GREATROCK NORTH WATER AND SANITATION DISTRICT · Petrock & Fendel (enclosure - 011). 9. Review and consider approval of Third Addendum to Independent ... manual. Greatrock North Water

GREATROCK NORTH WATER AND SANITATION DISTRICT 141 Union Boulevard, Suite 150

Lakewood, Colorado 80228-1898 Tel: 303-987-0835 800-741-3254

Fax: 303-987-2032 www.colorado.gov/greatrocknorthwsd

Mission: To provide the highest quality of water at the most affordable price for current

customers and to provide for the expansion of the District as growth occurs.

NOTICE OF A REGULAR MEETING AND AGENDA

Board of Directors: Office: Term/Expiration: Robert William Fleck President 2020/May 2020 John D. Wyckoff Vice-President 2018/May 2018 Jeffrey Polliard Treasurer 2018/May 2018 Brian K. Rogers Secretary 2020/May 2020 Dave Lozano Asst. Secretary 2018/May 2018 Consultants: Lisa A. Johnson District Manager Jennifer Gruber Tanaka, Esq. District General Counsel Bradley A. Simons, PE District Engineer DATE: December 5, 2017

TIME: 5:30 P.M. PLACE: United Power

500 Cooperative Way Brighton, Colorado 80603

I. ADMINISTRATIVE MATTERS (Action Items Status Matrix – enclosure - 002)

A. Present Disclosures of Potential Conflicts of Interest.

B. Approve Agenda.

C. Board of Director’s Report.

D. Manager’s Report (enclosure - 003).

Greatrock North Water and Sanitation District December 5, 2017 Agenda Page 2 II. CONSENT AGENDA

A. These items are considered to be routine and will be approved by one motion. There will be no separate discussion of these items unless requested; in which event, the item will be removed from the Consent Agenda and considered in the Regular Agenda.

1. Review and approve the Minutes of the November 7, 2017 regular meeting

(enclosure – 004).

2. Ratify approval of the payment of claims for the period ending November 10, 2017, as follows (enclosure -005):

General Fund: $ 49,956.22 Debt Service Fund: $ -0- Capital Projects Fund: $ -0- Total: $ 49,956.22

3. Operations and Maintenance update and work orders (enclosure – 006a and 006b).

4. Review water meter installations (enclosure – 007).

5. Consider acceptance of cash position schedule and unaudited financial statements for the period ending October 31, 2017 (to be distributed -008).

6. Review and consider approval of the Third Addendum to the Independent

Contractor Agreement with Special District Management Services, Inc. (enclosure - 009).

7. Review and consider approval of a continued engagement letter with White Bear Ankele Tanaka & Waldron (enclosure - 010).

8. Review and consider approval of a continued engagement letter with Petrock & Fendel (enclosure - 011).

9. Review and consider approval of Third Addendum to Independent Contractor Agreement with Bishop-Brogden Associates, Inc. for Renewable Water Supply Acquisition Services (enclosure - 012).

Greatrock North Water and Sanitation District December 5, 2017 Agenda Page 3

10. Review and consider approval of Second Addendum to Independent Contractor Agreement with Ramey Environmental Compliance, Inc. for Operator in Responsible Charge Services (enclosure - 013).

11. Review and consider approval of Independent Contractor Agreement with

My Asset Map for GIS Software Maintenance Services (enclosure -014).

12. Terminate Independent Contractor Agreement with Tamarack Consulting for GIS and Web Solution Services (enclosure - 015).

13. Terminate Independent Contractor Agreement with Ground Engineering for GRN Pump Station Project Materials Testing Services (enclosure - 016).

14. Terminate Agreement with PWSI for GRN Pump Station Project for Construction Staking Services (enclosure - 017).

15. Terminate Independent Contractor Agreement with Action Fire Hydrant for Fire Hydrant Maintenance Services (enclosure - 018).

16. Terminate Independent Contractor Agreement with Timber Line Electric and Controls for GRN Pump Station Project Telemetry Services (enclosure - 019).

17. Terminate Independent Contractor Agreement with HOA Solutions for Instrumentation and Control Audit (enclosure - 020).

18. Consider Adoption of Resolution No. 2017-12-01: 2018 Annual Administrative Matters Resolution (enclosure - 021).

19. Consider Adoption of Resolution No. 2017-12-02 Resolution Calling the

May 8, 2018 Director’s Election (enclosure – 022).

20. Consider Adoption of Updated CORA Policy (enclosure – 023).

REGULAR AGENDA

III. FINANCIAL MATTERS

A. Status of 2017 Bond Issuance.

Greatrock North Water and Sanitation District December 5, 2017 Agenda Page 4

B. Consider Adoption of Resolution No. 2017-12-03, Resolution Concerning the

Imposition of Various Fees, Rates, Penalties and Charges for Water Services and Facilities (enclosure - 024). __________________________________________________________________

C. Consider Adoption of Resolution No. 2017-12-04: Amending Rules and

Regulations (2017 Reissuance) (enclosure – 025). __________________________________________________________________

IV. ENGINEER’S REPORT (enclosure - 026)

A. Discuss continued research of possible locations for 3rd Evaporation pond.

V. OPERATIONS/MAINTENANCE MATTERS

A.

VI. LEGAL MATTERS

A. Discussion with Real Estate of the Rockies regarding the request to drill alluvial well to serve Box Elder Creek Filing 4 (enclosure -027).

VII. OTHER BUSINESS

A. Status of Hayesmount Estates.

B. Status of Homestead Heights.

VIII. COMMUNITY COMMENTS (ITEMS NOT ON THE AGENDA ONLY. COMMENTS

LIMITED TO 3 MINUTES PER PERSON AND TAKEN IN ORDER LISTED ON SIGN UP SHEET).

A.

