 3 SPRING VALLEY SANITATION DISTRICT BOUNDARY AND SURROUNDING AREA • 1 -LJ Q Q 2CZ: h2 a • • EXHIBIT 4 SITE PLAN 11 ; 8 • r EXHIBIT 5 SPRING VALLEY SANITATION DISTRICT, DESIGN CALCULATIONS - EXISTING FACILITY • EXHIBIT 5 SPRING VALLEY SANITATION DISTRICT DESIGN CALCULATIONS - EXISTING FACILITY A. Equations/Assumptions 1. kt = k20 O T-20 k20 = BOD removal rate @ 20°C, 0.5 day "1 O = Temp. Coefficient, 1.05 2. C sw = (B) (Css) (P) = 02 Conc. in Wastewater B = Saturation Conc. of 02 in wastewater Saturation Conc. of 02 in clean water = 0.90 Css = 02 saturation of tap water at wastewater temperature P = Barometric Pressure @ site = 23.38 = 0.78 Sea Level Pressure 29.92 3. R = a x Csw-C1 X 1.025T-20 Cs R = Correction Factor = FTR CWTR FTR = Field Transfer Rate, # 02/Hp-hr CWTR = Clear Water Transfer Rate, # 02/Hp-hr a = 0.90 Csw = See above in (2) CI = 02 Conc. to be maintained in wastewater = 2 mg/I Cs = 02 Conc. @ std. conditions, 9.17 mg/I T = Wastewater Temp., °C 1503.EQA 3/20/96 1 • • 4. Lc=Lo 1 1 + ki- t Le = Effluent BOD, mg/I Lo = Influent BOD, mg/I kT = BOD removal rate @ Wastewater Temp., day "1 t = Detention Time, days Solving for t: t = Lo/Le -1 kt 5. # 02/hr = BODr x 8.34 x Q x 02 x CWTR x 1 #BOD FTR 24 # 02/hr = Pound 02 Required per hr @ Standard Conditions BODr = BOD removed, mg/I Q = Flow Rate, mgd #02/#BOD = 02 required per unit BOD removed CWTR/FTR = 1 /R = 1 /Correction Factor 6. Hp = # 02/hr = # 02/hr = Hp CWTR # 02/Hp-hr 7. Other Assumptions (a) Tw = Estimated Winter Temperature = 40°F = 4.4°C (t of Wastewater) Ts = Estimated Summer Temperature = 60°F = 15.5°C (b) Influent BOD = 225 mg/I (c) Effluent BOD = 30 mg/I (d) CWTR = 3.0 #02/Hp-hr (e) #02/# BOD = 1.25 (f) Single -cell aerated lagoon (g) Mixing Horsepower = 6-10 Hp/MG 1 503.EQA 3/20/96 2 • • Calculations kT + k2o 0T-20 2. Csw = (b) (css) (P) Winter Summer k 4.4 = 0.5 x 1.054.4-20 k 15.5 = 0.5 x 1.0515.5-2 = 0.23 d-1 = 0.40 d-1 Csw = (0.9)(12.98)(0.78) Csw = (0.9)(10.4)(0.78) = 9.11 mg/I = 7.30 mg/1 3. R = < x Csw - C1 x 1.025 T-20 R = .9 x 9.11-2.0 x 1.0254.4-20 R = .9 x 7.30 - 2.0 9.17 9.17 = 0.475 = 0.465 1/R = 2.10 1/R = 2.15 4. Pond Volume Sideslope = 3:1 Dimensions at water surface elevation of 6664' : 173 x 155 Total depth: 12' V = (173)(36)(155-36) x 12' x 7.48 gal/cf V = 137x119x12x7.48 V = 1.46 MG 1503. E QA 3/20/96 3 5. Design Flow • • Winter Summer t = Lo - 1 t = Lo - 1 Le Le kt kt = 225 -1 = 225 -1 30 30 0.23 0.40 t = 28 days t = 16.25 days Q = v/t Q = v/t = 1.46 MG/28 days = 1.46 MG/16.25 days Q = 0.052 MGD Q = 0.090 MGD 6. Biological Oxygen Requirements # 02/hr = BODS x 8.34 x Q X #02 x CWTR x 1 #BOD FTR 24 Winter # 02/hr = (195)(8.34)(.052)(1.25)(2.10)(1/24) = 9.24 Summer # 02/hr = (206.6)(8.34)(0.052)(1.25)(2.15)(1/24) = 10.03 7. Hp Required for Mixing = 6 to 10 Hp.MG Minimum Hp = 1.46 x 6 = 8.8 Hp 1503. EQA 3/20/96 4 • • 8. Hp Required for Oxygen Transfer Winter Summer Hp = 9.24 = 3+ Hp Hp = 10.03 = 3.5 Hp 3 3 9. Hp Required Existing 7.5 hp aerator sufficient; aerator will be 15% under designed for complete oxygen dispersion. Because unit is 250% over designed for treatment, it is not expected that the quality of treatment will diminish. The corners of the lagoon may not maintain the design 2.0 mg/I dissolved oxygen from the aerator but, due to the shallow depth along the sides, wave action will offset the effects of the aerator. 1503.EQA 3/20/96 5 • • EXHIBIT 6 WASTEWATER MANAGEMENT STUDY, LOWER ROARING FORK PLANNING AREA April 23, 1993 • • WASTEWATER MANAGEMENT STUDY Ji.+k4 23 LOWER ROARING FORK PLANNING AREA APRIL 23, 1993 f\NestWater Engineering Consulting Engineers 502 WEST EIGF'TH ST. P.O. BOX 1470 - PALISADE. COLORADO 81 526 (303) 464-5134 • • • 6.6 OPTIONS FOR EXISTING NON -REGIONAL WASTEWATER TREATMENT PLANTS 6.6.1 General. The previous sections provided recommendations for the Roaring Fork Valley sub -area; however, that does not address problems at the outlying plants. Of four existing wastewater treatment plants in the planning area, the Spring Valley/CMC and Carbondale treatment plants are the two plants which may need to upgrade and possibly expand its system in the foreseeable future. Because of the plants' location, neither could serve as a regional plant for the rest of the development in the planning area; however, either could be connected into a regional system. A detailed evaluation was made to compare the pros and cons of utilization of the existing plant with connection of the plant and/or existing collection system to a regional system. 6.6.2 Spring Valley WWTP. Present and Existing Wastewater Loads. No flow records are available for wastewater discharge into the existing plant. Using the data developed in Chapter 3, the existing equivalent population is estimated to be about 506 people (169 equiv. d.u. s). Future population is estimated to be 1116 people (572 eq. d.u.'s). The following table shows estimated present and future flows for the Spring Valley area: PER CAPITA PRESENT FUTURE CRITERIA FLOW FLOWS FLOWS Maximum Day 100 gpcd 50,600 gpd 171,600 gpd Connection to Regional System. If the Spring Valley/CMC area is connected to a regional system, the existing plant could either be left in place to provide primary treatment, or raw sewage could be discharged directly down the new outfall lines to the regional system. If the existing plant is kept in place, there would be continued O&M costs, plus a liner would have to be placed in the two earthen basins to prevent groundwater contamination; both could be fairly expensive. Possible advantages to primary treatment are a possible reduction in outfall pipe size, and reduced maintanenance since it would be carrying a clear liquid, and lower final treatment costs. Since these advantages are very problematic, it will be assumed that the outfall line will be standard 8 inch pipeline and the existing plant will be decommissioned and bypassed. There are two alternative routes for an outfall line to connect to a regional system in the Roaring Fork Valley. Option A would extend cross-country down the south valley wall of Cattle Creek to the county road, then west along the county road to the intersection of the county road with State Highway 6-26 • • 82. From this point, the sewerline would extend under Highway 82 and the railroad, through existing tunnels or under trestles and across the farmland presently belonging to Unocal. For purposes of this analysis, it will be assumed that the sewerline would tie into Site B1 since that is the recommended site for a regional plant. Although there is approximately 20 feet of elevation drop between the county road and site B1; there are intervening ridges; therefore, it will be assumed that a pump station with force main will be required to prevent deep trenches. The sewerline will also have to be extended across the Roaring Fork River. Option B for the sewerline outfall would extend westward from the existing treatment plant. Because of the terrain, the route is somewhat sinuous: it would follow the existing access road in several locations, but would cut across switchbacks where feasible, to save sewerline length. Comparative quantities for the two options are as follows: ITEM DESCRIPTION 8 in. gravity pipeline 4 ft. diameter manholes 4 in. force main OPTION A 15,500 ft. 52 ea. 2000 ft. OPTION B 14,800 ft. 49 ea. 2000 ft. The sewerline quantities required is approximately the same for both options. Option A, the Cattle Creek route, will be evaluated since it will serve more development, and may possibly be easier to construct due to less rugged terrain. The cost for the intercepter line is shown in Table 6-E. Treatment costs are based on a proportionate share of the treatment plant costs at Plant Site Bi. For this purpose, a typical plant investment fee of $2000 per dwelling unit was assumed. There are 572 equivalent d.u.'s, for a treatment cost of $1,144,000. 6-27 • • TABLE 6-E COST ESTIMATE CONSTRUCTION OF OUTFALL PIPE - CMC LAGOONS TO SITE B1 ALTERNATE A ITEM UNIT NO. DESCRIPTION QTY. UNIT COST AMOUNT INTERCEPTOR PIPELINE - THROUGH CATTLE CREEK 1. Sewer Line: 6-10 ft. deep 15,500 L.F. 17 $263,500 2. Manholes 52 Ea. 1600 83,200 3. Surface Restoration - Pavement 0 L.F. 3 -0- 4. River Xing, Pipe Bores 400 L.F. 200 80,000 5. Extra Depth, 10'-20' 200 L.F. 12 2,400 6. R -O -W Acquisition 2500 L.F. 2 5,000 7. Pump Station 1 L.S. 40,000 40,000 8. Force Main 2000 L.F. 15 30,000 Subtotal: $504,100 30% Contingency & Engineering: 151,300 Interceptor Total: $655,400 ALTERNATE B INTERCEPTOR PIPELINE - PARALLEL TO ACCESS ROAD 1. Sewer Line: 6-10 ft. deep, 8" Dia. 14,800 L.F. 17 $251,600 2. Manholes 49 Ea. 1600 78,400 3. Surface Restoration - Pavement 400 L.F. 3 1,200 4. River Xing, Pipe Bores 400 L.F. 200 80,000 5. Extra Depth, 10'-20' 500 L.F. 12 6,000 6. R -O -W Acquisition 15,000 L.F. 2 30,000 7. Pump Station 1 L.S. 40,000 40,000 8. Force Main 2000 L.F. 15 30,000 Subtotal: $517,200 30% Contingency & Engineering: 155,200 Interceptor Total: $672,400 6-28 • 1 On -Site Treatment. If the existing plant is continued in- place, it will have to be upgraded and improved to meet future CDH regulations, and may also have to be expanded to handle flows from future populations. A Service Plan was prepared for the Spring Valley Sanitation District in July 1979 by Wright McLaughlin Engineers. The proposed plan for upgrading the existing plant and estimated costs are based upon the 1979 report which recommended the following two expansions wich are applicable to the present situation: First Phase Convert existing ponds to aerated lagoons with capacity of 52,000 gpd. Estimated cost - $129,500. (This has been completed; a Site Application was recently filed to add a second percolation pond.) Second Phase - Add an activated sludge plant and expand capacity to 100,000 gpd. Convert existing ponds to a polishing pond and a percolation basin. Provide a system for spray irrigation, a laboratory and a sludge hauling truck. Estimated cost - $278,000. Third Phase Expands system to 200,000 gpd. Includes secondary clarifier, aerobic digester, spray irrigation system, rapid infiltration basin. Estimated cost -$250,000. An Engineering News Record Cost Construction Index ratio of 2.0 was used to update the 1979 costs to 1992. The estimated cost to expand the plant is as follows: 2.0 x (278,000 + 250,000) = $1,056,000. An estimated cost of $50,000 will be added for the present improvements. Comparative Costs. Unit costs for the two alternatives are as follows: Alt. A - Connection to Regional Plant: Interceptor Line Plant Investment Fee Total $ 623,700 $1,144,000 Total $1,767,700 Alt. B - On -Site System $1,106,000 Conclusions. Upgrading the existing Spring Valley WWTP-is considerably less expensive than connection to a regional system, in part because of the considerable length of outfall line required. Also, since growth is slow, the plant will be upgraded in phases, whereas the sewer line is for ultimate development. A complete evaluation of all non -monetary 6-29 • • factors which determine ranking of each option is beyond the scope of this report, since it will not affect location of the regional plant. 6.6.3 Options for Carbondale Wastewater Plant. Estimated Wastewater Flows. At the present time, Carbondale has a population of about 3,000 people, an average daily flow of about 240,000 gpd, and a maximum day flow of about 400,000 gpd. Per capita average daily flow is 80 gpd, and maximum day flow is 130 gpd. The 208 Plan projects population of 3500 people in Carbondale by the year 2005. Adding the Rocky Mountain School equivalent population of 100 would result in a total P.E. of 3600 and a maximum day flow of 468,000 gpd. The 1987 Discharge Permit states that the rated capacity of the Carbondale plant is 740,000 gpd. Therefore, this figure will be used as the future estimated wastewater discharge from the Town of Carbondale; however, it is probably a conservative number unless substantial unanticipated growth occurs. Options for Connection to Downstream Regional Plant. Since Carbondale has a existing treatment plant, it has available the same two options for connecting to a regional plant as Spring Valley, i.e., 1) decommission the existing plant and discharge raw wastewater downstream, or 2) convert the existing plant to a primary treatment process and discharge primary effluent to the regional plant. Using the same logic as for Spring Valley, it appears more practical to discharge raw wastewater rather than operate the plant. Option A - Connection to Regional System. Design of Outfall Sewer. An outfall sewer would be extended from the existing Carbondale plant to Site B1. The new outfall would tie into the existing town interceptor sewer above the existing treatment plant to avoid a drop in elevation. The new outfall would then continue west along the top of the bluff bordering the Roaring Fork River. It would cross the Crystal River channel on a trestle to avoid a large pump station, and would tie into the Aspen Glen interceptor. Criteria for sewerline diameter was the same as described in Para. 6.4.2. A pipe diameter of 18 inches will be needed to carry the ultimate flow. The total length of the sewerline will be 19,000 feet, of which 12,000 feet will be on Aspen Glen property and 7,000 feet will be additional pipeline. In calculating costs, the incremental difference between a 12 inch pipeline (size needed for Aspen Glen alone) and an 18 inch pipeline for the Aspen Glen part of the interceptor) will be determined. 6-30 • • EXHIBIT 7 FEASIBILITY STUDY, SANITARY SEWER CONNECTION TO ASPEN GLEN REGIONAL WASTEWATER TREATMENT PLANT October, 1995 1 • • FEASIBILITY STUDY Sanitary Sewer Connection to Aspenglen Regional Wastewater Treatment Plant Job No. 2812 COLORADO MOUNTAIN COLLEGE GLENWOOD SPRINGS, COLORADO MEURER & ASSQ IATES CONSULTING ENGINEERS October,1995 1 • -z I. EXECUTIVE SUMMARY This Feasibility Study has been prepared for the Colorado Mountain College by Meurer & Associates, Inc., to identify the pertinent issues relative to connecting to the Aspenglen Regional Wastewater Treatment Plant. The issues, information and costs for the sewer connection are as follows: IAspenglen Regional Wastewater Treatment Plant(ARWWTP) ( WWTP) 1 Phase I of the ARWWTP is scheduled to be complete in January, 1996, and will initially serve the Aspenglen Development. The defined service area for the ARWWTP does not include the Colorado Mountain College (CMC). However, since the ARWWTP is a regional plant, users outside the service area will not be excluded from service if the Plant has the capacity to serve them. Service to CMC will require that the service area be amended to include the College. CMC will need to work with Aspenglen to amend the service area. Tap fees for connection to the Plant will need to be negotiated. The capacity of Phase I will be 0.107 million gallons per day (mgd) which can serve approximately 305 equivalent single family residential units (EQR's). Ultimate Capacity of the ARWWTP can be as high as 0.6 mgd (1,715 EQR's). The ARWWTP has the capacity to serve CMC if CMC connects to the Plant prior to the Plant reaching its ultimate capacity. CMC needs to connect to the ARWWTP before it reaches ultimate capacity. Sewer Line Alignment The general alignment of the sewer line extends from the existing wastewater lagoons south to County Road No. 113, then west in the County Road to approximately one half mile east of Highway 82, then southwesterly to Cattle Creek and west to Highway 82. From this point, the sewer line extends under Highway 82 and the railroad and across the Union Oil Company of California (Unocal) Property, then across the Roaring Fork River to the ARWWTP. A conceptual plan of the sewer line is in the Appendices. The total length of the sewer line is approximately 16,050 feet. The size of the sewer line is 8 -inches in diameter. A lift station, located east of Highway 82, is needed to pump sewage across Highway 82 and the railroad tracks. The force main from the lift station is 6 -inches in diameter and extends under the Highway and the railroad tracks. Easements are needed where the sewer line is within private property and Bureau of Land Management Property. Acquisition of easements from property owners will require negotiations with landowners. Depending on the landowner, easement acquisition can be time consuming. The Bureau of Land Management estimates that obtaining an easement from them can take as long as one year. Wetlands Wetlands exist in the vicinity of sewer line alignment in three locations: along a portion of the unnamed drainage channel above County Road No. 113, along the Cattle Creek channel and the wet meadow north of Cattle Creek, and along the Roaring Fork River. 1 1 1 1 1w 1 1 • -3 • Wetland impacts for this sewer line can be permitted under Section 404 Nationwide Permit #12. In areas where wetlands are disturbed, the wetlands topsoil and vegetation need to be replaced following construction. The project schedule should not be impacted by wetland permitting requirements. Future Users The alignment of the sewer line is such that other areas will have the ability to connect to the sewer line and be served by the ARWWTP. Potential future users identified along the alignment are as follows: • The Spring Valley Sanitation District (SVSD), which includes the Los Amigos Subdivision, Los Amigos Ranch, the Auburn Ridge Apartments and a future elementary school. The SVSD is identified as a future user because the existing lagoons may not be permitted by the CDOH if the SVSD can be served by the ARWWTP. • The Cattle Creek basin, which includes the properties along County Road No. 113. • Unocal Property — Development on the Unocal property will be served by the ARWWTP. The Unocal property is within the service area of the ARWWTP. Construction Construction methods and requirements will vary along the alignment of the sewer line. The topography along the alignment includes steep slopes, rock, wetlands, river and highway crossings, and pavement removal and replacement. Each of these conditions present additional costs for construction of the sewer line. Some of the construction methods and requirements that will add cost to the project consist of the following: rock excavation may have to be accomplished by blasting; steep slopes present difficulties for trenching and pipe installation; traffic control on County Road No. 113 will require full-time flaggers during construction; creek crossings need to be installed in a steel casing pipe for erosion protection; highway and railroad crossings need to be bored and a steel casing pipe inserted; wetland areas need to be returned to there original condition following construction. Estimate of Probable Costs The estimate of probable cost includes estimates for connection to the ARWWTP, construction, engineering, and easement acquisition. These estimates are based on the available information at the time the Study was prepared. The estimate of probable costs are summarized below. Connection to ARWWTP (not including tap fee) $506,000 Construction $1,466,000 Engineering $220,000 Easement Acquisition $36,000 Estimate of Probable Costs for Project $2,228,000 1 1 1 1 1 1 1 1i • PRELIMINARY ESTIMATE OF PROBABLE COST FOR CONSTRUCTION AND ENGINEERING Project: Colorado Mountain College Sanitary Sewer Connection to the ARWWTP Prepared By: GSS item No. 1 2 3 4 Item Description Sta. 0+00 to 20+93 8 -inch PVC Pipe 4 foot diameter Manhole 20 -inch Steel Casing at River Crossing Connect to ARWWTP Inlet Approx. Quantity 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Sta. 20+93 to 42+04 8 -inch PVC Pipe 4 foot diameter Manhole 20 -inch Steel Casing at Cattle Creek 16 -inch Steel Casing under Highway and RR 6 -inch PVC Force Main Lift Station Emergency Generator Electrical SCADA Telephone for SCADA Sta. 42+04 to 110+99 8 -inch PVC Pipe 4 foot diameter Manhole Asphalt Pavement Removal & Replacement Asphalt Rotomill and Overlay Traffic Control Sta. 110+99 to 162+52 8 -inch PVC Pipe 4 foot diameter Manhole Connect to Exist. Sewer Line at Lagoons Rock Excavation Subtotal 2100 6 2.00 1 1610 4 50 500 500 1 1 1 1 1 6900 16 6200 18000 1 5200 12 1 1200 Unit LF EA LF EA LF EA LF LF LF LS LS LS LS LS LF EA SY SY LS LF EA EA CY Unit Cost $32 1,500 300 2,000 35 1,500 75 200 30 42,000 20,000 16,000 15,000 5,000 35 1,500 25 4 20,000 50 2,000 1,000 50 Contingencies @ 15% Subtotal Engineering @ 15% Item Amount $ 67,200 9,000 60,000 2,000 56,350 6,000 3,750 100,000 15,000 42,000 20,000 16,000 15,000 5,000 241,500 24,000 155,000 72,000 20,000 260,000 24,000 1,000 60,000 $1,274,800 $191,220 $1,466,020 TOTAL $219,903 $1,685,923 Notes Assumes Garfield County will require County Road to be milled and overlayed. Assumes no rock excavation needed in County Road. Meurer and Associates, Inc. 10/16/95 1 1 1 1 1 1 1 1 1 1 1 1 Ilk UNNAMED DRAINAGE r 8 CATTLE CREEK CROSSING / V//?' 7 61-3 /// Figure 1. Colorado Mountain College Sewer Pipeline Alignment (nts). • • EXHIBIT 8 SITE PLAN, PROPOSED FACILITIES . • EXHIBIT 9 SPRING VALLEY SANITATION DISTRICT CALCULATIONS - PROPOSED FACILITY • • EXHIBIT 9 SPRING VALLEY SANITATION DISTRICT DESIGN CALCULATIONS - PROPOSED FACILITY A. Equations/Assumptions 1. kt = k20 O T -2o k20 = BOD removal rate @ 20°C, 0.5 day "1 0 = Temp. Coefficient, 1.05 2. C sw = (B) (Css) (P) = 02 Conc. in Wastewater B = Saturation Conc. of 02 in wastewater Saturation Conc. of 02 in clean water = 0.90 Css = 02 saturation of tap water at wastewater temperature P = Barometric Pressure @ site = 23.38 = 0.78 Sea Level Pressure 29.92 3. R = a x Csw-C1 X 1.025T"20 Cs R = Correction Factor = FTR CWTR FTR = Field Transfer Rate, # 02/Hp-hr CWTR = Clear Water Transfer Rate, # 02/Hp-hr a = 0.90 Csw = See above in (2) CI = 02 Conc. to be maintained in wastewater = 2 mg/I Cs = 02 Conc. @ std. conditions, 9.17 mg/I T = Wastewater Temp., °C 1503A.EQA 3/20/96 1 4. Lc = Lo 1 • • 1+kTt Le = Effluent BOD, mg/I Lo = Influent BOD, mg/I kT = BOD removal rate @ Wastewater Temp., day -1 t = Detention Time, days Solving for t: t = Lo/Le -1 kt 5. # 02/hr = BODr x 8.34 x Q x 02 x CWTR x 1 #BOD FTR 24 # 02/hr = Pound 02 Required per hr @ Standard Conditions BODr = BOD removed, mg/I Q = Flow Rate, mgd #02/#BOD = 02 required per unit BOD removed CWTR/FTR = 1/R = 1/Correction Factor 6. Hp = # 02/hr = # 02/hr = Hp CWTR # 02/Hp-hr 7. Other Assumptions (a) Tw = Estimated Winter Temperature = 40°F = 4.4°C (t of Wastewater) Ts = Estimated Summer Temperature = 60°F = 15.5°C (b) Influent BOD = 225 mg/I (c) Effluent BOD = 30 mg/I (d) Design flow = 153,700 gpd (e) CWTR = 3.0 #02/Hp-hr (f) #02/# BOD = 1.25 (g) Multi -cell aerated lagoon (h) Mixing Horsepower = 6-10 Hp/MG 1503A. EQA 3/20/96 2 • . B. Calculations: Aerated CeII No. 1 kT = k20 0T-20 2. Csw = (b) (css) (P) Winter Summer K 4.4 = 0.5 x 1.054.4"2° k 15.5 = 0.5 x 1.0515-5-2 = 0.23 d"1 = 0.40 d-1 Csw = (.9)(12/96\8)(0.78) Csw = (.8)910.4)(0.78) 3. R = u x Csw - C1 x 1.025 T-2° = 9.11 mg/I = 7.30 mg/1 R = .9 x 9.11-2.0 x 1.0254.4-2° R = .9 x 7.30 - 2.0 9.17 9.17 = 0.475 = 0.465 1/R = 2.10 1/R = 2.15 4. Pond Volume - Pond 1 Sideslope = 3:1 Dimensions at water surface elevation of 6664' : 173 x 155 Total depth: 12' V = (173)(36)(155-36) x 12' x 7.48 gal/cf V = 137x 119x 12x7.48 V = 1.46 MG 5. BODS Removal Winter Summer t = v Q t=v Q = 1.46 MG/0.1628 MGD = 1.46 MG/0.1628 MGD = 9.0 DAYS = 9.0 DAYS 1503A.EQA 3/20/96 3 • • Winter Summer Le = Lox 1 Le = Lox 1 1 +Kt•t 1 +Kt•t = 225 x 1 = 225 x 1 1+ 0.23 x 9.0 Le = 73 mg/I Le = 49 mg/I 1+ 0.40 x 9.0 6. Biological Oxygen Requirements # 02/hr = BOD, x 8.34 x Q X #02_ x CWTR x 1 #BOD FTR 24 Winter # 02/hr = (225-73)(8.34)(0.1628)(1.25)(2.11)(1/24) = 22.7 Summer # 02/hr = (225-49)(8.34)(0.1628)(1.25)(2.15)(1/24) = 26.8 7. Hp Required for Mixing = 6 to 10 Hp/MG Minimum Hp = 1.46 x 6 = 8.8 Hp 8. Hp Required for Oxygen Transfer Winter Summer Hp = 22.7 = 7.5 Hp Hp = 26.8 = 9 Hp 3 3 9. Hp Required Use 10 Hp aerator. 1503A.EQA 3/20/96 4 • . C. Calculations: Aerated Cell No. 2 kT + k20 0T-20 2. Csw = (b) (css) (P) Winter Summer k 4.4 = 0.5 x 1.054.4-20 k 15.5 = 0.5 x 1.0515.5-20 = 0.23 d-1 = 0.40 d-1 Csw = (0.9)(12.98)(0.78) Csw = (0.9)(10.4)(0.78) 3. R = ax Csw-C1 x 1.025T -2o Cs = 9.11 mg/I = 7.30 mg/1 R = 0.9 x 9.11-2.0 x 1.0254.4-20 R = 0.9 x 7.30 - 2.0 x 1.02515.5-20 9.17 9.17 = 0.475 = 0.465 1/R = 2.10 1/R = 2.15 4. Pond Volume - Pond 2 Sideslope = 3:1 Dimensions at water surface elevation of 6664' : 173 x 155 Total depth: 12' V = (173)(36)(155)-36) x 12' x 7.48 gal/cf V = 137x119x12x7.48 V = 1.46 MG 1503A.EQA 3/20/96 5 • • 5. Design Flow - BODS Removal Winter Summer t = v t = v Q Q t = 1.46 MG/0.1628 MGD t = 1.46 MG/0.1628 MGD t = 9 DAYS t = 9 DAYS Le =Lox 1 Le =Lox 1 1 +Kt•t 1 +Kt•t = 73x 1 = 49 x 1 1+0.23 x 9 1+0.40 x 9 Le = 24 mg/I Le = 11 mg/I 6. Biological Oxygen Requirements # 02/hr = BODS x 8.34 x Q X #02_ x CWTR x 1 #BOD FTR 24 Winter # 02/hr = (73-24)(8.34)(0.1628)(1.25)(2.11)(1/24) = 7.3 Summer # 02/hr = (49-11)(8.34)(0.01628)(1.25)(2.15)(1/24) = 5.8 7. Hp Required for Mixing = 6 to 10 Hp.MG Minimum Hp = 1 .46 x 6 = 8.8 Hp 1503A.EQA 3/20/96 6 • • 8. Hp Required for Oxygen Transfer Winter Summer Hp = 7.3 = 2.5 Hp Hp=5_8= 2.0 Hp 3 3 9. Hp Required 1503A.EQA 3/20/96 Use 7.5 hp aerator; aerator will be 15% under designed for complete oxygen dispersion. Because unit is 300% over designed for treatment, it is not expected that the quality of treatment will diminish. The corners of the lagoon may not maintain the design 2.0 mg/I dissolved oxygen from the aerator but, due to the shallow depth along the sides, wave action will offset the effects of the aerator. 7 • • EXHIBIT 10 LEASE, SANITARY SEWAGE LAGOON PARCEL •. ..rc.: ....?i r1AR 1 2 19E(Accora _;317229-. . ecept.io: t%)(1 _?:i Al .orf, Recordct- i LEASE AND AGREEMENT euox 5,15 ea;i THIS LEASE AND AGREEMENT, Made and entered into this 26th day of February, 1980, by and between COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT, hereinafter "Lessor," and SPRING VALLEY SANITATION DISTRICT, hereinafter "Lessee." WITNESSETH: That in consideration of the sum of One Dollar ($1.00) per annum paid in advance on the anniversary date of this Lease and Agreement by Lessee to Lessor, the receipt of the first annual payment of which is hereby acknowledged, and of the covenants hereinafter contained by Lessee to be kept and performed, Lessor does lease, let, and demise unto Lessee, for the purposes hereinafter set forth, that certain land in the County of Garfield, State of Colorado, described in Exhibit "A" attached hereto and incorporated herein by reference, containing nine and eighty-five hundredths (9.85) acres, more or less; with the sole and exclusive right to operate a sewage treatment facility on the leased land during the term hereinafter provided and the right to construct, maintain, operate, use, repair, replace, and remove pipelines, telephone, telegraph, power, and other utility lines, tanks, ponds, machinery, appliances, buildings, and other structures useful, necessary, or proper for carrying on its operations on the leased land, together with rights-of-way for passage over, upon, and across, ingress and egress to and from the leased land for any or all of the above-mentioned purposes along present access roads to said tract of land or access roads which may hereafter be constructed and utilized, all as mutually agreed upon by the parties hereto in exact location, and further a certain sewage trunk line corridor easement described more fully in Exhibit "B" attached hereto and incorporated herein by reference. 6. • 1311111( 545 per;E.1_ :..o Together with such additional land, up to a maximum of twenty-five (25) acres, generally located westerly of, but not necessarily adjacent to, the heretofore particularly described land, as is reasonably required in the future for the winter storage of effluent, for infiltration areas, and for land treatment, all as shown by final design plans for such improvements as have been or may be approved by the Colorado State Departments of Health. TO HAVE AND TO HOLD the leased land for the term of fifty (50) years from and after the date hereof, and upon written notice from the Lessee delivered to the Lessor at least 180 days prior to expiration of the initial term for an additional term of fifty (50) years at the sole option of the Lessee and under the same terms and conditions as provided for in this Agreement for the first fifty (50) year term. In consideration of the premises, the parties hereby respectively covenant and agree as follows: Treatment Services The parties incorporate into this Lease and Agreement by reference Paragraphs 2(a) and 2(b) of "Section 2. Conveyance to District" set forth in the Sewage Treatment Services Agreement, dated July 2, 1979, and recorded on July 11, 1979, in Book 531 at Page 325 as Reception No. 295618, Garfield County Records; and Lessee hereby agrees to perform the terms and conditions set forth in said paragraphs and that the same are hereby made expressly a part of this Lease and Agreement. Future Expansion of Lessee's Facilities a. The parties incorporate into this Lease and Agreement by reference Paragraphs 2(c) and 2(d)(ii)(A) of "Section 2. Conveyance to District" set forth in the Sewage Treatment Services Agreement, dated July 2, 1979, and recorded on July 11, -2- BUfiX 545 PAGE_ U 1979, in Book 531 at Page 325 as Reception No. 295618, Garfield County Records; and Lessee hereby agrees to perform the terms and conditions set forth in said paragraphsand that the same are hereby made expressly a part of this Lease and Agreement. b. At such time as any of the additional land heretofore described is needed and will actually be used for winter storage of effluent, for infiltration areas, and for land treatment, Lessee will prSvide, at its sole expense, a survey of the property to be used, which shall then become the subject of an addendum to this Lease. Lessor and Lessee mutually agree to reasonably negotiate the precise additional acreage to be used for the purposes described in this paragraph subject to the overall acreage and use limitations as heretofore described. c All improvements constructed by Lessee upon the demised land, including buildings, roads, pipelines, utility lines, ponds, and any other structrues or facilities useful, necessary, or proper for carrying on its sewage treatment operations on the demised land shall remain the property of the Lessee during the term of and subsequent to termination of this Lease, except upon termination of the lease for Lessee's default as hereinafter provided. Operation of Treatment Facilities a. The parties incorporate into this Lease and Agreement by reference Paragraph 2(d)(ii)(B) of "Section 2. Conveyance to District" set forth in the Sewage Treatment Service's Agreement, dated July 2, 1979, and recorded on July 11, 1979, in Book 531 at Page 325, at Reception No. 295618, Garfield County Records; and the Lessee hereby agrees to perform the terms and conditions set forth in said paragraph and that the same are hereby made expressly a part of this Lease and Agreement. -3- f' • BIJOK 545 ME 1.ZJ b. Lessee agrees to maintain at its. own expense any and all sewage treatment facilities located upon the demised premises in a state of good repair, subject to and in compliance with all applicable federal, state, and local laws and regulations, and sound engineering practice, and allowing for ordinary wear and tear. Lessee agrees to fully and promptly pay for all water, gas, heat, light, power, telephone service, and other public utilities of every kind furnished to the premises throughout the term hereof, and all other costs and expenses of every kind whatsoever of or in connection with the use, operation, and maintenance of the premises and all activities conducted thereon, and Lessor shall have no responsibility of any kind for any thereof, except as otherwise specifically provided for in this lease. District Assumption of Agreement The parties incorporate into this Lease and Agreement by this reference Section 5 of the Sewage Treatment Services Agreement, dated July 2, 1979, and recorded on July 11, 1979, in Book 531 at Page 325 as Reception No. 295618, Garfield County Records; and Lessee hereby assumes and agrees to all of the obligations of the District and Los Amigos to the College and provided for in said Agreement. Waste and Nuisance During the term of this lease, Lessee shall comply with all applicable laws affecting the demised premises, the breach of which might result in any penalty on Lessor or forfeiture of Lessor's title to the demised premises. During the term hereof, Lessee shall not commit or suffer to be committed, any waste on the demised premises, nor shall Lessee maintain, commit, or permit the maintenance or commission of any nuisance on the demised premises. -4- r r BIM 543 FM)E1:4', _ IndemnificaLion of Lessor Lessor shall not be liable for any loss, injury, death, or damage to persons or property which at any time may be suffered or sustained by Lessee or by any person whosoever may at any time be using or occupying or visiting the demised premises or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Lessee or of any occupant, subtenant, visitor, or user of any portion of the premises, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind than the matters or things above set forth, and Lessee shall indemnify Lessor against all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. Lessee hereby waives all claims against Lessor for damages to the building and improvements that are now on or hereafter placed or built on the premises and to the property of Lessee in, on, or about the premises, and for injuries to persons or property in or about the premises, from any cause arising at any time. The two preceding sentences shall not apply to loss, injury, death, or damage arising by reason of the negligence or misconduct of Lessor, its agents, employees, or students. Insurance a. Insurance coverage of premises. Lessee shall, at all times during the term of this lease and at Lessee's sole expense, keep all improvements which are now or hereafter a part of the premises insured against loss or damage by fire and the extended coverage hazards for one hundred percent (100%) of the full replacement value of such improvements, with loss payable to Lessor and Lessee as their interests may appear. Any loss adjustment shall require the written consent of both Lessor and Lessee. -5- MU 545 PAU.1.