IX. ADJOURNMENT THE NEXT MEETING IS SCHEDULED FOR TUESDAY,

JANUARY 2, 2017

Greatrock North Water and Sanitation District Action Items Status Matrix—2017

0495.0008; 811765 Page 1 of 13 As of November 27, 2017

Action Items Date of Meeting

Assigned To Deadline

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GRN Pump Station Improvements Project (2016 Capital Project)

5/6/14 Brad John W

8/31/17 1 X

4/19/16: Project advertised in Brighton Blade 3/23, 3/30, 4/6. Pre-bid conducted 4/6. Six (6) GCs requested plans. Bid opening is scheduled for 4/26/16 at 3:00 p.m. at SDMS. Adams County plan review package to be submitted upon receipt of plan review fee ($1,390). TZA meeting with TLECC on 4/28/16 to discuss updated instrumentation and control components. 4/28/16: Bids reviewed by Board. Brad to contact lowest bidder to determine whether any line items too high, obtain proposal from STG for addition of 8 feet to top of existing tank and obtain quotes for replacement of existing pumps and motors for review and consideration. 5/18/16: Brad drafting memo to Board with updated information. Meeting Chris Thompson at site re pumps, etc. Brad to call John W re project. 6/7/16: Brad, John and Dan LaCoe to review options for design and cost for negotiation of revised scope to meet efficiencies. 6/21/16: Lisa, John, Brad, and Dan meet to review options to reduce costs. Brad met with Dan re options. Waiting for updated numbers from Dan. 6/24/16: Jonathan issues revised concept drawings to Dan for pricing. 7/20/16: Engineers ROI for Dan LaCoe. Brad to prepare NOA and put Agreement together for Jennifer review. 8/24/16: Pre-construction meeting conducted. 9/6/16: Dan LaCoe to provide timeline and schedule of values for project. Brad to prepare communication to GRN residents regarding project and timing for outages. Brad getting survey and compaction tests completed. 9/20/16: Jennifer drafted Materials Testing agreement for execution. Lisa getting executed. Jennifer to draft construction staking agreement for PWSI. Lisa to send copy of fully executed agreement to Jennifer for records. PWSI not in good standing with CO SOS. Jennifer prepared agreement and sent pending good standing status resolution. 10/4/16: Pumps and valves on order. Preliminary submittal on vault completed. Moving forward with pre-cast components. Brad to meet with Dan LaCoe next week. 10/19/16: Construction progress meeting today. Structure and vault approved yesterday. Coordinating schedule with Dan LaCoe.





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11/1/16: Brad reviewed minutes from meeting with Dan Lacoe with Board. TZA to schedule next progress meeting around delivery date for vault. Expect excavation in early December. 11/16/16: Estimated delivery date for vault on 12/8. Working with Dan to confirm schedule. 1/4/17: Coring of tank complete. 2/7/17: Dan done with most of the construction work. A few outstanding items remaining. Waiting on telemetry to complete his work. Board authorized engaging TLECC for telemetry work. Jennifer to draft agreement. 2/9/17: TLECC agreement to Lisa for execution. 2/22/17: Dan’s Custom Construction’s work is generally complete and they will return once TLECC completes telemetry work. TLECC is assembling and fabricating components at their facility. 3/8/17: Refer to “TLECC Addendum” item below. 4/4/17: Lisa to conduct project critique for project. John to meet with landscaper soon regarding repairs to landscaping. TLECC to conduct work between April 17-21. 5/2/17: Plan to start station up in May to test and bring on line. Do not expect customer outages. 5/24/17: Put into service on 5/16/17. No issues to date. Brad to work on close out matters for project. Should be complete by end of May. 6/6/17: No issues to date. Will meet with Dan on site soon to review all work and project. 6/29/17: Brad sent letter to Dan LaCoe re close out matters for project. Dan to provide lien waivers. Jennifer to advertise for final payment. 7/5/17: Notice of final payment prepared for publication on 7/12 and 7/19 with final payment on 7/31 pending no verified statements of claim submitted and lien waivers provided by Dan LaCoe. 7/18/17: Brad meeting with Dan LaCoe on Monday. 8/1/17: No claims submitted. Brad provided letter of recommendation for final payment. Lisa to issue final payment and close out contract. 8/22/17: Work complete. Brad to complete comments on O&M manual. Final payment released. 9/19/17: Brad has requested information from TLECC to include in the manual.





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10/17/17: Brad working with TLECC re manual information. Trying to resolve this week or next.

Water Rights Acquisition

10/30/13 Lisa Chris Brad

Jennifer

N/A 1 X X Updates to be provided in Executive Session or under separate cover.

RHF Water Tank Paint and Roof

2/25/16 Brad 3/31/16 2 X Jeff reported paint peeling from tank. Brad left message for Coblaco, the contractor, regarding the matter. 3/28/16: Brad to follow up with Coblaco about roof issues as well. 3/30/16: Mike Atwood met with Coblaco representative on-site. 4/19/16: Brad to follow-up with Coblaco (Greg Smith). 4/28/16: Coblaco determined condensation on roof of tank which impacted paint. Coblaco working to correct issue. 5/18/16: Brad in communication with Coblaco who is working on issue. Will have update for meeting. 6/7/16: Brad working on ways to control humidity with Coblaco for resolution to issue. 6/11/16: Brad has documentation from Coblaco on issues and options and is attempting to meet with local Tnemec representative to review. 7/20/16: Meeting with rep this afternoon at District. 08/03/16: Tnemec has provided a preliminary research summary that TZA will review. TZA to locate original project documents from TST records. 9/20/16: Brad to follow up with Jonathan for original docs from TST. 10/19/16: Brad has report and talked with Tnemec. Brad to schedule meeting with Coblaco to review details. 11/16/16: Brad is meeting with Coblaco next week on Monday. 11/23/16: Brad had a call with Coblaco regarding the coating system modifications. 11/28/16: Brad has follow up call with Tnemec regarding their recommendations. 2/22/17: Brad to meet Tnemec on-site to discuss plan of action – tentatively set for 3/16/17. 3/16/17: TZA meets w/ Tnemec at site and discusses plan of action and a paint system to remedy adherence problems on roof. Wall system has performed well. Tnemec to present written recommendation and budget





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pricing. 5/24/17: Tnemec provided recommendation. Brad to review recommendation. 9/19/17: No update, but Brad will discuss with Lisa on 9/20/17 as a possible 2018 budget item.

Hayesmount Estates Development

6/3/16 Lisa Brad

Jennifer

N/A 1 X Board approved amendment to inclusion agreement to change date when SFE due subject to closing on property. They will need to obtain easement for connection to GRN water lines. Brad to send Lisa list of required improvements for development. 6/6/16: Brad e-mails information on interconnections to Dan LaCoe. 6/8/16: Brad e-mails Dan LaCoe additional information on pumping modifications and flow control/pressure sustaining valve. 6/21/16: Dan LaCoe asks about looping via GRN equestrian easement. Lisa to investigate. Brad to send Dan 2007/2008 plans for Hayesmount Estates/Homestead Heights II looping. 7/20/16: Property closed. Property owner to submit deposit with District in order to get started on work. Brad given Dan LaCoe drawing and plans from previous period. Lisa requested meeting with HOA to discuss easement to connect to GRN. Brad logging pressures at connection points today and will have information on what equipment will be needed to accomplish project. 08/23/16: Activities continue to be on hold pending developer advance for consultant reimbursements. 9/20/16: Property owner in contact with Lisa regarding proceeding. Noted she would send in $5K check to get things started. On hold waiting for deposit. 10/19/16: Property owner is selling property to another buyer. Closing scheduled for 11/1. Lisa forwarded information to buyer. No deposit received to date. 11/1/16: No response from owner regarding potential sale. 11/16/16: Property closed. Lisa reviewed process with new owners. Owners to submit deposit check with Lisa to move forward. Indicated desire to move forward quickly. No information on engineer or other staff involved. 1/20/17: Lisa scheduling meeting with owner regarding development of property.





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2/2/17: Meeting with Hayesmount Estates property owner. Jennifer to draft amendment to inclusion agreement for Board consideration at 2/7 meeting. 2/3/17: Amendment to Lisa for meeting approval and execution. 2/7/17: Board approved amendment. Lisa to have executed. 2/22/17: Jonathan has collected additional water system data from RHF and GN. TZA to develop simple WaterCAD model for looping RHF, GN, Hayesmount, and Homestead Heights. 3/15/17: TZA met with representatives of development to review water line matters and discuss design and review efforts. Meeting minutes prepared by Brad and e-mailed to Lisa. 3/20/17: TC between Brad and Lisa about Adams County information on platting and CDs. Also discussed developer’s need to resolve easement issue in Greatrock North subdivision or plan to install water line in Hayesmount Road ROW. 4/4/17: Jennifer to send form easement to Lisa for developers to use on project. Brad working with developers on easement issues. 4/5/17: Form easement to Lisa for Hayesmount developers. 5/24/17: No response or word from developers. Jonathan to follow up with them today. 7/12/17: Jonathan exchanging information with developer’s engineers. 7/18/17: Retainer depleated. Lisa requested additional funding. 8/22/17: Fire on property that burned entire property. No deposits submitted to Lisa. 8/24/17: Brad received construction plans and will review. 8/30/17: Easements received from Alex. Jennifer provided comments and requested additional information. Brad requested changes to exhibits. Lisa requested from Alex. 9/5/17: Easements approved subject to finalization by legal and engineering. 9/7/17: Plan review comments from Jonathan provided to Lisa. 10/3/17: Jennifer to review easements and confirm they are ok for recordation. 10/4/17: Jennifer confirmed ownerships and advised that they are ok. Lisa to send fully executed easements to Jennifer for recordation. 10/17/17: Easements sent to Jennifer for recordation.





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11/7/17: Brad reviewing updated documents submitted by developer. 11/22/17: Brad meeting with CES (developer’s engineer) on November 27, 2017.

SCADA Options 9/6/16 Brad Dave L

12/31/17 1 X Brad to look at options to determine whether a change in the SCADA should be done with the GRN Pump Station Project. 9/20/16: Brad received information from Dan LaCoe yesterday. Brad to review. 9/26/16: Ambiente H2O, Inc. is an option. Brad requested information from them. 11/16/16: Brad talked with Ambiente H20. Doesn’t believe it’s a good fit. Jeff feels the same. Jeff and Brad meeting next week regarding options. 1/18/17: Jeff provided TZA with recommendations for GRN project. 2/7/17: Brad recommended that Board have the full system audited to determine what improvements would need to be made throughout for consideration with 2018 budget. Brad to determine cost of audit for Board consideration. 3/7/17: Board approved agreement with HOA Solutions. Brad to send form ICA to HOA Solutions to receive feedback and then Jennifer to draft agreement. 3/17/17: Jennifer offers to send most recent version of ICA to Brad. Brad accepts and will send to HOA Solutions upon receipt. Timing of audit is dependent upon completion and operation of Greatrock North Pump Station. 3/21/17: Form ICA to Brad. 4/4/17: HOA Solutions fine with agreement but has a few comments. Brad to forward comments to Jennifer for preparation of agreement. 4/6/17: Agreement to Brad for execution. 5/2/17: HOA Solutions to attend June meeting. 5/24/17:TZA working with HOA to make arrangements for them to review project. Will likely attend July or August meeting. Brad to confirm attendance. 6/6/17:Lincoln Williams presented review of audit of SCADA system. 7/12/17: Brad to review and present written report at August meeting. 7/18/17: Brad send redlined comments and questions to Lincoln for finalization.





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8/1/17: Brad reviewed report with Board. Brad to request proposal from TLECC for intermediate repairs. Brad to have Dave L review request for additional questions, etc. 8/22/17: Brad to work on proposal for Dave to review and get proposal from TLECC. Brad to work on this week. 9/15/17: Proposal from TLECC received and will be reviewed with Lisa on 9/20/17. 10/17/17: Brad to review with Lisa, Rob and John at mid-month meeting.

Reserve Study Update 10/4/16 Brad 11/30/17 1 X Brad to provide proposal for updating the reserve study for consideration with 2017 budget. 11/16/16: Brad discussed with Lisa. Brad to finalize proposal. 3/7/17: Brad advised Board that he will submit a proposal once the improvements associated with the Greatrock North Pump Station are completed and operational to develop the best up-to-date inventory. 5/24/17: Brad to work on once GRN pump station project is complete. 8/22/17: Craig working on proposal. 9/5/17: Brad to bring to October meeting for incorporation into 2018 budget. 9/12/17: Craig e-mailed letter proposal to Lisa. 10/3/17: Board approved proposal. Jennifer to prepare addendum for execution. 10/4/17: Addendum to Lisa and Brad for execution. 10/17/17: Lisa to get addendum signed on Friday. 11/7/17: Brad and Lisa working on updated study. 11/22/17: TZA has site visit scheduled for early December to initiate update.

Refinancing of Bonds 10/4/16 Lisa Jennifer

Alan Brad

N/A 1 X Lisa to follow up with Alan Matlosz re possibility of refinancing bonds. 10/6/16: Lisa reached out to Alan re information. Awaiting response. 10/25/16: Alan provided initial information to Lisa for possible options. Board to discuss at December meeting. 11/16/16: Lisa to schedule time with Alan to attend meeting. Likely January or February meeting. 2/7/17: Alan presented options. Alan to run options for bank loan. 2/9/17: Alan provided bank loan option to Lisa. Board to review and consider at March meeting.