`;;i! b. Personal injury liability insurance. Lessee shall maintain in effect throughout theterm of this lease personal injury liability insurance covering the premises and its appurtenances and the sidewalks fronting thereon in the amount of not less than Five Hundred Thousand and No/100 Dollars ($500,000.00) for injury or death of any one person, and One Million and No/100 Dollars ($1,000,000.00) for injury or death of any number df persons in one occurrence and property damage liability insurance of not less than One Hundred Thousand and No/100 Dollars ($100,000.00). Such insurance shall specifically insure Lessee against all liability assumed by it hereunder, as well as liability imposed by law, and shall insure both Lessor and Lessee but shall be so endorsed as to create the same liablity on the part of the insurer as though separate policies had been written for Lessor and Lessee. c. Lessor's right to pay premiums on behalf of Lessee. Lessee shall pay all of the premiums of policies of insurance referred to in this section and shall deliver such policies, or certificates thereof, to Lessor,and in the event of the failure of Lessee, either to effect such insurance in the names herein called for or to pay the premiums therefor or deliver such policies, or certificates thereof, to Lessor, Lessor shall be entitled but shall have no obligation, to effect such insurance and pay the premiums therefor, which premiums shall be repayable to Lessor with the next installment of rental, and failure to repay the same shall carry with it the same consequence as failure to pay any installment of rental.. Each insurer mentioned in this section shall agree, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Lessor, that it will give to Lessor thirty (30) days' written notice before the policy or policies in question shall be altered or canceled. -6- • BIM 545 pr,E1.23 d. Definition of full replacement value. The term "full replacement value" of improvements as used herein shall mean the actual replacement cost thereof from time to time less exclusions provided in the normal fire insurance policy. In the event either party believes that the full replacement value (that is to say, the then -replacement cost less exclusions) has increased or decreased, it shall have the right, but, except as provided below, only at intervals of not less than three (3) years, to have such full replacement value redetermined by the fire insurance company which is then carrying the largest amount of fire insurance carried on the demised premises (hereinafter referred to as "impartial appraiser"). The party desiring to have the full replacement value so redetermined by such impartial appraiser shall forthwith on submission of such determination to such impartial appraiser give written notice thereof to the other party hereto. The determination of such impartial appraiser shall be final and binding on the parties hereto, and Lessee shall forthwith increase (or decrease) the amount of the insurance carried pursuant to this section as the case may be to the amount so determined by the impartial appraiser. Such determination shall be binding until superseded by agreement between the parties hereto or by a subsequent redetermination by an impartial appraiser. Lessee shall pay all costs, if any, of the impartial appraiser. If during any such fifty (50) year period Lessee shall have made improvements to the premises, Lessor may have such full replacement value redetermined at any time after such improvements are made, regardless of when the full replacement value was last determined. e. Adjustment of coverage. In the event that either party shall at any time deem the limits of the personal injury or property damage public liability insurance then_,Qarr.ied to be either excessive or insufficient, the parties shall endeavor to -7- • • BlirlK 545 PM3E 1. 24 agree on the proper and reasonable limits for such insurance then to be carried, and such insurance shall thereafter be carried with the limits thus agreed on until further change pursuant to the provisions of this section; but, if the parties shall be unable to agree thereon, the proper and reasonable limits for such insurance then to be carried shall be determined by an impartial third person selected by the parties, and the decision of such impartial third person as to the proper and reasonable limits for such insurance then to be carried shall be binding on the parties, and such insurance shall be carried with the limits as thus determined until such limits shall again be changed pursuant to the provisions of this section. The expenses of such determination shall be borne equally by the parties. f. Blanket isurance policies. Nothwithstanding anything to the contrary contained in this section, Lessee's obligations to carry the insurance provided for herein may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by Lessee; provided, however, that the coverage afforded Lessor will not be reduced or diminished or otherwise be different from that which would exist under a separate policy meeting all other requirements of this lease by reason of the use of such blanket policy of insurance, and provided further that the requirements of the foregoing Paragraph (e) of this section are otherwise satisfied. g• Cost of insurance deemed additional rental. The cost of insurance required to be carried by Lessee in this section shall be deemed to be additional rental hereunder. Defaults - Lessor's Remedies Lessee shall be deemed to be in default under this Lease and to have breached this Lease, automatically and without the necessity of Lessor making any declaration of same, upon the occurrence of any one of the following: -8- BOOK 545 p!;c j.25 1. Failure to pay rent when due; 2. Failure to provide or maintain insurance; or 3. Failure to keep and perform any other term, covenant, promise, or condition contained in this Lease. Lessor shall not be deemed to have acquiesced in or waived any default of Lessee unless such default shall have existed for a period of 120 days from (a) the date it occurred; or (b) the date Lessor first actually knew of such default, whichever date is later. In no event shall any such acquiescence or waiver, if established, be construed or interpreted as an acquiescence in or waiver of a subsequent default of a similar or dissimilar kind. Upon any default, Lessor shall have the right to terminate this Lease, without any obligation or liability to Lessee, by giving Lessee written notice at least forty-five (45) days in advance of such termination date. The notice shall contain the event constituting the default, the reason for the termination, and the date of the termination, and shall notify Lessee that if the default is not cured to the satisfaction of Lessor by the termination date, then this Lease is deemed fully canceled and terminated as of the termination date. Lessor may, in its discretion, extend the termination date upon written request of Lessee delivered to Lessor before the termination date if Lessor determines and finds that: (1) there are compelling reasons to grant Lessee an extension of the termination date in order to enable Lessee to attempt to cure the default; and (2) that Lessee is diligently pursuing efforts to cure the default as quickly as possible. Upon any such termination of the Lease, Lessee shall immediately remove itself and all of its personal property from the demised premises and shall immediately surrender possession of the demised premises to Lessor without any further notice, demand, process, suit, or action of Lessor being necessary or - 9- • iK 545 required. All costs, expenses, and attorney's fees incurred by Lessor in connection with any default of Lessee, or with the termination of this Lease, or in interpreting, enforcing, or threatening to enforce the provisions hereof against Lessee, shall be paid for by Lessee and recovered from Lessee, in addition to all of Lessor's other remedies and claims. Such surrender of possession by Lessee shall include forfeiture and surrender to Lessor of all buildings, roads, pipelines, utility lines, ponds, and other structures, facilities, and improvements in good, workmanlike, and operable condition, made, constructed, or placed by Lessee upon any portion of the demised premises and useful, necessary, or proper for carrying on the sewage treatment operations on the demised premises, the purpose of this sentence being to enable Lessor to continue to operate the sewage treatment facilities for Lessor's own benefit upon any such termination of this Lease. • In the event a default and surrender of the premises • hereunder occurs, Lessor agrees to negotiate with the existing customers of the District for the purpose of entering into an agreement, if such could be mutually arrived at, for the continuation of service to existing users; provided, however, this sentence shall not be construed to obligate Lessor to enter into any such agreement. Notice Whenever notice is permitted or required in this Lease, it shall be deemed given: (1) when personally delivered to an authorized agent or representative of such party; or (2) when deposited in the U. S. mails, first class, postage prepaid, addressed if to Lessor: Colorado Mountain Junior College District c/o F. Dean Lillie, President P. 0. Box 1367 Glenwood Springs, CO 81601 -10- • and addressed if to Lessee: UUiK 545 P.". 7 Spring Valley Sanitation District Board of Directors P. 0. Box 2055 Glenwood Springs, CO 81601 Assignment This lease shall not be assignable without the express written consent of the parties, and shall inure to the benefit of, and be binding upon, the parties, their successors in interest, and assigns. Execution Authority By signing this Lease and Agreement, the parties acknow- ledge and represent to one another that all procedures necessary to validly contract and execute this Agremeent have been performed and that the persons signing for each have been been duly authorized so to do. IN WITNESS WHEREOF, the parties have executed this Lease and Agreement, in duplicate originals, on the day and year first above written. ATTEST:. iv /.%/ Dean K. Mofa6 District Sercret ary COLORADO MOUNTAIN .FUAT.Q , COLLEGE DTRICT = :;: F. Dean Lillie ,rek1d tit 3:t 1 ,S SPRING VALLEY SANITATION DISTRICT By1' I"Jr Vir, C7;4'4_ Robert W. Chatmas, Chairman -11- i STATE OF COLORADO ) ss. County of Garfield ) BIM 545 py E.-r4i The foregoing instrument was acknowledged before me this 4-01 day of February, 1980, by F. DEAN LILLIE, as President of Crado Mountain Junior College District. .......Witness my hand and official Seal. My Codmission expires: (\-(,r. R )' — i1�\C, ° ; , r�t246ucJ (Awn CIC/ 1.64/ /%j2/ �f or �.�. Notary Pub STATE OF COLORADO ss. County of Garfield ) The foregoing instrument was acknowledged before me this 26th day of February, 1980, by ROBERT W. CHATMAS, Chairman, Spring Valley Sanitation District, and attested by DEAN K. MOFFATT, District Secretary, Spring Valley Sanitation District. Witness my hand and official Seal. My Commission expires: MA -122,1483 Notar Public -12- • I:XII18l•1 "A" BIJOR 545 KKBNA • S,✓,O. w 1 •In, Or{wr. i.n Cen, u�l.ny 1 np.nw„ l.M S SANITARY SEWAGE LAGOON PARCEL DESCl:1 PT1O A parcel of land situated in part o: Government Lots 4, 5, 6 and 7 of Section 9, Township 7 South, Range 88 West of the Sixth Principal Meridian in the County of Garfield, State of Colorado. Said parcel being bounded by a fence line as connt.ructcd and in place. Said parcel being more particularly described as follows: Beginning at the Northwest Corner of said Section 9 (being also the Northeast Corner of Section 8 in said Township and Range) a stone corner found in place and properly marked; thence S. 54°29'05" R. 1537.27 feet ' to a point in said fence line, the 'Prue Point of Beginning; thence the following seven courses along said fence line; 1) t':er-_ N. C5' --"-= :. 225.37 3 3) thence S. 07°33'25' I..:feet; 305.89 feet; 4) thence S. 73°00'58" W. 569•.11 feet; 5) thence S. 89°47'19" W. 537.93 feet 6) ,thence N. 00°10'31" E. 259.94 feet; 7) thence N. 65°01'59" E. 337.02 feet; to the True Point of Beginning. Said parcel containing 9.85 acres, more or less. Bearings for this description were based on a bearing of S. 88°54'23" E. between the Northwest Corner of Section 5, Township 7 South, Range 88 West of the Sixth Principal Meridian and the North Quarter Corner of said Section 5. May 15, 1979 KKBNA/SCARROW AND WALKER, INC. 1001 Grand Avenue Glenwood Springs, CO 81601 igOBIlii Sc.now YI.Ih.. InCO. n i, Con.u,uny ing,nr,r, lana Sa.ryor, EXHIBIT "R" In 5 BUrik 545 r',c i.3U PRELIMINARY 30.00 FOOT SANITARY SEWER TRUNK LINE EASEMENT (LOWER) A strip of land, being 30.00 feet in width, situated in part of Government Lots 5 and 6 of Section 9 and Government Lots 3, 4 and 8 of Section 8, all in Township 7 South, Range 88 West of the Sixth Principal Meridian in the County of Garfield, State of Colorado; said strip being 15.00 feet each side of and parallel to the following described centerline: Beginning at the Northeast Corner of said Section 8, a stone corner found in place and properly marked, thence S.54°29'05" E. 1537.27 feet to a point in a fence line, the True Point of Be- gin_ nine for said 30.00 foot strip; thence, leaving said fence line, S.85°.24'12" W. 232.12 feet; thence N.37°20'23" W. 187.91 feet; thenceS.75°31'03" W. 129.81 feet; thence 5.70°29'06" W. 315.17 feet; thence S.63°06'34" W. 267.54 feet; thence S.63°53' 02" W. 236.46 feet; thence S.81°23'17 W. 229.49 feet; thence S.83°51'10" W. 146.58 feet; thence S. 80°53'40" W. 308.43 feet; thence N.77°18'08" W. 277.32 feet; thence N.88°11'22" W. 288.89 feet; thence N.08°50'36" W. 220.00 feet; thence S. 88°55'50" W. 440.53 feet to a point on the "Westerly Line" for County Road Number 114 (College Road) as described in Document Number 274609 (being Book 488 at Page 920) as on file in the Garfield County Records, the Point of Terminus for said 30.00 foot strip. Bearings for this description were based on a bearing of S.88° 54'23" E. between the Northwest Corner of Section 5, Township 7 South, Range 88 West of the Sixth Principal Meridian and the North Quarter Corner of said Section 5. July 3, 1979 KKBNA, INC. 1001 Grand Ave. Glenwood Springs, CO. 81601 • • bi)1X 545 Per,E_ii S1 BILL OF SALE DELI1'EN'•:,7 •i • ., 2 8 1980 KNOW ALL MEN BY THESE PRESENTS, THAT COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT, a junior college district organized under the Colorado statutes, party of the first part, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid at or before the ensealing or delivery of these presents by SPRING VALLEY SANITATION DISTRICT, a Colorado saniAation district, party of the second part, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does grant and convey unto the said party of the second part, its successors, or assigns, the following property, goods, and chattels, to -wit: The aerated lagoons and any other facilities appurtenant to and used for the transmission, treatment, and disposal of sewage located on the property more particularly described in Exhibit "A," attached hereto and incorporated herein by reference. TO,HAVE AND TO HOLD the same unto the said party of the second part, its successors, or assigns, forever. And the said party of the first part, for itself, its successors, or assigns, covenants and agrees to and with the said party of the second part, its successors, and assigns, to WARRANT and DEFEND the sale of said property, goods, and chattels hereby made unto the said party of the second part, its successors, and assigns against all and every person or persons whomsoever, subject to easements and rights-of-way for utilities and drainage, and subject to reservations and restrictions of record. IN WITNESS WHEREOF, the party of the first part has caused its name to be hereunto subscribed by its Chairman, and its Seal to be hereunto affixed, February, day of )541sasaaxs�, 1980. attested by the Secretary, this 25th C,. COLORADO MOUNTAIN COLLC'.GEr' ' I � "r` By Ri•Otx ' x!XX. 101)1X,":'IS.' 3XI017X),Kcc - F. Dean Lillie, Presic�Cntt' Ix6uq(T. cxxXxXko(y1;xYaxxagaxxx xrr txrARtigxaa mtRKR a (SEAL) isox r r .'.! STATE OF COLORADO ) ss. County of Garfield ) The foregoki,nr instrument was acknowledged before me this 25th day of ,� y` ; 1980, by NixcktI:NXXXXM :> :X,tMcwCilMX:rmXXt:; VaiikKAWC4QC P. Dean Lillie, President, Colorado Mountain College. Witness my hand and notarial Seal. My.,Commission expires: `v 1't)C�� ... _ of: c July 28, 1981 -2- .Boo.Bootc 545 fiGE3_: i3 • EXHIBLT "A" KKBNA S<« r • In,orp°urn o• . �,•,. ,. Lang, Swwyo.