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2/24/17: Alan out of town for March meeting so will present at April meeting. 4/4/17: Alan presented loan options to Board. Board to send list of top five projects to Lisa by Friday for potential new money component. Board to conduct work session at May meeting on refinancing and new money to determine whether to include new money in refinancing. 5/2/17: Lisa to have Alan provide updated financial plans to demonstrate how much the District can issue for each mill and look at 15 years v. 30 years. Board to review at June meeting. 5/24/17: In process. 6/6/17: Alan presented analysis and comparisons of 15 v 30 years and impact of each mill for each scenario. Board to determine which option to go with at the July meeting. 7/12/17: Alan to run numbers with refinancing, $1M of new money, partial pledge of SDF ($4,800/SFE) and look at what we can finance if current DS mill levy remains the same. Brad to fine tune evaporation pond numbers including land acquisition costs. Board to make decision at August meeting to ensure closing before 12/1. 8/1/17: Board authorized proceeding with refinance and $2M in additional funds. Kristine and Alan to provide engagement letters for September meeting. Jennifer to provide securities disclosure for September meeting. Brad to refine costs for capital needs and provide to Board in mid-August. John and Rob are committee for making decisions for capital projects. Bonds to close before 12/1. 8/22/17: Lisa requested engagement letters from Alan and Kristine for September meeting. Met with John and Rob last week to prioritize capital projects and location of pond. Brad to send fee information to Jen by end of Wednesday for fee resolution. 8/25/17: Engagement letters for bonds to Lisa for packets. 9/5/17: Engagement letters approved by Board. Jennifer requested timeline from Alan. 9/7/17: Brad e-mails draft memo on capital project summaries to Lisa. 10/3/17: Lisa to complete due diligence questionnaire for disclosure counsel. Jennifer to assist where needed. 10/17/17: Due diligence questionnaire completed by Lisa. Lisa sent portions of POS to Matt for review and comment. Jennifer to review





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POS and provide comments. 11/7/17: Refinancing approved by Board. Closing scheduled for 12/1/17. Lisa to coordinate with directors for execution of bond documents.

Well Evaluation 11/1/16 Brad 8/31/17 2 X Brad to conduct test to see if the curve has changed from before the last cleaning. If a chance is indicated, Brad to provide a proposal for the acidization of the wells. Brad to provide the cost of the testing to Lisa for incorporation into the budget. 11/16/16: Brad requested proposal. Should have by the end of the week for Board consideration at the December meeting. 2/22/17: Brad met w/ Justin/Tom regarding proposal for initial well evaluation. Proposal to be delivered to Lisa by 3/3/17 and discussed at next Board meeting. 3/20/17: Brad e-mails letter proposal for a “Water Supply Well Evaluation” to Lisa for consideration. 4/4/17: Board approved proposal. Jennifer to prepare addendum for same. 4/5/17: Addendum to Lisa and Brad for execution. 5/2/17: Field Testing to begin first week in May. 5/24/17: Testing complete. Brad to have report available for discussion at June meeting. 6/6/17: Brad reviewed report with Board. Brad recommends doing evaluation of 2 wells each year and continue with that rotation going forward to keep information relevant. Brad to provide proposal for doing analysis on additional UKA-1 well. Jennifer to draft addendum for additional work. 7/12/17: Brad to present at August meeting. 8/1/17: Brad reviewed report with Board and recommends proceeding with recommended work. Brad to obtain proposals for work for Board consideration. 8/22/17: Rob and John confirmed work for next well evaluation. Lisa to send proposal to Jennifer for drafting of addendum. 8/25/17: Addendum to Lisa for packets. 9/5/17: Board ratified addendum. 9/19/17: UKa-1 well evaluation by TZA anticipated in late October/early November after potable water usage decreases and the





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aquifer has recovered from season’s pumping. 10/17/17: Brad to get with Justin on schedule for evaluation. 11/7/17: Well evaluation in process. 11/1/17: UKa-1 well evaluation conducted.

Homestead Heights Development (a/k/a Country Club Ranchettes)

12/6/16 Lisa

N/A 2 X 12/6/16: Retainer received from owner. Lisa to schedule meeting with staff when owner available and ready. 1/10/17: Information on water rights provided to Lisa by Matt P. 3/21/17: Chris Sanchez has begun his analysis on the maximum number of lots that can be served with the water conveyed at the time of inclusion. 5/2/17: Chris and Paul presented analysis on availability of water for subdivision and confirmed sufficient water. Chris to provide letter to developer along with the defined limitations for the availability of water including no more than 4,000 square feet of irrigated area. 5/24/17: Lisa received final report from Chris and Paul. Lisa to review and provide to developer once finalized. Next step is to set up meeting to discuss service to the property. 6/6/17: Lisa to follow up with owners regarding evaporative pond and dual system options and required infrastructure for water service. Brad to determine percentage of costs associated with options. 7/12/17: Jonathan talking with engineer for developer. No responses from them lately. Need to meet in person to move forward. 7/13/17: Lisa advised consultants to stop work until deposit paid by developer. 7/18/17: Lisa received deposit from developer. 8/22/17: No response from developer. 9/6/17: Developer’s engineer indicates they have a preliminary submittal going to Adams County in the next week or so. They are changing the name of the subdivision to Country Club Ranchettes. 10/3/17: Lisa to respond to County request for comments on preliminary plat with “no comments”. 10/17/17: Lisa responded to County via email re no comments on referral request. No response from developer on project. 11/7/17: Developer processing approvals through County. 11/22/17: Brad leaves voice message with Greg Barnes, of Adams County, regarding status of Case No. PLT2017-00016 (Country Club





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Ranchettes). Utility Billing Statement Changes

2/7/17 Lisa 1/31/18 3 X Lisa to move forward with changes to billing statements. 5/24/17: SDMS portion of project complete. Printing vendor holding up changes due to programming issues. May look for different printing vendor who can provide changes. 7/18/17: SDMS found a new printer and implementation in process for August or September billing. 8/22/17: On track for September billing. 10/17/17: Lisa working to have this done by January.

GRN Tank Drain Valve Culvert Access Clean Out

5/24/17 Lisa John

9/30/17 2 X Lisa to follow up with John regarding status of discussions with Cary Redman regarding project. 7/18/17: Lisa to ask John regarding status of proposal for work. 8/22/17: John unable to get Cary to meet with him due to schedules. 10/17/17: Lisa to discuss with John.

RHF Curb Stop Exercising

5/24/17 Lisa 8/30/17 2 X Lisa to discuss project with John. 7/12/17: Board approved agreement. Lisa to have agreement executed and Redman to begin work. 7/18/17: Lisa to get agreement executed then schedule work. 8/22/17: Waiting on Cary to execute agreement. 10/17/17: Agreement executed. Project 85% complete.

Evaporation Pond Analysis

6/6/17 Lisa Brad John

8/30/17 1 X Review previous report and analysis for cost of additional evaporative pond and update same. 7/12/17: Brad presented initial findings to Board. Brad to fine tune numbers to add piping, land acquisition, EDOP, etc. for August meeting. 8/1/17: Brad presented refined report to Board. Brad, Lisa and John to look at options for land for third pond and discuss with realtor to determine acquisition costs. 8/22/17: Rob and John met with Brad last Friday. John to coordinate meeting with property owner. 9/5/17: Brad to prepare map of desired locations on Kremmer property and meet with Henrilyn Ditch regarding possible location. 9/7/17: Brad meets with Rod Baumgartner, Manager of the Henrylyn Irrigation District. After meeting, Brad e-mails maps of property interests to Rod and Andrew Kienitz, of Albrook Partners, LLC (Kremer property). 9/13/17: Brad informs Lisa via e-mail that Rod called and the Henrylyn





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Board declined the request to sell the property as they like the buffer it provides with the Box Elder Creek Ranch subdivision. 10/3/17: Brad met with Henrilyn, which is not interested in working with the District on the site. Jennifer to ask Jody about condemnation options. Jennifer emailed Jody. 10/17/17: Jennifer discussed condemnation options with Jody and shared information with Lisa. Brad to discuss with John and Rob at mid-month meeting. 11/7/17: Rob and Brad met with Henrilyn manager. Lisa, Brad and John to attend next Henrilyn Board meeting on 12/7 at 3 to address request and discuss with Board. Brad to update map for meeting.

BECR Filing No. 4 Development

7/12/17 Lisa Jennifer

N/A 1 X Jennifer to review historical documents for obligations and rights. Lisa to meet with developer to answer initial questions. 7/18/17: Lisa and Jennifer discussed status. Updates to be provided in Executive Session or under separate cover. 8/1/17: Lisa and Jennifer discussed status with Board. 8/22/17: Waiting on deposit from Dave Rye to move forward with discussions. 10/3/17: Jennifer to provide revisions to Chris and Lisa on response letter. Jennifer to send letter to Board before it goes to Dave Rye. 10/17/17: Letter sent to purchaser. 11/7/17: Lisa received response from purchaser’s agent. Lisa to schedule call among Lisa, Jennifer and Chris to discuss. Chris to attend December meeting to discuss in detail with Board.

Drilling of Private Wells

9/5/17 Lisa Chris

N/A 2 X Chris to advise of limitations and permissions for drilling of private wells within the District.

UKA #3 Well Rehab Evaluation

9/5/17 Brad Jennifer

N/A 2 X Board approved agreement with Colorado Pump. Brad previously sent ICA to them for review and comment. Brad to follow up on same. Jennifer to finalize agreement upon receipt of comments from contractor. 9/19/17: UKa-3 well repair and rehabilitation work pending contractor’s acceptance of form of ICA. 10/17/17: Brad to follow up with contractor re ICA. 11/7/17: Jennifer to revise form ICA to pare down to discussed provisions.

2018 Budget 9/5/17 Lisa BOD

1/30/18 2 X Lisa to prepare draft budget with input from Board as to desired projects for 2018 that are outside the capital projects planned and discussed.





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Staff to provide Lisa with updated fee schedules and estimated costs for 2018. 10/3/17: Brad to run rate model for confirmation of fees. Jennifer to draft notice for fees for December meeting. November meeting/budget hearing confirmed. 10/4/17: Notice to Lisa for posting on District website and SDA. 10/6/17: Notice for fees posted. 10/17/17: Draft budget circulated to Board by 10/15 deadline. Lisa working to revise and update budget. 11/7/17: Board adopted budget amendment and budget. Lisa to finalize, file with DLG and certify mill levy.

2017 Audit 9/5/17 Lisa 11/30/17 2 X Lisa to obtain engagement letter for 2017 audit for Board consideration. 10/17/17: Requested audit engagement letter. 11/7/17: Audit engagement letter approved.

2017 Annual Matters 9/5/17 Jennifer Lisa

12/31/17 3 X Prepare annual resolutions and documents for final meeting. 11/27/17: Resolutions to Lisa for packets.

ICA Renewals and Terminations

9/5/17 Jennifer Lisa

12/31/17 3 X Prepare for final meeting. 11/7/17: TZA, SDMS, BBA, REC and WBA to have fee updates. 11/22/17: TZA updates its billing rates approximately April 1 of each year. 11/27/17: Agreements and terminations to Lisa for packets.

ICA with AssetMap 11/7/17 Jennifer 12/1/17 2 X Draft agreement for mapping services due to Manhard acquisition of Tamarack. 11/27/17: Agreement to Lisa for packets.

WATER & SANITATION DISTRICT

Date: November 27, 2017 To: Greatrock North Water and Sanitation District, Board of Directors From: Lisa A. Johnson, District Manager Re: December 5, 2017 Manager’s Report Agenda Action Items

II.A. Consent Agenda

1. Review and approve the Minutes of the November 7, 2017 regular meeting.

2. Ratify the approval of the November payables.

3. Operations and Maintenance update and completed work orders.

4. Review monthly water meter installations.

5. Accept the October 31, 2017 financial statements.

6. Approve agreements, addendums and engagement letters for 2018 consultant

services.

7. Approve termination of contracts for work that has been completed.

8. Adopt Resolution No. 2017-12-01: 2018 Annual Administrative Matters Resolution.

9. Adopt Resolution No. 2017-12-02: Resolution Calling the May 8, 2018 Director’s Election.

10. Adopt Updated CORA Policy

I recommend approval of the consent agenda items.

III.B. 2018 Water Rates

Mr. Simons and I met last week to review the rate model related to water rates for 2018. The rate model showed that current rates are covering expenses for yet another year. Staff will discuss possible reductions to the usage rates and the affect that would have on overall revenue at the meeting. Should the Board decide to make changes to the water rates for 2018, I recommend

adoption of the associated Resolutions.

VI.A. Discussion with Real Estate of the Rockies Regarding Development of BECR Filing 4 Representatives from the potential buyer will be attending the meeting in December to

discuss their request to drill an alluvial well to serve the property. Chris Sanchez will also attend the meeting and has provided the representatives with questions/comments in advance to make the discussion as beneficial as possible and aide the Board in making a decision on whether to allow their request to drill an alluvial well to serve the property.

VII.A. Hayesmount Estates

Nothing new to report. VII.B. Homestead Heights

Nothing new to report.

Review of monthly Water Resumes and Other Water Related Matters

Attorney Poznanovic has reviewed the September resume and did not find any cases he recommends the District oppose.

Update on other District Related Matters

3rd Evaporation Pond Committee Meeting: There was not a committee meeting in November.

.