` :'r0.•• „ «.d Nf. SANITARY SEWAGE LAGOON PARCEL DESCRIPTION A parcel of land situated in part of Government Lots 4, 5, 6 and 7 of Section 9, Township 7 South, Range 88 West of the Sixth Principal Meridian in the County of Garfield, State of Colorado. Said parcel being bounded by a fence line as constructed and in place. Said parcel being more particularly described as follows: Beginning at the Northwest Corner of said Section 9 (being also the Northeast Corner of Section 8 in said Township and Range) a stone corner found in place and properly marked; thence S. 54°29'05" F. 1537.27 feet to a point in said fence line, the True Point of Beginning; thence the following seven course's along said fence line; 1) thence N. 65°01'59" E. 325.97 feet; 2) thence S. 81°10'33" E. 445.42 feet; 3) thence S. 07°33'25" E. 305.89 feet; 4) thence S. 73°00'58" W. 569.11 feet; 5) thence S. 89°47'19" W. 537.93 feet 6) thence N. 00°10'31" E. 259.94 feet; 7) thence N. 65°01'59" E. 337.02 feet; to the True Point of Beginning. Said parcel containing 9.85 acres, more or less. Bearings for this description were based on a bearing of S. 88°54'23" E. between the Northwest Corner of Section 5, Township 7 South, Range 88 West of the Sixth Principal Meridian and the North Quarter Corner of said Section 5. May 15, 1979 KKBNA/SCARROW AND WALKER, INC. 1001 Grand Avenue Glenwood Springs, CO 81601 • • EXHIBIT 11 LEGAL DESCRIPTION, SPRING VALLEY SANITATION DISTRICT • 'LEGAL DESCRIPTION SPRING VALLEY SANITATION DISTRICT ,iocordc:i30-0`«o— M• ��AN�10A� R000pCic�n N. , :_ ,8.3' Mildred A•lsdorr, Reoordc•r IN THE DISTRICT COURT IN AND FOR THE COUNTY OF GARFIELD AND STATE OF COLORADO Civil Action No. 79CV223 IN RE THE ORGANIZATION OF SPRING VALLEY SANITATION DISTRICT,) ss. GARFIELD COUNTY, COLORADO Boox 542 PAGE 72 NOTICE OF ORGANIZATION TO THE COUNTY'CLERK AND RECORDER, GARFIELD COU TY, COLORADO, AND TO THE DIVISION OF LOCAL GOVERNMENT OF THE S4TE OF COLORADO:. '4"Pursuant to. the provisions of Section 3 -1-104, Colorado Revj.sed'Statutes.1973, as amended; NO'T'ICE IS HEREBY GIVEN. That by Order and Decree of the District Court in and for the County of Garf field and State sof Colorado, entered" on'. the 2nd day of January, 1980, filed in the office of the County Clerk and Recorder of\said County on the 9th day of January, 1980, as Document No. .and in the office: of the County Asse3sor .of said Comy on the 9th day of January, '1980, the Spring Valley Sanit\ tion Dis- trict, in the County of Garfield and State of Colorado, has been duly formed and organized pursuant to the laws of the•State of Colorado thereto relating. NOTICE IS FURTHER GIVEN That the description' of the area concerned with said District, being the area included within the boundaries thereof, all of which is located within Garfield County, is as follows: - 1 - • BOOK 54ti 14CE 74 A parcel of land situated in pa=t of Government Lot 4 in Section 8, Township 7 So.2th, Range 88 West of the Sixth Principal Meri- dian, Government Lots 4 and 6 of Section 6 in said Township and Rance, Section 3 of said Township and Range, and Government Lot 7 and the SE: -S=L of Section 32, Township 6 South, Range 88 West Of the Sixth ?rincipal *;eridian, and Government Lots 18 and 19 in Section 33 of said Township 6 South, Range SS West. All in the County o. Garfield, State of Colorado. Said parcel lying westerly and northwesterly Of the "Westerly Line" of County Road Number 114 (College Road) as described in Document Nuzioer 274609 (being Book 488, Page 920) as on file in the Garfield County Records; (NOTE: The bearings on said "Westerly Line" have been rotated for this description 000121 :1_2" right to match basis of bearings) northeasterly, in part, of the centerline of a 30.00 foot sanitary sewer trunk line easement. Said parcel being more particularly described as follows: Beginning at the Northeast Corner for said Section 8, a stone corner, found in place, and properly marked; thence N. 09°41' 40" . E. 1134.05 feet to a point on said "Westerly Line" of County Road Number 114, said point beingalso on the easterly line of said Section 5, the True Point of Beginning; thence,leaving said easterly line, S. 72`'19'48" W. 613.04 feet along said "Westerly Line"; thence S. 64°22'32" W. 392.30 feet along said "Westerly Line"; thence S. 44010150".W. 132.65 feet along said "Westerly Line"; thence S. 32°19'12" W..1473.78 feet along said "Westerly Line"; thence S. 15°10'20" W. 144.01 .feet along said "Westerly Line"; thence S. 03°24'30" W. .252.65 feet along said ,"Westerly line" .to .a ..point 15.00 feet'southwesterly of the centerline of said 30..00 Toot 'sanitary sewer trunk line easement; thence, leaving said -"westerly Line" along. the southwesterly easement line of said 30.00 foot easement Whose centerline is described as follows: thence N. 03624130" E. 16.49 feet along said "Wester- ly Line" to the point of beginning; thence, N. 62°02'06" W. 76.11 feet along said centerline; thence N. 68°42'34" W. 28475 feet along said centerline;. thence N. 28°12'44" W. 392.49 feet along said centerline; thence N. 03°45'18 3..222.69 _feet alongsaid centerline; thence N. 17°45'09". W. 310.70 feet along said center- line; thence N. 43°05'32" W. 228.37 feet along said centerline; thence N. 54°43'.45" W. 277.91 _feet along said centerline; thence alone said centerline along a curve to the.left, having a radius of 355.04 feet and a central 'angle of 34°12'04", a distance of 212.53 feet (chord bears N. 78°57'54" W. 209.39 feet) to the point of terminus of said 30.00 foot easement centerline; thence, leaving said southwesterly.easeme, line,'along said easement line extended 15.0 feet; thence northerly to the northwest c^= -:e- of the intersection of Lane C and lane -3 West as constructed y in place; thence northwesterly -along the southeast right-of-way' BOOK.' PAGE 73 line of Lane C to the intersection with the centerline extended of the sa jza_'v sewer trunkline easement as recorded and in place, said easement beinc the easement containing the sanitary sewer ES constructed and n place between, Drive r`. and Lane C; thence 15.0 feet n orth•,.estey alonc said southwest richt-of-way line; thence northeasterly alone the northwest easement line of said sanitery se'r'e= • G asement to the SOL'thwesterly right-of-way line of Drive .; as Constructed and in place; thence northwesterly along said south- westerly right -o' -way line oc 'Drive is as constructed and in place to a point, said point being the intersection of the southwesterly extension o= the northweste1y riga-of-way line of Lane E and said southwesterly right-of-wav line; thence northeasterly to the north corner o_ tne intersection oc Lane E and.D=ive F as con- . _ z_ acted and in place; thence nort_heesterly along the northwesterly r i cnt-o_`-wav line of Lane _ as const_uctec and in place to a paint cn the Lane _ cul-de-sac, said point being the point of intersec- . do with -the Lane E right-of-way centerline extended; thence ,northeasterly along the west grope:ty line of lot 53 as platted and in place, said lot being Acre ?articularly identified as lot • 53 of the approved ?reliminary Plan for Los Amigos Ranch Subdivi- sion ubdivi- sion No. 2 (Scheme C)., to the north property corner of lot 53; thence_ southeasterly along :the northeasterly propertly lines .of • said lcts 53 and 55• as platted and in place to the northeast angle point of said lot 55 as platted and in place; thence southeasterly .alone the easterly propertly lines of .lots 55; 57 and 62 as platted and in place to the intersection with the northerly right-of-way line of Lane F as •constructed and in place; thence easterly alcnc said northerly right-of-way line to the northwest corner Of the • intersecti-on of Lane F and Lane D as constructed and in place; thence northerly along the :westerly 'right-of-way line of Lane D J - - . as constructed and in place to the south property corne: of lot 77 • aS platted and in place, ,said lot being more particularly identi- fied as lot 77 of said approved Preliminary Plan;• thence north- westerly along the.southwesterly thwesterly property line O_r lot 77 Ls platted ••:;and in place to: the southwest property corner; thence northerly .along the westerly property lines of said lot 77 and the water stcrace site as platted and .in place to the northwest property Corner of the water storage site as platted and in place, said corner beinc on the northerly line of said Section 5; thence S 89043'26" E. along Said northerly line to the southwesterly corner of the SE SSE: of said 'Section 32; thence- leaving said northerly line N. 01048'29" E. 2601.65 feet along the westerly lines of said 551 and Government Lot 7 of said Section 32; thence, leaving said .westerly line S. 89°00'23" E. 139.01 -feet alonc said Lnt 7 boundary; thence S. 01°41'27" W. 475.48 'feet along said Lot • 7 boundary; thence•S. 87°15'05" E. 1179.82 feet along said Lot 7 boundary; :to a point on the easterly line of said Sect'i_cn ' 32; thence.S. 01014'01" W. 2073.04 feet along said easterly line to the Southeast Corner of said Section 32; thence, leaving the -east- erly line of said Section 32, S. 00°04'37" W. 2685.36 fee= along the eaSte:ly line of said Section 5 to the East Quarte: Ccrne: of said Section 5; thence S. 00°32'12" W.•1445. 52 feet along the easterly line of said Section 5 to the True Point Of Eecinninc. Also including all of Government Lots 18- and 19.of Section 33, lc' -.-ship 6 South, Rance 68 {':est Of the Si?:th Principal Meridian. Save and except all those lands a5 described in Document Num'ser 256352 (being Eook 438 at Pace 540), as on file in the Ga -`==d CoLn.ty records, which lie within the above described parcel. Excepting lot i of the approved Prelimina_. =tan for Los :_.cis Ranch Subdivision No. 2,' said lot being more particularly da - 5 as the existing 'n frz7.e' and lot as tla•tted and in EEL= parcel containing 500 ac=es, more cr less. t ioe_ of ,saki teoun " ',arlieid,�Btate o! pert l It ei0ataiiy_ IT'iw t Garff..=� 4f , rise �Y t elr "ot` fob 0 4)47, 81'151Q ._ bsnc.! 31,108'38 t2�itJi 551131!,40'`', ; 0. - ., '' , • W 110.00 feetult• _.„•;,14 terly 93.11 feet along the arc of a . . t- 71 curve to=therrui tilsa ,"1-1 . ing a radiu9 of 1216.02 feet, a delta c• , arrjle of 04:2 414"'ind 'a chord of N 11'4112" w 93.09 feet: (3) lbenOe 09 9!34 1-1i/kfeett (4) Thence northeasterly 358.33 feet'along _. arclOf'S <-1„the right, said curve having a radius of 660.18feri del' )4 '5'55" ani subtending a chord of N 06.03'23.7. 8 -35 195-fei ::1)[7-1 5) N 21'36'21" E 29.67 feet; thence (6)-hortiiiiileer. 288.89 I:1": • the arc of a curve to the right, said curveliaV a-rad .$.055 feet a delta angle of 20'2818" and sthteix114., -" r 111,rt 30" 8 287.36 feet; thence (7) northeasterfi-/J2V45 fee ir.--: : *4rc of a curve to the right, said curve having'67e#ius ofTfc-';r vet a delta angle of 627'16' and subtending a:10.94 of 14 Ov11--'125.38 feet: thence N 00'16'34" E 878.55 feetbo',4Trfoini:.; ly line c4 Section 5; thence 5 894326" 8310:98=feet• .:: "Id northerly line to the southwesterly corner of thi-SE7,4 or =-4_, of said Section 321 thence leaving said northerly-lpe N 00: .,. 2601.65 feet along the westerly lines of said-5C11/4 of_ :‘.-i-.1)1 .and Government Lot 7 of said Section -0- , 32: thence leiViiii saidimp ivIn. S 89'00'23" 8 139.01 feet along ,. said Lot 7 boundly; thew, 41'27' W 475.48 feet along said Lot 7 boundary; theneq;57'151 -1_4.,-i .79.82 feet along said Lot 7 boundary - 4, to a pofnt onitheFeasiii „ orsaid Section 32y thence 5 01"14'01" W'207304 feet-aiong saldj 'h, line bo the southeast corner of said Section 32, thence lir,MI:eh easterly line c/ said Section 32 5 0004'37" W 2685.36 feet1:14 easterly line of said Section 5 to the E 1/4 corner of salisi*4. 51 thence 5 0032'12" W 1445.52 feet along the easterly line 6f: 'Section 5 to the true point of beginning. Also incluJingreli*of GovetTwn18 -xJ 19 of Sectjon 33, Thmsh1p 6 South, Range 881West ofItt Save and accept all thos4Tia asdescribed in Docusent No. 256352 . (being Bock 438-at-page 540) liU'-' file in the Garfield County Reccrds, whichaje,withi4th '' described parcel. _. Areliminary plan for Los Amigos Ranch sore particularly described as the d and in place. D/STR1CT COURT, COUNT/ OF GARFIELD, STATE OF COLORADO if ORDER CONFIRMING EXCLUSION OF PROPERTY The Organization of Spring Garfield County, Colorado THIS MATTER came before the Court upon the Notion For An Order Confirming Exclusion of Property submitted by Spring Valley Sanitation District accompanied by the filing of a Certified Copy of Order of Board of Directors of Spring Valley Sanitation District Granting Petition for Exclusion of Property, and the Court being advised in the premises, therefor, DOES ORDER, ADJUDGE AND DECREE that the real property set forth on Exhibit A, which is attached hereto and incorporated herein by this reference, be, .nd the same hereby is, excluded from Spring Valley Sanitation District, Garfield County, Colorado, and Spring Valley Sanitation District is ordered to give notice of such exclusion in the method and manner provided in section 32-1-105, C.R.S. DONE IN OPEN COURT thio "IL' day o OLSTRIL OURT OF C. r,"""GaNIA1( SPRING:-. )RAD()0. V •, fun, tit* BOO ' 'fOrt COPY 04 OW 4'..4°1404MO*1.01'...;014001V t 4tel „Ai Lit Icol • v inat rMCf A; A parcel et lard sitwatod in pact of Covernoent tet. S 10 and ' in Section f, 'A6wnahlp 7 South, Range SS test of tea 4TMth Principal thrtdlam being more particularly d•scribod rig follow**;. y ..ginning at the Northeast Corn.r.ol Notion S la .1161 and • stone township. yn.townsh ,rfound place nd 1sacked; thence 10NS0f.etlthenceS.93'06NSS•iy, fist to the 'tug Point of SolnnlnfS.,'MIS!et1 thence 5.72.6166"w. S01.34 feet, thinosM.1S•1440h1. )19.1.1 Leet; thence M.72•37•26•L. 291.91 loot; theme• N.S7'66'76"t. 371.00 feet; thence 6.)2'17'21•[. 2$S.o0 feet! thence S.2S'S0'O6•L. 320.27 feet to the True Point of Seglnnlq, containing 7.313 sores, sere ec loss. NACT e, A parcel of and situated 1n pert of Government Lot. 6, 10 sod 11 in Section 3, Township 7 South, Range SS Nest of the Sixth Principal Meridian, being more particularly described as foll.w.s S' and Range, • beginning at the Northeast Cotner of Section 1 In acid fswnshlp thence .00.02e1,14 one e1041.55rner ufeetnd ,� the cTrue Point o0 e and prowl, astral; thence 5.19.05'06'M. 51.67 t••t; than• N. • 329.27ng! teed thence M.)2'13'26"M. 255.00 feet thence 726.27 611.14 feet; thence ..25.64'•5.1. 1 theete '7•int •n notthw•ateaiy right-of-way576.5t feet t point on the 5.67'16'41"M. 107.77 feet along said oright of-way line; the th 152.79 foot *long the arc of a curve to the left yalong said ne right-of-way line, having • radius of 354.33 feet and a chord ..Ilion bears 1.49'25'54'M. 141.67 feet; thence S.31•21•31'14. 102.51 feet •long said right-of-way line to the Trim Point of Beginning, containing 7.115 acres, tor• or 1•ss. (in the Stater of Colorado •n0 County of Carll•10); and LX11apT 'A" Pnge 1 or 2 • • •-c fry 692 om93': ENGIN(EAi 1 GOMsr117Q LEGAL 0I.171141'f.t.144 h,l4vrty tat be *-Mn.ia..l t pat ,..•1 c.l 144.1 ,••4• to ;l•'itl.,n 1, 11.n,p.4r• 7 Stvtr., it11I. as a.st "t+• Sixth In"...It:Al tbrtdi an trim 22••r• part l.ulY ly .1r..•r«ww1 M • at a 1.,1441 .n 4he UM ntery 11.4h1 -.4f-vuy Of ..ayt .ar 44-00 4n L. A•. I Ital ..7 YI Ltq No. 7 anti„ rN>xMd In row Cl.rk ant tayia fat • • : , • CI•Inty of C.1114•7,1. Stat• of (,,7..t '.. w 4.t 4..444 472.0 I>♦u.l .r I r.• unrtr:.,.atot : y nwrnl.try of tM Spr too Vali•ty Sanitaf 4... 0utrtce. .144... 474. nort ,a•aat (nrrt•r Of' Suet pw, 11, a s.W 44..444., (1444/1 In 4 •..... .1st pr. I.. ly a.(kt.l, brats 5 29'(10. i' 1 ).4..9'. t..t. ran all • at tnls aw.tay...t tter.in tr•1ry Mat w• t,. said Surirrl Valley .4.47.54 wv.a44 ..• 04 Sr, Ocaww. t tlary; thtr'. ti i1': 4' 1'0 C I r; RECORDED AT 0 -CLOCK? .M. AUG 2 6 19 REC # 4516 - MILDRED ! LSDJRF, COUNTY ERK DISTRICT COURT, GARFIELD COUNTY, COLORADO Case No. 79CV223 BOOK 873r379 ORDER CONFIRMING EXCLUSION OF PROPERTY IN RE: THE ORGANIZATION OF THE SPRING VALLEY SANITATION DISTRICT, GARFIELD COUNTY, COLORADO THIS MA HER, having come before the Court on the Petitioner's Motion for Order Confirming Exclusion of Property, and the Court being duly advised in the premises makes the following findings of fact: 1. The Board of Directors of the Spring Valley Sanitation District, a Colorado special district, adopted a Resolution approving exclusion of the real property described in Exhibit A attached hereto on July 27, 1993. 2. The notice and public meetings requirements of C.R.S. §32-1-501 have been met. IT IS, THEREFORE, ORDERED: 1. The property described in Exhibit A attached hereto and incorporated herein by this reference shall hereinafter be excluded from the Spring Valley Sanitation District. 2. Pursuant to C.R.S. §32-1-50:3, after the date of exclusion from the District, the property shall not be subject to any property tax levied by the Board of Directors for the District's operating costs. 3. The excluded property shall not become obligated for the payment of bonded indebtedness created after the date of this Court's exclusion order. 4. The change of boundaries of the Spring Valley Sanitation District as a result of the exclusion of the property described in Exhibit A shall not impair or affect the organization of the District, nor shall it affect, impair, or discharge any contract, obligation, lien, or charge for which the District might be liable or chargeable had the change of boundaries not been made. 5. Pursuant to C.R.S. §32-1-105, the Spring Valley Sanitation District shall file this Order Confirming Exclusion of Property with the Garfield County Clerk and Recorder. The C: \FILES\SPRINGA. I OR August 9, 1993 2b' • • BOOK 6 Iti nci j6U Garfield County Clerk and Recorder shall notify the County Assessor of this exclusion and shall file a certified copy of such notice with the Division of Local Government. / Entered this /� day of C . 11993. BY THE COURT T. PETER CRAVEN CAF1IES\S PRINGA.1 O R August 9, 1993 -2- District Judge 03) 945-1004 \X (303) 945-5948 SGM SCNMUESER GORDON MEYER ENGINEERS SURVEYORS • BOOK 873 :‘!Gf 381 1001 Grand Avenue, Suite 2E Glenwood Springs, CO 81601 Exhibit A (page one) Legal Description: Area to be deannexed A parcel of land to be deannexed from the Spring Valley Sanitation District, said parcel being located in Section 5, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Go. being more particularly described as follows: Beginning at a point whence the northeast corner of Section 8 of said Township 7 South and Range 88 West bears S 75-36-53 E 2986.39 feet; thence S 01-04-31 W 280.97 feet; thence N 21-00-37 W 179.25 feet; thence N 22-55-55 W 175.98 feet; thence 94.59 feet along the arc of a curve to the right having a radius of 120.00 feet, a central angle of 45-09-54 and subtending a chord bearing S 78-37-07 E 92.16 feet; thence S 56-02-10 E 14.81 feet; thence 41.76 feet along the arc of a curve to the left having a radius of 560.01 feet, a central angle of 04-16-21 and subtending a chord bearing S 58-10-20 E 41.75 feet to the point of beginning, said parcel containing 0.47 acres more or less. • (303) 945-1004 FAX (303) 945-5948 SGM SCHNUESER CORDON NEPER ENGINEERS SURVEYORS • BOOK 873p>:cc'382 1001 Grand Avenue, Suite 2E Glenwood Springs, CO 81601 Exhibit A (page two) Legal Description: Area to be deannexed A parcel of land to be deannexed from the Spring Valley Sanitation District, said parcel being located in Section 5, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Co. being more particularly described as follows: Beginning at a point whence the northeast corner of Section 8 of said Township 7 South and Range 88 West bears S 55-39-34 E 4099.43 feet; thence S 13-27-58 W 324.81 feet; thence S 09-30-04 W 357.94 feet; thence S 53-02-43 E 166.99 feet; thence 101.60 feet along the arc of a curve to the left having a radius of 259.99 feet, a central angle of 22-23-22 and subtending a chord bearing S 64-14-24 E 100.95 feet; thence S 75-26-05 E 112.78 feet; thence S 16-27-59 W 297.36 feet; thence S 49-11-35 W 84.57 feet; thence N 41-07-56 W 43.22 feet; thence N 30-28-43 W 222.78 feet; thence N 46-02-10 W 273.70 feet; thence N 39-08-38 W 221.77 feet; thence N 50-18-26 W 129.96 feet; thence N 55-33-40 W 212.19 feet; thence N 51-20-25 W 96.05 feet; thence N 33-12-07 E 334.41 feet; thence N 34-42-41 E 59.99 feet; thence 167.16 feet along the arc of a curve to the left having a radius of 209.17 feet, a central angle of 45-47-14 and subtending a chord bearing S 78-11-16 E 162.74 feet; thence N78-55-07 E 227.57 feet; thence 108.61 feet along the arc of a curve to the right having a radius of 414.77 feet, a central angle of 15-00-11 and subtending a chord bearing N 86-25-13 E 108.30 feet; thence 71.50 feet along the arc of a curve to the right having a radius of 280.00 feet, a central angle of 14-37-53 and subtending a chord bearing S 78-45-45 E 71.31 feet to the point of beginning,said parcel containing 10.92 acres more or less. RECORDED 1 � ''v 0-CLOCK P.M. AUG 2 ti lyy REC MILDRED ALSCORF, COUNTY RK' DISTRICT COURT, GARFIELD COUNTY, COLORADO Case No. 79CV223 BOOK 873.'Mc 376 ORDER CONFIRMING INCLUSION OF PROPERTY IN RE: THE ORGANIZATION OF THE SPRING VALLEY SANITATION DISTRICT, GARFIELD COUNTY, COLORADO THIS MATTER, having come before the Court on the Petitioner's Motion for Order Confirming Inclusion of Property, and the Court being duly advised in the premises, makes the following findings of fact: 1. The Board of Directors of the Spring Valley Sanitation District, a Colorado special district, adopted a Resolution approving inclusion of the real property described in Exhibit A attached hereto on July 27, 1993. 2. The notice and public meetings requirements of C.R.S. §32-1-401 have been met. IT IS, THEREFORE, ORDERED: 1. The property described in Exhibit A attached hereto and incorporated herein by this reference shall hereinafter be included within the Spring Valley Sanitation District. 2. Pursuant to C.R.S. §32-1-402(1)(b), after the date of its inclusion in the Spring Valley Sanitation District, said property shall be subject to all of the taxes and charges imposed by the special district and shall be liable for its proportionate share of existing bonded indebtedness of the special district; but it shall not be liable for any taxes or charges levied or assessed prior to its inclusion in the special district. 3. Inclusion of the real property described in Exhibit A in the Spring Valley Sanitation District is not subject to or contingent upon the payment or assumption of any tax, rate, fee, toll, or charge, other than the taxes, rates, fees, tolls, and charges which are uniformly made, assessed, or levied for the entire district. 4. After the date of inclusion, the property described in Exhibit A shall be liable for its proportionate share of annual operation and maintenance charges, and the cost of facilities of the special district and taxes, rates, fees, tolls, or charges shall be certified and levied or assessed therefor. C:1f1L ES\SPRING.1 OR August 9. 1993 • BOOK 873 : hrF 377 5. The change of boundaries of the Spring Valley Sanitation District as a result of the inclusion of the property described in Exhibit A shall not impair or affect the organization of the District, nor shall it affect, impair, or discharge any contract, obligation, lien, or charge for which the District might be liable or chargeable had the change of boundaries not been made. 6. The District's facility and service standards which are applied within the area described in Exhibit A shall be compatible with the facility and service standards of adjacent municipalities. 7. Pursuant to C.R.S. §32-1-105, the Spring Valley Sanitation District shall file this Order Confirming Inclusion of Property with the Garfield County Clerk and Recorder. The Garfield County Clerk and Recorder shall notify the County Assessor of this inclusion and shall file a certified copy of such notice with the Division of Local Government. Entered this C:\FIIFSVSPRING.IOR August 9. 1993 day of `, 1993. BY THE COURT is PETER CRAVEN District Judge • Exhibit Z.. Legal Descrz;vtion.. Area lo be Annexed - • BOOK 873378 44 parcel of land to be annexed into the Spring Valley Scznitation • District, sazd parcel being localea' 'in Section 6; Township 7 South, - Range 88 /Fest of the 6th Princz;val kerdZaY Catt7213/ of Carfiel4 Slate of Colorado, said parcel being more particularly described •as _ follows.. Beginning at •a point whence the Northeast corner of Section 8, said • Township 7 South, Range 88 Kest bears South 71 degrees 87 minutes 36' seconds. Bast KS 71'37'36 AY, a distance of 8306:82 feet;. thence • . North 81 degrees 15 minutes 01.seconds ,fest KN.815101" ft a dz:stance of 11000 fee4- thence . •-• • .: • •:,• • •:. - North 11 degrees -07. minutes seconds Ifest-KN.1l'07156'."1.3"),• a distance of 8.9.27 fee4. thence - . South 1.9 degrees 11 minutes 3.5 seconds -Fest (s..1.971'..Zr AF), a distance of 17.58 feet; thence • - .."— - . • • South 00 degrees • 1.9 - minutes " 21 Seconds _Fast KS • 00". 49'21 a distance of 35412 feel to..a point on Me northerly 4-7,:ght-o/-Way line Pinon Drive situated in the Los Amos RanOh •Suaa'ivision Na One as recorded in the .office ..of 14e Varfiela':CoUnty Cler.4.--ond_.: • Recordenthence along said northerly right -of -r -way line'thefolleithing -• four (f) courses.' . • . . • -• • ." . .- • -• . .-• . 1] along a curve to the left .having• asraCtius•of 695.00 feet, arc length of ze.73 /eel, .della angleo/02 degrees 22 minutes 05 seconds K0722'05"),- a • chora' .bearing of South 86 • degrees 85 minutes 31 seconds. EastKS86-35'.91- 452 and -a••• chord length 0/ 28.72 feet; • . . • 2J along a curve to the • left having a radius 0/ 285 16•feel, arc length of 11517 feel della angle*f 2.9 degrees 10 minutes : second.s. K2.910'05-2 a chord _bearing of North .77 -degrees sg• minutes 23 seconds *.Z'ast KN 7738'23" .S), and a chord _length-. of 118.61 feel,- .- • • - : - .7] North 63 degrees 03-.miriutes 21..seconds:.ea.st (IV 63'0,9'21" a distance .. -of 123.81 fee‘• • -•:.. • .-• -* • • -• • . se] along a •curve -• to the rightz nidius 180.00 feet,- arc lengthof 3708 feel, della angle of 11 degrees 18. 771172t11149S 06 seconds K11'18'06'),a. chord.bearing gt "Vora 661„degrees'57- . minutes 21 •seconds _Fast KN 6857'24- "5.2.. thzd a Chord length of 37.01 feet,. thence . • • • - = ' • • . . . North 22 deg-rees .55 minutes 55 seconds Kest KN. 2255'55- ify, a . distance of 212.82 feel •to the paint of beginning, said parcel • con -tains 1.865 acres more or less. - • - RECORDED .411,0 -CLOCK /9.M. REC k 4E4°1 MAR 2 4 1994 MEC ALSDORF, GARFIELD COU CLERK BG040896 PG[ i 99 DISTRICT COURT, GARFIELD COUNTY, COLORADO Case No. 79CV223 ORDER CONFIRMING EXCLUSION OF PROPERTY IN RE: THE ORGANIZATION OF THE SPRING VALLEY SANITATION DISTRICT, GARFIELD COUNTY, COLORADO THIS MATTER, having come before the Court on the Petitioner's Motion for Order Confirming Exclusion of Property, and the Court being duly advised in the premises makes the following findings of fact: 1. The Board of Directors of the Spring Valley Sanitation District, a Colorado special district, adopted a Resolution approving exclusion of the real property described in Exhibit A attached hereto on December 14, 1993. 2. The notice and public meetings requirements of C.R.S. §32-1-501 have been met. IT IS, THEREFORE, ORDERED: 1. The property described in Exhibit A attached hereto and incorporated herein by this reference shall hereinafter be excluded from the Spring Valley Sanitation District. 2. Pursuant to C.R.S. §32-1-503, after the date of exclusion from the District, the property shall not be subject to any property tax levied by the Board of Directors for the District's operating costs. 3. The excluded property shall not become obligated for the payment of bonded indebtedness created after the date of this Court's exclusion order. 4. The change of boundaries of the Spring Valley Sanitation District as a result of the exclusion of the property described in Exhibit A shall not impair or affect the organization of the District, nor shall it affect, impair, or discharge any contract, obligation, lien, or charge for which the District might be liable or chargeable had the change of boundaries not been made. 5. Pursuant to C.R.S. §32-1-105, the Spring Valley Sanitation District shall file this Order Confirming Exclusion of Property with the Garfield County Clerk and Recorder. The C:\FILES\S PRINGA.1 OR Much 10, 1994 • • BooX0896 P. 8OO Garfield County Clerk and Recorder shall notify the County Assessor of this exclusion and shall file a certified copy of such notice with the Division of Local Government. Entered this 15 day of March, 1994. C:1FT LES \.S P RI N G A.1 O R Much 10. 1994 -2- BY THE COURT T. PETER CRAVEN District Judge • • BocK0896 801 EXHIBIT A LEGAL DESCRIPTION - Quit Claim Deed - 0.706 Acre Parcel A tract of land situate in the southeast 1/4 of the southeast 1/4 of Section 32, Township 6 South, Range 88 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at Garfield Count;; Surveyor brass cap in place and properly marked for the center quarter corner of said Section 32; thence S 89° 00' 23" E 1314.62 feet.along the north line -of the northwest 1/4 of the SE 1/4 of said Section 32; thence S 01° 48' 29" W 1300.33 feet along the east line of .the tics 1/4 of the SE 1/4 of said Section 32 to the northwest corner of the SE 1/4 of the SE 1/4 of said Section 32 and the true point of beginning; thence S 39° 22' 07" E 52.79 feet along the north line of the SE 1/4 of the SE 1/4 of said Section 32 to a fence line as built and in place; thence S 04° 24' 02" W 11.56.35 feet along said fence line to a point on the west line of SE 1/4 of the SE 1/4 of said Section 32; thence M 01° 43' 29" E 1154.57 feet along the west line of the SE 1/4 of the SE 1/4 of said Section 32 to the true point of beginning, containing 0.70G acres more or less. • • EXHIBIT 12 Site Application No. 3278, July 11, 1979 Site Application No. 4015, February 6, 1992 Site Application No. 3278, May 11, 1994 M11191111111111N1• 11110 SITE APPLICATION NO. 3278 COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT AND ROBERT W. CHATMAS COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE • DENVER, COLORADO 80220 • PHONE 320-8333 July 11, 1979 Colorado Mountain Junior College District and Robert W. Chatmas P. 0. Box 1367 Glenwood Springs, Colorado 81601 Re: Site Application No. 3278 for Addition of aeration equipment to stabilization ponds - Garfield County Gentlemen We are pleased to inform you that the Colorado Water Quality Control Commission approved your application at its meeting held on July 2,1979 . The following conditions are applicable: This site approval will expire on July 2, 1980 If the construction of the project has not commenced by that date, you must reapply for a new site approval. o.jo, 1 i L. —• s/ D. E_ - This approval does not relieve the owner from compliance with all county regulations prior to construction nor from responsibility for proper engineering, construction, and operation of the facility. Very truly yours , Roger H. Smades, P.E., Chief Field Services Section Water Quality Control Division RHS:dec \c: Ed Feld, Garfield County Sanitarian Wriaht-McLauohlin F,noineers C ORAL;O DEPARTMENT OF Hr W F tet Quality Control Divisic__ ll 210 East llth Avenue enver, Colorado 80220 REQUEST FOR AMENDING A PREVIOUSLY ISSUED Silt. APPROVAL (Snhmit in Duplicate) Applicant: COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT and ROBERT W. CHATMAS (CMC) P.O. Box 1367 Glenwood Springs, CO 81601 and Robert W. Ch ttma c/o Sundesigns Architects, 13151 Grand Ave., Glenwood Springs, L0 x1601 Adx cess: INFORMATION REGARDING PROPOSED PROJECT: 1. Nature of modification: stabilization ponds. The addition of aeration equipment to existing 2. Will this modification increase the capacity of the t_reatnt facility? Yes . If yes, present capacity is 32,000 gpd (hydraulic) and 64 pounds per day (organic). Expanded capacity is 52,000 gpd (hydran1ic) and 104 pounds per day 3. Estimated project cost of modification - Estimated bid opening date: Estimated completion date: $66,000 (organic). 1 August 1979 31 October 1979 4. Has Regional Planning Office reviewed? (Attach letter from agency.) (See Page 2) 5. If there is any substantial modification to your original application, it is necessary to resubmit an original site with this form. Please contact the Water Quality Control dere-mi np if th i s modification is substanti. This application includes 5728 feet of 8" Date Date WQCC approved 1/77 11f1-Z-Rl��„--77-L(11 to serve 96 site approval approval form Division to apartments. /Z/ ignafure of Appl ant ._ Signage of applicant ,tci duo.. L7 wnU1vi u1 V1 , All Copies Atta d) .t10 East lith Ave.; Denver 1lo. 80220 APPLICATION FOR SiTE APPROVAL OF SEWAGE COLLECTION FACILITIES AND SMALL LIFT STATIONS Required if: A) Serving MORE than Twenty Persons and MORE than 2,000 GPD of flow and/or B) Lift station hav n less than 20,000 GPD capaac ty. g]//1 - Applicant: COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT and ROBERT W. CHATMAS CMC, P.O. Box 1367, Glenwood Springs, CO 81601 Phone 945-8691 Address: c/o Sundesigns Architects, 13151 Grand, Glenwood Spgs Phone:945-2201 .Name and Address of Consulting Engineer: Wright -McLaughlin Engineers, 2420 Alcott St. Denver, CO 80211 Project: 792-32 A. Size of Lift Station: County: Garfield N/A gpm B. Sizes and approx. lengths of Sewer Lines: 8 inch 5728 ft. inch. ft. inch. ft. Inch ft. C. Average flow when fully developed: 0.5 mgd. D. Will any structure serviced.by the collection facilities be located in a 100 year flood plain? . No E. Connection: discharge directly to the intake structure of existing treatment works This sewer system will ocxxxxxtxxbomKxxxxinxotx>ocidoddogooeootec owned by Co l o. Mountain College whic Afaxxiax. or District xxxxot approved this connection on 6-4-79 Approved Date )st44,c Signatureand-`fl tie F. Treatment: Treatment Entity Colo. PrescL Mountainliege will increase treatment )Ua40(eNtc capacity and No agrees to treat this sewage Date 6-4-79 Yes/ Signature and Title G. Comments of Governmental Authority (City or County): This project (meets) WccxXoNxa(15.a) our planning requirements for the service area. Recoperyd) Approval X- Disapproval No Comment 6-4-79 ature and -.1 Date H. Applicant's Signature Applicant's Signature ! Date Mailed to Copies must be sent to local health department Council of Commenting Authority Governments. If over 50,000 gpd, also send to local and regional planning agency and to any other city or town within three miles' of the proposed facilities. (Enclose copies of postal receipt showing copies were sent by Certified Mail.) I. District Engineer comments and recommendation: 7c/ Date - % Signature ,� -�� �"l :}� J. Commission Action: The Water Quall t Control Commission (Approved)(Disapproved) this application n Gate Ch e ldServl.crss Section 7--I/-- 7 ' Date..,-,,,-;:-__,!..f_.)