Greatrock North Water & Sewer District

Monthly Activities October 25, 2017 – November 24, 2017

10/25/17: (2.5 hrs.) Regular checks and readings complete. Replaced PLC back up battery. 10/27/17: (1.5 hrs.) Regular checks and readings complete. 10/30/17: (1.0 hrs.) Regular checks and readings complete. 11/1/17: (2.72 hrs.) Regular checks and readings complete. Completed TZA testing and

delivered to lab.

11/3/17: (2.09 hrs.) Regular checks and readings complete. 11/6/17: (1.5 hrs.) Regular checks and readings complete. 11/8/17: (1.5 hrs.) Regular checks and readings complete. Completed water inspection at 16170 Rayburn St., yolk still broken. Sampled pH and Conductivity at all pump stations. 11/10/17: (1.9 hrs.) Regular checks and readings complete. Checked fuel and oil levels

in all generators.

11/13/17: (1.75 hrs.) Regular checks and readings complete. Collected Bac T samples

and delivered to lab. 11/15/17: (1.42 hrs.) Regular checks and readings complete. Completed locates at

31329 E 164th Ave. Collected TDA and Hardness samples from all pump stations. 11/17/17: (1.33 hrs.) Regular checks and readings complete. Completed inspections at

31580 E 162nd Ave. 11/20/17: (1.75 hrs.) Regular checks and readings complete. Completed inspections at

16360 Queensview St. and 16170 Rayburn St. 11/22/17: (1.92 hrs.) Regular checks and readings complete. Completed tank

inspections at GRN and RHF. Completed service line inspection at 31460 E 162nd Ave. 11/24/17: (1.00 hrs.) Regular checks and readings complete.

October 25 to November 24, 2017

RO Run Time 166.4 hrs.

RO Concentrate Flow: 1 pond (South) 299,520 gal.

Collected on 11/15/17 Monthly Testing TDS (mg/L) Calcium (mg/L) Magnesium (mg/L) Total Hardness (mg/L)

BE 240 17.3 3.14 56.1

RHF 260 21.3 3.96 69.4

GRN 257 20.5 3.46 65.4

Date Permeate Flow

Concentrate Flow

% Recovery Permeate Conductivity

Hour Meter

10/25/17 0 0 0 0 830.4

10/27/17 0 0 0 0 843.9

10/30/17 0 0 0 0 863.6

11/1/17 0 0 0 0 877.3

11/3/17 0 0 0 0 889.4

11/6/17 0 0 0 0 906.3

11/8/17 0 0 0 0 916.5

11/10/17 105 29 78.5 17 925.0

11/13/17 0 0 0 0 944.3

11/15/17 0 0 0 0 954.9

11/17/17 0 0 0 0 954.9

11/20/17 0 0 0 0 979.9

11/22/17 0 0 0 0 989.8

11/24/17 0 0 0 0 996.8

Completed Work Order List Report 11/27/2017

Page 1 of 1

Completed EquipmentNumber

Task Priority WO# Type

11/10/2017 BOX Generator Ck Fuel Check Fuel Level 5 955.01 Scheduled

11/10/2017 GN Generator Ck Fuel Check Fuel Level 5 956.01 Scheduled

11/10/2017 RHF Generator Ck Fuel Check Fuel Level 5 957.01 Scheduled

11/10/2017 BOX Generator Ck Oil Check Oil Level(069) 5 958.01 Scheduled

11/10/2017 GN Generator Ck Oil Check Oil Level(069) 5 959.01 Scheduled

11/10/2017 RHF Generator Ck Oil Check Oil Level(069) 5 960.01 Scheduled

11/3/2017 ALV-2 Well EDOP Sampling 1 941.01 Scheduled

11/1/2017 BOX RO system Send Pictures 2 946.01 Scheduled

10/31/2017 BOX BP1 VFD Clean Eqp Clean Equipment 5 933.01 Scheduled



10/31/2017 Pond Aerator Clean Clean 4 939.01 Scheduled

Greatrock Meter Install/Replacements

Address Date Reason why meter was replaced

31390 E 164th Ave 08/24/14 new install

16421 Timber Cove St 08/26/14 replacement

31350 E 167th Ave 08/26/14 replacement

16685 Stroilway St 08/29/14 replacement

16640 Stroilway St 09/03/14 replacement


16481 Tree Haven St 09/08/14 replacement


16410 Rayburn St 11/24/14 new install

31320 E 163rd Ave 12/17/14 new install

31501 E 167th Ave 01/14/15 replacement for meter not approved by District

31425 E 162nd Ave 01/20/15 new install

28567 E 163rd Place 02/10/15 new install

16501 Timber Cove St 03/09/15 replacement

30164 W 165th Ave 05/27/15 replacement

16500 Tree Haven St 06/22/15 Transmitter failing. Reading on transmitter not the same as on meter



31393 E 163rd Ave 09/16/15 new install


16355 Queensview St 11/04/15 new install


16580 Timber Cove St 12/10/15 faulty transmitter


29757 E 166th Place 12/29/15 meter leaking from the bottom

28315 E 163rd Place 01/29/16 high reading, bench tested good, customer requested

16250 Bentley St 03/08/16 faulty transmitter, transmitter and meter had different readings


29951 E 163rd Place 03/21/16 low pressure at residence, replacement requested by DM


31350 E 160th Ct 06/02/16 new install


16670 Stroilway St 07/11/16 encoder error/failing transmitter

16715 Shadow Wood Ct 07/11/16 encoder error/failing transmitter

30453 E 165th Ave 08/18/16 customer requested due to loudness of meter when sprinklers on




16550 Tree Haven St 09/19/16 Transmitter failing. Reading on transmitter not the same as on meter


30363 E 165th Ave 10/20/16 resident complaining of noise coming from meter (old style)


Greatrock Meter Install/Replacements




16755 Shadow Wood Court 04/10/17 faulty transmitter

31407 E 160th Ct 05/22/17 new install


16540 Umpire St 06/09/17 faulty transmitter, transmitter hit with mower by resident

31505 E 166th Ave 06/09/17 faulty transmitter



16280 Rayburn Street 07/14/17 new install

16251 Rayburn Street 07/14/17 new install

31480 E 161st Ct 08/10/17 new install

16340 Queensview Street 08/23/17 new install

31370 E. 161st Court 08/23/17 new install

16351 Umpire Street 09/08/17 failing transmitter

16320 Timber Cove Street 09/08/17 failing transmitter

0495.0018A; 866095

THIRD ADDENDUM TO

INDEPENDENT CONTRACTOR AGREEMENT (District Management and Accounting Services)

This THIRD ADDENDUM TO INDEPENDENT CONTRACTOR AGREEMENT (the “Third Addendum”) is entered into on the 5th day of December, 2017, and shall become effective as of the 1st day of January 2018, by and between GREATROCK NORTH WATER AND SANITATION DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado (the “District”), and SPECIAL DISTRICT MANAGEMENT SERVICE, INC., a Colorado corporation (the “Company”), collectively referred to herein as the “Parties.”

RECITALS: WHEREAS, the Parties entered into an Independent Contractor Agreement, dated January 1, 2015, which was amended in the First Addendum to Independent Contractor Agreement, dated November 3, 2015, and in the Second Addendum to Independent Contractor Agreement, dated December 6, 2016 (collectively, the “Agreement”); and WHEREAS, the Agreement provides a Compensation Schedule for the Services provided under the Agreement; and

WHEREAS, the Parties desire to revise the Compensation Schedule to reflect a change in the Company’s rates. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties covenant and agree as follows:

TERMS AND CONDITIONS:

1. REPLACEMENT OF COMPENSATION SCHEDULE. Effective January 1, 2018, the Parties hereby agree to revise the Agreement to replace the Compensation Schedule set forth in the Agreement with the Compensation Schedule set forth in Exhibit A, attached hereto and incorporated herein by this reference. Such Compensation Schedule as provided in Exhibit A shall replace in its entirety the Compensation Schedule included in the Agreement.

2. PRIOR PROVISIONS EFFECTIVE. Except as specifically amended hereby, all the terms and provisions of the Agreement shall remain in full force and effect.

3. COUNTERPART EXECUTION. This Third Addendum may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

[Remainder of Page Intentionally Left Blank.]

0495.0018A; 866095

IN WITNESS WHEREOF, the Parties have caused this Third Addendum to be duly executed and delivered by their respective officers thereunto duly authorized as of the date first above written.

DISTRICT: GREATROCK NORTH WATER AND SANITATION DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado Officer of the District

APPROVED AS TO FORM: WHITE BEAR ANKELE TANAKA & WALDRON Attorneys at Law General Counsel to the District COMPANY:

SPECIAL DISTRICT MANAGEMENT SERVICES, INC., a Colorado corporation

Printed Name: Title:

0495.0018A; 866095

EXHIBIT A

Compensation Schedule

Supplies and Materials Per Cost Copies, Black and White each $0.20 Copies, color each $0.69 Fax page $0.20 Mileage mile $0.54 Postage each at cost Supplies each at cost Hourly Rates

District Manager $137.00 Administrative Staff $137.00 Accounting Staff $137.00 Field Technician $70.00 Billing Specialist $65.00 A detailed invoice, reflecting time and costs for the month, is provided to the District monthly.

2154 E. Commons Ave., Ste. 2000 | Centennial, CO 80122 | P 303.858.1800 F 303.858.1801 | WhiteBearAnkele.com

GARY R. WHITE KRISTEN D. BEAR WILLIAM P. ANKELE, JR. JENNIFER GRUBER TANAKA CLINT C. WALDRON KRISTIN BOWERS TOMPKINS ROBERT G. ROGERS OF COUNSEL: BLAIR M. DICKHONER

SEAN ALLEN ZACHARY P. WHITE CASEY K. LEKAHAL

TRISHA K. HARRIS HEATHER L. HARTUNG

MEGAN J. MURPHY KRISTIN J. SCHLEDORN

SILVIA FEJKA JOHN R. SHERMAN

BRAD T. NEIMAN

December 5, 2017 Board of Directors Greatrock North Water and Sanitation District c/o Special District Management Services, Inc. 141 Union Boulevard, Suite 150 Lakewood, Colorado 80228 RE: Engagement of WHITE BEAR ANKELE TANAKA & WALDRON Dear Directors: We are pleased to confirm our continued engagement as general counsel to the Greatrock North Water and Sanitation District (the “District”).

This engagement letter provides the terms upon which White Bear Ankele Tanaka & Waldron

(“WBA”) will provide legal services to the District and is intended to formalize our retention as general counsel, as required by the applicable Rules of Professional Conduct. This letter sets forth details of the engagement, including how we propose to staff the matter, billing arrangements and certain conflict of interest understandings. Additional information about WBA can be found at www.whitebearankele.com. 1. Personnel. Legal services provided under this engagement may be performed by any lawyer at WBA. We will also use paralegals and/or other support staff as we believe to be necessary and effective in providing you with legal services.

2. Fees, Expenses and Retainer. Our fees for services rendered on the District’s behalf will be based upon time charged using the hourly rates charged by each attorney or paralegal working on the matter. WBA’s legal services are billed on an hourly basis, in increments of one-tenth of an hour, and are not contingent. Hourly rates for professionals in WBA currently range from $190.00 to $450.00 (attorneys) and from $135.00 to $155.00 (paralegals). Hourly rates are revised each year to reflect the current cost for delivery of legal services and the fees charged for services under this engagement may change without notice. From time to time WBA prepares memoranda, agreements or other documents based upon current legislative, State and Federal law concerns that are the subject of common interest and benefit to our clients. WBA allocates the fees for this work on an equitable basis to clients who benefit from this legal work by WBA’s personnel. If you do not wish to receive

http://www.whitebearankele.com/

Board of Directors Greatrock North Water and Sanitation District RE: Engagement of WHITE BEAR ANKELE TANAKA & WALDRON December 5, 2017 Page 2 of 4

this information, please advise us accordingly. WBA contracts with other law firms for the performance of specialized services. In the event that these services are rendered on behalf of the Client, the fees and costs associated with those services will be reflected on WBA’s bill.

In addition to legal fees, WBA also charges for certain out-of-pocket costs incurred by us in

representing you. Charges for long distance telephone calls (domestic only), conference calling services (domestic only), facsimiles (domestic only), in-office copying, ordinary postage (under $10.00), and deliveries made by in-house staff are covered by an administrative fee, currently equal to 2.5% of the legal fees charged. This administrative fee is in lieu of itemizing those expenses and may be adjusted over time. If there are other expenses, such as filing and recording fees, computer-assisted research fees, mileage, delivery service fees, travel, meals or hotel accommodation charges, those will be billed separately. These costs are subject to the same payment terms as legal fees and are your responsibility. WBA’s policy is to advance or incur expenses on a discretionary basis up to $1,000.00, subject to your reimbursement of them in the next bill. If an expense will exceed that amount, we will ask you to pay it directly to us in advance or have you contract directly with the vendor.