..--:.. Interested persons may comment to tie 46ter Quality"Coritr�l C5mmission. The application will be considered in not less than 20 !days from the date.mailed to corrrpXnting authority. . SIGNATURE OF GOVERNMEN,VFICIALS • The undersigned have reviewed the proposal for the location of the above-described wastewater treatment facility and recommend approval or disapproval in spaces provided below: Recommend Recommend No Date Approval Disapproval Comment NV79 ?( Recommend approval: Recommend disapproval: Date: -I.:CC approved 1/77 3(rev. 3-77-40) -2- Signature of Representative Local Government Cities, Towns, and Sewer: istricts) Board,of Coun FiElkCtgiY1RONMENTAL HEAT �' 2014 Blake Anne Ph. (303) 345-1: oca l Hea th Autfl PkSpnags,1olatado 8160} ai CiLq o my Planning Agency.. Re lanning Agit% -vf / Council of Gq k rnment Signature COLORADO DEPARTMENT OFAHEALTH SITE APPLICATION COLORADO MOUNTAIN COWicE5 e e axE Numbers: Main Building/Denver (303) 322-9076 Ptarmigan Place/Denver (303) 320-1529 4210 East llth Avenue Denver, Colorado 80220-3716 Phone (303) 320-8333 February 6, 1992 Mr. Richard W. Avery Director College Facilities Colorado Mountain College 1402 Blake Avenue : Glenwood Springs, CO 81601 RE: Site Application 14015 Garfield County Dear Mr. Avery: r:-ufVE0 FEB 1 8 imcgsY ROMER Governor Furt National Bank Building/D yer (303) 355-6559 Grand Junction Office (303) 248-7198 Pueblo Office (719) 543-8441 JOEL KOHN Interim Executive Director The Water Quality Control Division has reviewed and evaluated your site application and plans and specifications for a domestic wastewater lift station and interceptor which were constructed without site application and/or plans and specifications approval in the NE 1/4 of the NE 1/4 of Section 9, T7S, R88W, to serve the Vet Tech Center at the Spring Valley Campus and to discharge to the Spring Valley Sanitation District's wastewater collection and treatment systems. Although construction of these facilities was undertaken in clear violation of provisions of Section 25-8-702 of the Colorado Water Division finds your application to -be in conformance withity the Waterl Qual, the Control Commission's "Regulations for Site Applications for Domestic ality Wastewater Treatment Works". The Division also finds the plans and specifications to be in substantial compliance with the Colorado Department of thHealth "Design Criteria for Wastewater Treatment Works" and those variances erefrom to have been satisfactorily resolved. Therefore, the site conditions listed below. pplication and plans and specifications are approved with the following 1. Based upon application information, the system design wil& be for: Average Daily Flow Capacity - 3,000 Peak Daily Flow Capacity - 4,500 gpd Treatment Processes to be Used - Lift station and interceptor Failure to comply with any conditions contained herein will render this approval void and another site ite application will have to be processed. 2. The applicant's registered engineer must furnish a statement prior to the commencement of operation stating that the facilities were constructed in conformance with plans and specifications, provided to the Division. Any variances from these documents must be so noted and justified by the engineer and/or the applicant prior to initiating operation. Mr. Richard W. Avery February 6, 1992 Page 2 3. Satisfacto pans and ry resolution of issues with respect to site approval, specifications approval, and dischargepermit issuance for the Spring Valley Sanitation District's faciliesshallbe achieved in conformance with all provisions of the Colorado Water Quality Control Act. This approval does not relieve the applicant from liability for any violations ofDivtheoW reserves y Control Act which precede the date of this letter. violations as the rightd to take enforcement action for any and all such e have occurred to date. In accordance with In aapproval is subject Colorado Water Quality Control Commission regulations, this ppgolations forbSite A appeal as stated under Section 2.2.5 (7) of Application for Domestic Wastewater.Treatment Works . This approval does not relieve the owner from. compliance with all local regulations prior to construction nor from res engineering, construction, and operation of theofacility. for proper Sincerely, David Holm, Director WATER QUALITY CONTROL DIVISION - JDH:TLB:jfJSITAPP-24,25 xc: Jerome Gamba & Associates Garfield County , Inc. - ATTN: Thomas A. Zancanella C .rfi health D - . -�. a warrent - ATTN: Jim McMurry `e ibt t y Dwain Watson, District Technician, WQCD, Grand Junction • • STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Building Denver, Colorado 80222-1530 4210 E. 11th Avenue Phone (303) 692-2000 Denver, Colorado 80220-3716 (303) 691-4700 May 11, 1994 Greg Boecker, President Spring Valley Sanitation District 2929 County Road 114 Glenwood Springs, CO 81601 Re: Site Application #3278 Garfield County Dear Mr. Boecker: Roy Romer Governor Patricia A. Nolan, MD, MPH Executive Director The Water Quality Control Division has received and reviewed your request to amend the above referenced site application to permit the construction of an additional percolation pond. As this new percolation pond will merely compensate for reduced exfiltration from the existing percolation pond and no increase in hydraulic or organic treatment capacity will be realized, the Division has no objections. Therefore, the Division hereby amends Site Application #3278 to include one additional percolation pond. This amendment is subject to the following conditions. 1. This amendment will expire one year from the date of this letter if the construction of the project has not commenced by that date. If expiration occurs, you must apply for a new approval. Construction is defined as entering into a contract for the erection or physical placement of materials, equipment, piping, earthwork, or buildings which are to be a part of a domestic wastewater treatment works. 2. The design (construction plans and specifications) for the treatment works must be approved by the Division prior to commencement of construction and all construction change orders initiating variances from the approved plans and specifications must be approved by the Division. 3. The applicant's registered engineer mist furnish a statement prior to the commencement of operations stating that the facilities were constructed in conformance with approved plans, specifications, and change orders. In accordance with Colorado Water Quality Control Commission regulations, this approval is subject to appeal as stated under Section 2.2.5 (7) of "Regulations for Site Applications for Domestic Wastewater Treatment Works". • • Page Two May 11, 1994 Spring Valley Sanitation District This approval does not relieve the owner from compliance with all county regulations prior to construction nor from responsibility for proper engineering, construction, and operation of the facility. Sincerely, . David Holm Director Water Quality Control Division JDH:TLB:cm/Siteapp.5-60,61 xc: Schmueser Gordon Meyer - Attn: Dean Gordon Garfield County Sanitation & Planning Department - Attn: Mark Bean Thomas Bennett, Sr. Planner, WQCD Dwain Watson, District Technician, WQCD David Akers, Permits & Enforcement, WQCD • • EXHIBIT 13 SEWAGE TREATMENT SERVICE AGREEMENT July 2, 1979 • • r • C SEWAGE TREATMENT SERVICE AGREEMENT SEWAGE TREATMENT SERVICES AGREEMENT THIS AGREEMENT Is made and entered into this a,,c day of 3.,L 7 1919, by and between COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT, a junior college district organized under the Colorado statutes (the "College"), and the owners of the LOS AMIGOS RANCH P.U.D.: ROBERT W. CIIATMAS, JAMES A. R. JOHNSON, and THOMAS E. NEAL (collectively "Los Amigos"). RECITALS The College owns the real property described on Exhibit "A," attached hereto ani incorporated herein by this reference (Che "College Property"), upon which it la presently operating a sewage treatment facility serving the College operations. Thls`sewege treatment facility is incomplete and is not adequate to its present condition for the College's long-term needs. The Los Amigos Ranch P.U.D. is adjacent to the College Property, and its owners desire to develop the property primarily for residential purposes, and to provide a community sewer system and • community sewage treatment facility for that portion of said property described on Exhibit "B" attached hereto and incorporated herein by this reference (the "Los Amigos Severed Property"). The topography of the two properties and the location of .the Los Amigos Severed Property indicates that it is feasible and economical to treat the sewage from the two properties at the location of the existing treatment facility on the College Propezty. Los Amtges has the necessary approvals to commence ,construction upon Its development' during the 1979 building season. Los Amigos is willing to cause the draft Service Plan dated May 18, 1979, prepared by Wright -McLaughlin Engineers, to be i 1 1 1 1 1 i i 1 1 1 1 1 1 1 revised to exclude the Lake Springs development from the proposed District bounddYYes ---• "' It is Intended by the parties hereto that ■ sanitation district to be named the Spring Valley Sanitation District (the "District") be organized under C.R.S. 1973, Sec. 32-4-101, et seq., as amended, whose service area would be the area within the external boundaries of the College Property and the Los Amigos Sewered Pro,,erty combined, as shown on the draft Service Plan prepared by Wttght-McLaughlin Engineers, dated Msy 18, 1979 (the "Plan"), atrached hereto and incorporated herein by reference for all purposes, but whose district boundaries would be the boundaries of the property described on Exhibit "C," attached hereto and incorporated herein by this reference. The College desires to commence a sewage treatment facility operators' training program, utilizing the present and future facilities which are the subject of this agreement. The College is willing to permit its present sewage treatment facilities to be upgraded and expanded to provide sewage treatment services to the two properties and to convey its f.acilities in a manner which recognizes the curriculum potential of the facilities for the College's sewage treatment facility operators' training program. The College also recognizes that the facilities and improvements to be constructed, es generally outlined in the Plan, will enhance the educational experience of the College's sewage treatment facility operators' training program. The College has reviewed the Plan and the capital improvements discussed in the Plan and conceptually agrees with and approves of the preliminary design of Phase 1. 2, 3, and 4 capital improvements set forth in the Plan. The College understands that the final Service Plan to be prepared by Los Amigos will delete the Lake Springs Ranch property from the District's boundaries but will in all other material aspects be similar to the draft Service Plan. -2- • •• The College has need of additional student housing and Loc Amigos !s willing to commence construction upon an apartment project whlcn will be rented with availability "preference to student' and etaff't 'of he e Colleg; '!n' :the'•,'"renting-`of such e nrtmcnt units. It is acknowledged that the College's existing storage treatment facilities, though ,presently _lnadoe for its present needs but, as to capacity and quality of treatment, could be upgraded by the College to satisfy Its present needs and comply with e).tsting legal requirements for an additional expenditure of approximately $50,000. It is, therefore, acknowledged that since no system development fees will be charged to the College with respect to its existing level of use, approximately 200 EQt, which the College is receiving in exchange for the conveyance of its existing facilities together with leasehold estates in the land and in the expansion land as described below, the value of the said existing facilities and leasehold estate in the District (or joint facilities as the case may be), will be approximately $125,000. •The Governing Committee of the College has found and determined that the real property or interests in real property hereinafter described to be leased and the facilities hereinafter described to be sold and conveyed are not needed by the College in the foreseeable future for any purpose authorized by law, except as provided for herein and on the terms and conditions provided for herein. NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual terms, covenants, and conditions contained herein, the parties agree as follows: 1 Intcrim_Commitmcnt._ (a:- The College agrees to permit 96 residential • aparcmec.c units, to be built and owned by Los Amigos, to be connected to its sewage treatment facility as needed, as soon as the upgrading of the College lagoons and the -3- • installation of tho trunk sever is accomplished by Los Amigo■ at Loa Amigos' expense at described in the draft Sorv:ce Plan prepared by Wright -McLaughlin dated May 18, 1979 (hereinafter "Phase I improvementa"). Los Amigos agrees that it will contract for the Phase 1 improvements to be completed as soon as reasonably practicable, and that it will pay the cost thereof and shall own said Phase I improvements. (b) Los Amigos agrees that prior to commencement of construction it will submit the plans and specifications for the Phase I improvements to the Collogo for its review and approval. Upon submittal to the College, the College shall, within fifteen (15) days, advise Los Amigos in writing that it approves of the plans and specifications or that it disapproval of the plans and specifications stating with specificity the reason(s) for disapproval; provided, however, that in the event the College falls to advise Los Amigos in writing of its decision within the fifteen (15) day time period, the College's, approval shall be conclusively presumed. The College's approval shall not be unreasonably withheld; it being the intent of the parties that: Che College be given the opportunity for input at the final design stage; and that Los Amigos rely on the Collage's conceptual approval of the Phase I improvements and on approval(s), if any, of the Phase I improvements that may hereafter be given by local, state, or federal governments or agencies with jurisdiction over the subject mactcr. (c) In the event the College disapproves the plans and specifications, the College shall cooperate with Los Amigos to the greatest extent possible to resolve the College's concern(s) as expressed in the reason(s) for disapproval. Upon resubmittal by Los Amigos of the revised plans and specifications to the College, the procedure set -4- forth In subparagraph (b) of this paragraph shall apply. In the event that the College has not approved the plana and specifications for the Phase I improvements within either: forty-five (45) days from the date hereof, or within the fifteen (15) day review period set forth In subparagraph (b) which commenced before the end of the forty-five (45) day term, whichever is later; then this entire Agreemen': shall be deemed null and void and of no further force acrd effect whatsoever. (d) Beforecommencement of construction, Los Amigos agrees that it will deposit into an escrow account with a bank or other d.sbursing agent mutually satisfactory to the parties hereto, a sum of money equal to the contract amount for the Phase 1 improvements, to be disbursed by the disbursing agent upon pay estimates signed by the Contractor and the Los Amigos consulting engineers. As additional security, Los Amigos represents and warrants 10 the College that it presently has upon deposit with Garfield County a Letter of Credit, the condition for release of which is the completion of the Phase I improvements, together with other improvements associtated with the to Amigos PUD Development. 2. Conveyance to District. The College is willing to lease. its-land and sell its facilities to the District, referred to in Paragraph 4, infra, within thirty (30) days after it is formed., upon the following terms and conditons: (a) The District must agree to provide sewerage services to the College to meet the College's existing and future: needss;for. •s. long as the College may request, and --that_ehe servfcs.charges for such sewerage service will be calculated to include a fair amount for the cost of operation and maintenance of the facilities, and will not include any profit nor any amount to retire capital indebtedness or investment until necessary for, and then -5- ' 1 1 1 1 only to the extent of, the capital required for installation of that portion of the Advanced Waste Treatment (AWT) facilities which do not include land treatment. It is expressly agreed and understood that the District's agreement to provide sewerage services to the College includes the provision of sewerage services CO others, such es Pinon Alps, to whom the College has heretofore contractually agreed to provide sewerage service; provided, however, that the service charges for such sewerage service to others shall be the obligation of the College, and the College agrees to pay said charges to the District; provided further that the College may charge and collectfur such sewerage service to whatever manner as the College in ice sole discretion desires. (b) The District must agree that with respect to the College's existing level of sewerage use the College will not bt charged a system development fee, since the College is presently on-line with an operating system which it is conveying to the District; provided, however, that if the State or other applicable governmental authority requires additional improvements not contemplated In the draft Plan with respect to the existing level of use but because of new. technical or environmental requirements not in existence when the Phase I Improvements are Installed, the College agrees co pay the cost allocable to its use. The College agrees that it Will be charged a system development fee with respect to sewage treatment services needed beyond its existing level of use; provided, however, that the District must agree that said system development fees shall never exceed the then -applicable system development fee charged by the District for similar extensions of service -6- i i 1 1 1 1 a a to new users within the District. The District must agree chi. the College will never be required to pay special service fees or mill levies; provided, however, that the District nay require other users to a p y such levies or charges. All other property owners who connect to the system 'within the service area w111 be charged system development fees; (c) In consideration for the College's agreement to pay systeq' development fees for sewerage services beyond Its existl'ig level of use, the District agrees to undertake such capital improvements es are necessary and appropriate to provide sewerage service for the College's future needs, consistent with economic and engineering feasibility, with the final Service Plan, and with approvals of said capital improvements by appropriate federal, state, end local governments and agencies. The College agrees to provide the District reasonable notice of its anticipated needs to facilitate the planning of said capital Improvements; and (d) The District must agree co the following terms and conditions with respect to the lease of the College's land And the sale of the existing College sewerage 'facilities, together with an easement for the discharge of effluent across lands owned by the College, if and when necessary and required, from the treatment facility to Cattle Creek, easements for vehicular access to the treatment facility, and for electrical power and ocher 'utilities. To the extent reasonably practicable, the Phase I improvement trunk sewer_wlll be located within the _-exLiting staked right-of-way. (t) The College will lease to the District the land, containing approximately four (4) acres, upon which Lts present sewerage treatment facilities are located; It being agreed by the parties that Los Amigos, shall at its sole expense, have a survey of -7- the existing fence lines around the plant site performed and that the property leased shall bo the property 10 surveyed regardless of the actual acreage. Said lease shall also include such adjacent land, up to a maximum of four (4) acres, as is reasonably required in the future for the secondary treatment facilities to be generally located westerly of the existing plant site and also such additional land generally located westerly of the plant site, up to a maximim of twenty-five (25) acres, as is reasonably required In the future for winter storage of effluent, for irfiltratlon areas and for land treatment, all as shown by the final design plans for such improvements as approved by the Colorado State Department of Health. Said lands shall be leased for a lease term of fifty (50) years, together with an option to renew for an additional fifty (50) years, for 11.00 per year rental, by lease instrument containing appropriate and customary anti -waste, insurance, indemnification, anti -nuisance, and maintenance and repair provisions and authorizing the future expansion of the facilities in a manner generally consistent with the final Service Plan. At such time as the additional land is needed and will actually be used for the purposes authorized herein, the District agrees to provide, at its sole expense, a survey of the property to be so used, which shall then become the subject of an cddendum to the lease referred to in this paragraph. The parties shall mutually agree upon the location of additional acreage as soon as is reasonably practical. (11) The existing sewerage facilities owned by rha College shall be conveyed to the District by good end sufficient general warranty deed and bill of sale, as appropriate, subject to the following terms and -8- conditions: (A) The District's commitment to cause any future expansions of the sewage treatment facilities to be done in such a way as to miximizo their use in the College's operator gaining program, if any, consistent with the 1 tereats of the District and with the maintenance of high quality operations and the compliance with State standards, end subject to tae College's willingness to pay any increased coats which would not otherwise be required e:<cepc for the operator training program. Prior to the installation of additional capital improvements on the land, the designs for the capital improvements must be submitted to the governing board of the College, in order to permit the College to fully explore operator training aspects of the improvements and to request any changes with respect thereto at the planning stege. (B) The District's commitment to permit the College to operate the facilities In connection with its operator training program, if any, et no cost for labor for the work of College employees and students. but utilizing the District -pur- chased utilities services, materials, chemicals, and such other items es may normally be required for conventional operation of the treatment facility, or the District's commitment that in the event "the College elects, from time to time, not co operate the system, the District superintendent shall so operate chs system as co make it convenient for the College to conduct operator training on the site. -9- • (lit) At the closing, the College shall convey to the District the existing improvements by good and .ufflctent general warranty decd and bill of sale, at appropriate. Except as provided for in subparagraph (Iv) of'thls paragraph, title shall be merchantable in che College, free and cleur of any lien or encumbrance except easements and rights-of-way for utilities and dratnal'e as shown on the survey to be provided by Granton, and reservations and restrictions of record. Title ;hall be subject to no tenancies or use rights of ani kind, except the land lease provided for elaewhsre herein. After closing, Seller shall provide Purchaser a title policy issued to the commitment showing merchantable title in the Grantee, as described above and except as modified to the manner provided for in subparagraph (iv) of this paragraph, subject to no tenancies or use rights of any kind other than che land lease provided for herein. Purchaser shall pay all expenses in connection with obtaining such title policy. (iv) As soon as reasonably possible, Los Amigos shall, at its sole expense, provide the College with a survey of the property to be .leased to the District. The College, at Los Amigos' expense, and within twenty (20) days after receipt of said st-rvey, shall provide to the Grantee a preliminary title commitment, issued by a title insurance company authorized to do business in the State of Colorado, for owner's and leasehold coverage in standard ALTA Form B. Los Amigos shall, within ten (10) days of receipt of the commitment, advise the College that it is willing to accept title subject to the exceptions or that it objects to the -10- 1 1 1 1 1 t 1 1 1 1 1 1 1 1 1 • exception(s), specifying with particularity the exception(.) which must be removed. In the event Los Amigos objects, the College agrees, within thirty (30) days, to use its best efforts to correct said defect(.) in title; provided that If sold defectis) ere not removed within the time provided, Los Amigos may, AC eta sole option, either: (1) waive its objection(.) and the parties shall proceed as provided In this Agreement; (2) declare the Agreement null and void except as to the provisions of Paragraph 1, and the parties shall proceed as provided for Parara ,h 6• in 8 ) , or (3) declare the entire Agreement null and void and of no further force and effect whatsoever. The title commitment and the policy issued thereunder shall have standard exceptions with respect to mechanic's liens, rights of parties in possession, easements not shown by public records, discrepancies, conflicts in boundary lines, shortage In area, encroachments, and any facts which a correct survey and visual inspection of the property would disclose, deleted by endorsement; provided, however, that Los Amigos shall, at its expense, provide the information or data required for said deletion and pay the cost of said endorsement or, at its sole option, creat the standard exception(s) as a defect in title to which it objects, in which case the parties shall proceed as provided in this subparagraph (iv) in the case of such defects. Copies of all documents pertaining to such exceptions and other interests required to be eliminated -must be attached to the commitment. 3. Student HousfnA. It 1• the Intent of the parties hereto that the students and staff of the College shall, for a period of ten (10) years from the execution dace he availability '-"-��--•Of. be givenan ava. y preference by Los Amigos g to the 96 -11- • • apartment units to be built commencing during the 1979 building season. Lot Amigos intends to commence the construction of eight (8) apartment buildings, each containing four (4) too -bedroom units, four (4) one -bedroom units, and four (4) studio units and agrees to give the students and staff of the College an availability preference in the rental of said apartments. The Board of County Commissioners of Garfield County has heretofore approved the final plat (Los Amigos Ranch Y.U.D., Phase 1, Filing 1) for said apartments conditioned upon and subject to the provitlon of sewage treatment service; the execution of this Agreement will, In the opinion of Los Amigos, satisfy said condition. Subject co the concurrence of Garfield County, Los Amigos agrees to record said final plat, to commence construction of the apartment units, and to use its best efforts to complete and offer said apartments for rent as follows: two (2) buildings (24 units) by January 1980; two (21 buildings (24 units) by March 1980; and remaining four (4) buildings (48 units) by September 1980.Los Amigos agrees to periodically notify the College of the anticipated completion dace of the apartments. Los Amigos agrees to attempt to coordinate the commencement of the lease periods with the commencement of the College's quarter periods. Los Amigos further agrees to attempt to coordinate the tercninatlor of its lease periods of leases to those persons other than College students or College staff members with the commencement of the College's quarter periods. Los Amigos shall determine the terms and conditions of leases fur said. apartment units, and Los Amigos shall rent sold units In the following manner: A. In the event two or more persons (or groups of persons) with equal qualifications make application to Los Amigos for occupancy of any such apartment unit, the person who is a member of the student body of the College shell be accorded the first right to lease the apartment unit, and the person who is a member of the staff of the College -12- shall be accorded the second right to lease the apartment unit. 'a. In the event a student or staff member hes entered Into a lease of an apartment unit as provided for herein, that person shall, absent good cause shown, be permitted to renew the lease for the unit upon terms and conditions detarc.ined by Loa Amigos. C. Los Amigos recognizes that members of the student body end College staff have a need to lease said apartment units for a term of less than one year. Recognizing this need, Los Anlgoa agrees, upon request by the student or staff member desiring to enter into a lease for said apartment unit, to lease said unit for a nine (9) month lease term with rent payable in an amount per month which results in an aggregate lease payment equal to the • aggregate least payment of twelve (12) month leases; provided, however, that: (1) The lessee of an apartment unit leased on • nine (9) month term as herein provided shall, subject to the written consent of Los Amigos, be permitted to sublease said unit for a three (3) month period 1mmAdiately following said nine (9) month term and said sublease rental payments shall be for the sole benefit of the lessee -up to a maximum amount equal to rents paid for the three (3) months the apartment was not occupied by the lessee and after said maximum amount has been paid, all rents shall be for the sole and exclusive benefit of Los Amigos; or (i1) _The'lessee of an apartment unit leased on a nine (9) month term as herein provided may elect not to sublease.ald unit to".Loa Amigos, and Los Amigos shall, in this event, make -such unit available for use by the College upon such reasonable terms and conditions as Los Amigos may determine end all rents received shall be divided in the following manner: -13- • Th •) One-half (1/2) to Los Amigos and one-half (1/2) to the lessee up to a maximum amount equal to rents paid for :he three (3) months the apartment wet not occupied by the leasee; and after said maximum amount has been paid, all rents shall be for the Bole and exclusive benefit_ of Los Amigos. 4. Metric': Formation. (a) LAI Amigos agrees to use its best efforts co cause the District to be formed as soon as it is reasonably practicable, in accordance with the final Service Plan to be prepared by Wright -McLaughlin Engineers of Denver, Colorado, cr other mutually acceptable engineers. (b) Such final Service Plan shall be submitted to the College for its review and approval before the Petition for formation of the District is filed with the Court and before the final Service Plan is submitted for action or approval to any local, state, or federal government or agency. Upon submittal to the College, the College shall, within fifteen (15) days, advise Los Amigos, 1n writing, that it approves of the final Service Plan or that it dis- approves stating with specificity dtsappvovai; provided, however, that College fails to advise Los Amigos the reason(,) in the event in writing of decision within the fifteen (15) day time period, College's approval shall be conclusively presumed. College's approval shall not be unreasonably withheld; it being the intent of the parties: that the College be given the opportunity for input on matters which affect or concern the Collage and its students and staff, its operators' training program, its assets and property, and the quality, quantity, dependability, and reliability of sewerage service to be provided the College by the District; and that Los Amigos rely on the College's conceptual approval of the draft Plan. for the its the The -14- • • (c) In the event the College disapproves the final Service Plan, the College shall cooperate with the Los Amigos to the greatest extent possible to resolve the Collage's concern(') as expressed in tho reason(') for disapproval. Upon resubmittal by Los Amigos of the revised final Service Plan to the Collogu, the procedure sat forth In subparagraph (b) of this paragraph shill) npply. In the event that the College has not approved the final Service Plan within either; ninety (90) days from the date hereof; or within the fifteen (15) day review period sec forth in subparagraph (b) which commenced before the end of the ninety (90) day term, whichever 1s later; then this Agreement shall be deemed null and void and of no further force and effect whatsoever; provided, however, that Los Amigcs shall be entitled to the benefits conferred by paragraph 1, lull, in the manner and upon the terms and conditions provided for in paragraph 6, Infra. 