WBA will not require the payment of a retainer at this time, but we reserve the right to require a retainer if deemed necessary by WBA or if you fail to timely pay invoices. 3. Billing. Generally, invoices for fees and expenses will be submitted to you monthly and are due upon receipt. If an invoice remains unpaid after thirty (30) days, we will consider it in default and you agree that we may charge a late fee on all amounts due and owing at the rate of one percent (1%) compounded monthly. By signature below, you agree to pay all fees, costs and expenses billed by WBA for the legal services. If payments as described above are not paid on a timely basis, WBA may withdraw from the representation in accordance with the Rules of Professional Conduct. In the event that WBA is compelled to resort to collection of your account, which may or may not include litigation, you agree that your obligations to WBA shall include payment of all costs and expenses of such collection efforts, including court fees and costs, attorneys’ fees and out-of-pocket expenses.

4. Attorney-Client Relationship. In performing our services as general counsel to the District, the District will be our client. We will represent the interests of the District, acting through its duly authorized management, rather than the Board of Directors, the Board’s individual members or the District’s employees. Nothing in this engagement agreement and nothing in our statements to you will be construed as a guarantee or promise about the outcome of any matter which WBA may handle on your behalf. Our comments about the outcome of your matters or any phase thereof are expressions of opinion only. Further, neither WBA nor any of its attorneys or employees shall be employed, retained, or otherwise categorized as a “municipal advisor” to the District as such term is defined in the 15 U.S.C. 78o-4(e)(4)(c), as amended by the Dodd/Frank Act (the “Act”), or any rules promulgated by the Securities and Exchange Commission under the Act. Any comments or advice provided by WBA or its attorneys regarding the issuance of securities by the District shall be solely


of a “traditional legal nature”, as permitted under the Act. Throughout the attorney-client relationship, the District consents to the use of the District’s name and public information relating to the District’s transactions on WBA’s website or in other marketing materials.

5. Conflicts of Interest. We have performed an internal review for potential conflicts

of interest based upon information you have provided to us and we find none at this time. If any are discovered in the future, we will discuss our continued engagement with you.

WBA represents many other local governments and municipal clients that may be viewed as competing with the District. Simultaneous representation in unrelated matters of clients whose interests are only economically adverse, such as representation of competing economic enterprises in unrelated litigation, does not ordinarily constitute a conflict of interest that requires consent of the respective clients.

6. Document Retention. WBA maintains its client files electronically and ordinarily does not keep separate paper files. We will scan documents you or others send to us related to your work to our electronic file and will ordinarily maintain the electronic version throughout the term of our engagement or, in some instances, while a particular matter or project is pending. Unless you instruct us otherwise, with limited exceptions for certain documents such as original real property deeds and promissory notes, once such documents have been scanned to our electronic file, we will destroy all paper documents provided to us. Following the conclusion of our services, we will return the District’s files to the District upon request, unless WBA has not received payment of all outstanding fees and costs, in which case WBA reserves the right to withhold them until payment is made. Otherwise, no sooner than thirty (30) days after the conclusion of our services, we may destroy the files. Please note that if WBA is designated as the public records custodian for the District pursuant to §§24-72-202, et seq., C.R.S., WBA will maintain all public records in accordance with any duly approved and adopted retention and destruction policy of the District and the Colorado State Archives or similar regulatory body. 7. Termination. You will have the right to terminate our representation at any time. Whether you terminate the representation or we terminate the representation for reasons set forth in the Rules of Professional Conduct, including nonpayment of legal fees and expenses, all fees incurred for services rendered through the date of termination, as well as all costs and expenses incurred by us on your behalf, must be paid within ten days of receipt of our final statement. We reserve the right to charge for any extraordinary work required in connection with the orderly transition of pending matters to new counsel. Upon conclusion of our services, whether due to termination or completion of the work, we will not thereafter be responsible for legal matters for which our services have not been specifically requested and we have agreed to perform in writing. 8. Arbitration of Disputes. If a dispute arises regarding our services or fees, any fee dispute will be decided by the Colorado Bar Association Legal Fee Arbitration Committee in Denver, Colorado. There is no charge for the dispute resolution services provided by the Legal Fee Arbitration Committee and each party will pay its own costs and expenses. If, either in addition to a pending fee


dispute or in the absence of one, any other dispute or claim of any type or nature arises with respect to services rendered pursuant to this engagement agreement, including, without limitation, a claim for legal malpractice, it will be decided by the Judicial Arbiter Group in Denver, Colorado by a single arbitrator to be mutually agreed to by the parties. Each party will be responsible for paying one half of all fees and expenses charged by the arbitrator. The parties recognize that by agreeing to arbitration as the method for dispute resolution, they relinquish the right to bring an action in court and waive the right to a jury trial and the extensive discovery rights typically permitted in judicial proceedings. 9. Employment Eligibility. WBA hereby states that it does not knowingly employ or contract with an illegal alien, and that WBA has participated in or has attempted to participate in the E-Verify program pursuant to §§8-17.5-101, et seq., C.R.S., in order to verify that it does not employ any illegal aliens. If you are in agreement with the foregoing terms of this engagement and it meets your understanding of the professional relationship we have established, please have an authorized representative of the District sign and return a copy of this letter to our office at your earliest convenience. By signing below, you acknowledge that you have been given the opportunity to discuss this engagement letter with another attorney or any other person of your choosing. We look forward to working with you and will commit the necessary resources of WBA to meet your needs. Our efforts will always be to ensure that our relationship is based on open and honest communication regarding these matters. If at any time you have questions concerning our representation, please feel free to contact us immediately.

Sincerely,

WHITE BEAR ANKELE TANAKA & WALDRON Attorneys at Law JGT:ecs APPROVED, ACCEPTED AND AGREED TO BY: Greatrock North Water and Sanitation District Signature Printed Name: Position: Date:

0495.0019.14.3; 864795

THIRD ADDENDUM TO

INDEPENDENT CONTRACTOR AGREEMENT (Water Rights Engineering Services)

This THIRD ADDENDUM TO INDEPENDENT CONTRACTOR AGREEMENT (the “Third Addendum”) is entered into and effective on the 5th day of December, 2017, to become effective as of January 1, 2018, by and between GREATROCK NORTH WATER AND SANITATION DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado (the “District”), and BISHOP-BROGDEN ASSOCIATES, INC., a Colorado corporation (the “Contractor”), collectively referred to herein as the “Parties.”

RECITALS: WHEREAS, the Parties entered into an Independent Contractor Agreement, dated January 1, 2011, which was amended in the First Addendum to Independent Contractor Agreement, dated February 2, 2016, and the Second Addendum to Independent Contractor