5. C2nveyance to District. The College's obligation to convey the presently existing sewage treatment facilities, and to lease the land, together with all easements and rights-of-way, is contingent upon the condition that the District assume and agree to all of the obligations of the District and Los Amigos to the College provided for herein. It is expressly agreed that Los Amigos by executing this Agreement does not have or agree to assume any obligation whatsoever to perform the obligations of the District as set forth in this Agreement. Upon the formation of the District and the sale and lease to the District as provided herein, Los Amigos shall continue to perform only the obligation set forth in Paragraph =, and Los Amigos shall be released from all other obligations hereunder. 6. Jufn�Ce. If for any reason, the District has not been formed before the expiration of six (6) months from the -15- date hereof, unless the parties hereto mutually agree to extend said six (G) month period of time, the parties agree to enter into a Joint Venture to own and operate the then -existing sewage treatment facilities including those portions of trunk sewers located topographically below the point where more than one entity might have connections thereto, together with all easement■ end rights-of-way necoasary or convenient for the operation thereof, and together with a leasehold estate in the Joint Venture substantially similar to that provided for in Paragraph 2 above. The parties hereto agree to transfer to the Joint Venture such facilities, easements, rights-of-way, and the leasehold estate, in accordance with their respective ownership interests, within eight (8) months from the date hereof, upon Che same terms and conditions set forth in subparagraphs (2)(d) above, and upon the following additional conditions: (e) The Joint Venture must agree to obtain appro- priate connector agreements from the College and Los Amigos and the owners of any other property which the Joint Venture permits to connect to the selvage system. (bi Both Venturers must agree to cause to be recorded in the office of the Garfield County Clerk and Recorder covenants, running with the land affecting the College Property and the Los Amigos Sewered Property, which will create lien rights upon such property to secure enforcement by the Joint Venture of its rights under the connector agreements provided for in subparagraph (a) above. (c) Both Venturers must agree to permit the expansion or upgrading of the existing facilities owned by the Joint Ventura as may be required by the future requirements of any applicable governmental authority or as may be required to accommodate the expanding needs of either Venturer for additional sewerage services, and to pay the costa thereof in proportion to its then prior and future use of the Joint facilities calculated in an equitable manner. -16- (d) Both Venturers must agree that prior to commencement of construction for the expansion or upgrading of the point facilities, the party or parties participating therein will deposit its share of the construction costs with a mutually agreed upon disbursing agent, to be disbursed upon pay estimates signed by the contractor and the consulting engineer hired by the Joint Venture. (e) Both Venturers must agree that the assets, real and personal property and accounts receivable of the Joint Venture shall not be pledged or encumbered nor used In any way to secure credit for the Joint Venture or the parties thereto without the prior written consent of both Venturers; provided further that both Venturers shall execute appropriate instruments. which shall be recorded with the Office of the Clerk and Recorder of Garfield County, to provide notice of the terms of this subparagraph (e). 7. Petition for Inclusion. The College agrees not to petition for inclusion into the District at any time before the expiration of ten (10) years from dare hereof; provided, however, that the College shall be entitled- to all rights, privileges, and benefits accorded. members of -t:he District or accruing to residents or owners_,_of_.real property within the District to the extent permitted by law. 8. Ir. the event the approval of any local, state, or federal government or agency is required to accoopl[sh the conveyances, transfers of interest, etc., necessary to implement this Agreement, Los Amigos agrees,': -ac its solerexpense, co use reasonable efforts to secure such ipprovals; p ovtded, however, that the College agrees to cooperate as may be necessary to secure such approvals; provided further that upon the formation of the District and the conveyance and lease to the District by the College, the obligations sat forth in this paragraph shall be the sole and exclusive responsibility of the District. -17- 1 1 1 1 1 1 1 1 1 1 1 9. In the event the time required by Los Amigos to secure or prov_de information, surveys, or other data makes it Impracticable to close within the time period provided for above, closing shall occur es soon thereafter as is reasonably possible upon thirty (70) days notice to the College by Che District that it is ready to close; provided, however, that in no event shall closing occur later than at (6) months from the dnte herejf unless extended by mutual agreement. 10. Spath is Performnnce. IC is specifically understood and agreed that the rights acquired by each party hereto and by the District ate such that the failure of the other party to perform Its obligations hereunder would do irreparable harm to the nondefaulting party, and there would be no adequate remedy at law. Accordingly, It is agreed that, to addition to any other equitable or legal remedies, the obligations of the parties hereto shall be specifically enforceable by any Court of record in the State of Colorado. 11. Notices. Whenever written communications are authorized, required, or desired in connection with this Agreement, the same shall be deemed given or made when delivered in person, or when addressed to the party for whom intended at Che addrees'set forth below, and deposited in the U. S. mail, certified mail, return receipt requested or at such other address sr either party may designate from time to time by written notice given in accordance with this paragraph: Colorndo Mountain Junior College District Attention: F. Dean Lillie, President P. 0. Box 1367 Glenwood Springs, CO 81601 Robert W. Chatmaa. James A. R. Johnson Thomas E. Neal c/o Robert Chatmaa P. 0. Box 2218 Aspen, CO 81611 -18- • IN WITNESS WHEREOF, the parties hereto have set their hands Co triplicate originals on the day and year first above written. ATTE �� yy 6/0a �— Ley Ssycretary, omm: t t e s Covernln,i STATE OF COLORADO ) ) sa. County of Garfte.kci 1 COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT 8y av a rman, Governing Committee 2) yea e, President LOS AMIGOS RANCH P.U.D. The forego ng instrument was acknowledged before me this Ch f day of ,,A,,...4., , 1979, by DAVID J. DUNN, Chairman, Cover Lng Committee, Colorado Mountain Junior College District; and by DORIS A. BAILEY, Secretary, Governing Committee, Colorado Mountain Junior.College. Witness my hand and official Seal. Hy Commission expires: (acI? /3 0.. -19- STATE OF COLORADO ) County of ) ss. ) this The Joregoing Inst1979, by rument e LILLIE day of was acknowledged before DEAN N Witness my hand and official Seal. My Commission expires: STATE OF COLORADO ) County of Csrfield ) ss I The foregoln; Instrument was acknowledged before 3C1L J day of June une . 1979, by ROBERT W.CNATMAS, me this Witness my hand and official Seal. My Commission expires: April 11, 1983 -a-• K d clary c---_—� STATE OF 4I1 4 ✓e 1 c•:.} County of tk") ...,,,q. _ as. 2 d The fng nstrument was acknowl day oorego f Sbe 1 9 79, by ed JAMESed A. fore R.JOHmeNSONts a STATE County Witness my , d official Seal. My Commission expires: The f.. eg.Ins i9� s acknowledged THOMAS before me this Witn �s E. NEAL. hand and official Seal. My lsslon expires: p?-o/� 4.4 '415111 .%��16.°ry —20— 1 1 1 1 1 i EXHIBIT A to Sewage Treatment Services Agreement The real property described in instruments recorded in the Office of the Clerk and Recorder of Garfield County, State of Colorado, at: Book 381, Page 33, Reception No. 236672; Book 385, Page 5Z7, Reception No. 238393; Book 438, Pages 540-541, Reception No. 256352; Book 500, Pages 930-932, Reception No. 280798; Book 396, Pages 36-38, Reception No. 241439; Book 429, Page 411, Reception No. 253336; Book 429, Page 410, Reception No. 253335; Book 396, Pages 39-40, Reception No. 241440; Book 495, Page 687, Reception No. 278031; Book 488, Pages 920-922, Reception No. 274609. EXHIBIT B To Sewage Treatment Services Agreement A parcel of land situated in part of Government Lot 4 in Section 8, Township 7 South, Range 88 West of the Sixth Principal Meridian, Government Lots 4 and 6 of.Section 6 in said Township and Range, Section 5 of said Township and Range, and Government Lot 7 and the SE:SEk of Section 32, Township 6 South, Ramie 88 West of the Sixth Principal Meridian, and Government Lots 18 and 19 in Section 33 of said Township 6 South, Range 88 West. Allin the County of Garfield, State of Colorado. Said parcel lying westerly and northwesterly of the "Westerly Line'.of County Road Number 114 (College Road) as described in Document Number 274609 (being Book 488, Page 920) as on file in the Garfield County Records; (NOTE: The bearings on said 'Westerly Line" have been rotated for this description 00'12'12" right to match basis of bearings) northeasterly, in.part, of the centerline of a 30..00 foot sanitary sewage trunk line easement. Said parcel being more particularly described as follows: Beginning at the Northeast Corner for said Section 8, a stone corner, found in place, and properly marked; thence N. 09'41'40" E. 1134.05feet to a point on said "Westerly Line" of County Road _Number 114, said point being also on the easterly line of said Section 5, the True Point of Beginning; thence, leaving said easterly line, S. 72'19'48" W. 613.04 feet along said 'Westerly Line"; thence S. 64'22'32" W. 392.30 feet along said "Westerly Line"; thence S. 44'10'50" W. 132.65 feet along said "Westerly Linc"; thence S. 32' 19'12" W. 1473.78 feet 1473.78 feet along said "Westerly Line"; thence S. 15'10'20" W. 144.01 feet along said "Westerly Line"; thence S. 03'24'30" W. 236.16 feet along said "Westerly Line" to a point on the centerline of said 30.00 foot sanitary sewer trunk line easement; thence, leaving said "Westerly Line", N. 62'02'06" W. 76.11 feet along said centerline; thence N. 68'42'34" W. 284.75 feet along said centerline; thence N. 28' 12'44" W. 392.49 feet along said centerline; thence N. 03.45'18" E. 222.69 feet along said centerline; thence N. 17'45'09" W. 310.70 feet along said centerline; thence N. 43'05'32' W. 228.37 feet along said centerline; thence N. 54'43'45' W. 277.91 feet along said centerline; thence along said centerline along a ,curve to the left, having a radius of 356.04 feet and a central angle of 34'12'04", a distance of 212.53 feat (chord bears N. 78'57'54' W. 209.39 feet) to the point of terminus of said 30.00 foot easement centerline; thence, leaving said centerline S. 73'06'00" W. 440.00 feet; thence N. 27'41'03" W.- 1970.00 feet; thence N. 00'13'00" E. 320.00 feet: thence N. 79'5'00' W. 360.00 feet: thence N. 47'10'00" W. 1430..00 feet; thence N. 62'12'00" W. 970.00 feet: thence N. 10'3:+'00" E. 470.00 feet: thence N. 72'00'00" E. 720.00 feet; thence S. 35'35'00'-E. 1620.00 feet; thence N. 32'06'00" E. 2150.00 feet; thence S. 43'31'00" E. 890.00 feet; thence S. 22'1('00" E. 840.00 feet; thence S. 89'41'00" E. 430.00 feet; thence N. 16'37'00' E. 1724.19 feet to the northerly line of said Section 5; thence S. 89'43'26" E. 620.25 feet alona.said northerly line to the southwesterly corner of the SL:SE4 of said Section 32; thence leaving said northerly line N. 01'46'29" E. 2601.65 feet along the westerly lines of said SE:SE: and Government Lot 7 of said Section 32; thence, leaving said westerly line S. 29'00'23" E. 139.01 feet along said Lot 7 hxundary; thence S. 01'41'27' W. 475.48 feet along said Lot 7 boundary; thence S. 87'15'05" E. 1179.22 feet along said Lot 7 boundary; to a point on the easterly line of said Section 32; thence S. 01.14'01" W. 2073.04 feet along said easterly line to the Southeast Corner of said Section 32; thence, leaving the easterly line of said Section 32, S. 00'04'37" W. 2685.36 feet along the easterly line of said Section 5 to the East Quarter Corner of said Section 5; thence S. 00' 32'12" W. 1445.52 feet along the easterly line of said Section 5 to the True Point of Beginning. Also including all of Government Lots 18 and 19 of Section 33, Township 6 South, Range 88 West of the Sixth Principal Meridian. Save and except all those lands as described in Document gumbo 256352 (being Dook 438 at Page 540),as on file in the Garfield County records, which lie within the above described parcel. Said parcel containing 529.66 acres, more or less. EXHIBIT C To Sewage Treatment Services Agreement The real property described on Exhibit B to Sewage Treatment Services Agreement, excepting therefrom the following described real property: A parcel of Iand situated to ?art of :overnment I...t.. t., Ifs. ..u4 11 In Section S. T.•wnahlp 7 South. I:an,:c• dS L ••.t .-f th. ::tstl. iPrtnctpal Meridian. to the County of Cari 1&•10'0. St—v.. ..f t...lorc.4... Said parcel lying northwesterly of the n.•rtl..e•:terl: r1;Lt-of-w:.y lint for County Road Num her 114 (C..118 re „...1,:). L. It•.,. )0.lift Ie. t fros and parallel to the centerline of said Court. Roar!. constructed and (n place. Said parcel be:ng coreparticularly described as follows: Beginning at the Northeast Corner of 58ci14•n 8 In said Township and Range. a stone corner found In place end Iroporly marked; thence N. 60'02'19" V. 1043.55 feet tc• a i.utnt ..n said northwesterly right-of-way line, the Tru.._ Point :f ne•• thence, leaving said right-of-way line, 5. :!9'nj'f, t.rr'(r.g; 3/.40"1 feet; thence S. 72'41'46" V. S0I.56 feet: thence15'384'40" G. 389.18 feet; thence X. 72')7'24" C. 295.91 feet; thence N. S1' 46'36" L. 989.84 fret; thence S. 25'44'45" E. 534.1: feet t.. point on said northwesterly right-of-way line; tL.•n.:e S. 67'4',' 48" V. 103.37 feet along said right-of-v-tr.11n.•• :h.n.-, 3'.7.7', fe-.-t along the arc of a curve to the left along vald r1g1:t-84-w:..: 1ln.-. having a redtue of 554.15 feet and a chord 'Slrl: !.ear:. S. 4y' 71'54" V. 346.87 feet; then:e S. 31.21'S9" J. 10;0!1 fist :.luny; said right-of-way line to the True P-+!nt of 'teytnnl::r. .Said parcel_contatntng 14.63 acres, more or 11-2.,.— — — • 1 EXHIBIT 14 GENERAL BUDGET, 1996 CERTIFICATION OF BUDGET I, GREGORY S. BOECKER, President of the Spring Valley Sanitation District, hereby declare that the attached is a true and correct coy of the 1996 Budget adopted for the Spring Valley Sanitation District. Said Budget was adopted on the 5th day of December 1995, by resolution of the Board of Directors of the Spring Valley Sanitation District. SPRING VALLEY SANITATION DISTRICT By: ATTEST: 7 ary B =th Joiner, : ecretary c/ S. Boecker, President H 0 F - c0 wcoo Z '0 W 0i-- 0 Z m� J } W W J W z a m < W () o Z Or -:1 O -a- 00 Cm c T Ill �0) N: Q > T st M 1— 6 ‘-- cow Wft W D 0 Q2 Q) .4.O 1- N Q ce O 2 09. a DESCRIPTION O N 0 0 0 p N) O tO O O - CO N IMM O N 1 C) co co co O p O co n Ni O Ni -M T N to CV CV T O N N `d: O 0 c") M Oi •- to ' N O to d' 'at LE) a- 0 O r-�N ti O T N 69. 0 H TOTAL AVAILABLE REVENUES: ESTIMATED EXPENDITURES r 0 Z Z Z aZ W E M Q Z Ce 0 W w cwn o 000000000000 CO CO 0 0 0 0 0 0 0 0 0 0 0 0 N N O O O O O O O O O O O O O IA O O O O O O O O O N to N to d' to OTO Oto 0 0 T Nr.. •' T-YrC4CV to Tc6c') N M EA EA 40 000 0 0 0 0 0 N c0 CO 0 0 0 0' 0 0 0 0 O O N O' O N 0 0 0 ' • 0 0 c0 0 a0 N- • 1� CO ttoa oa)co 0cooN00))ttoo� N 't T T T N c N EA CO Ii! O1.0100) 00)OO.- 1� N 0001�IC) CA.1 c! M O O c0 1- ' o 0 (0 ( CV C) ' T N 0 CA O N 0 CO 1� Nct N T tp�TT tito ' • ti •-- N tp OT M 0 N °)m 1 C3 too m .- oum. CUO) a a)od eL 00cc .. c c3`Q a waCe m 0) co 0 a a) 0 l H o CO cpm o 0 m et m N 0 c co 00 u) N m 0cfs) U) 0 N.c U m C' c LL To. Lm rnrnm c m O .Nr C3 0 O N 0 m ere Uta m"0 o cW 0 c 0 OmCO c0 0) CO 0 °- _ia0W0 E+9 4A. RETAINED EARNINGS: TOTAL EXPENDITURES: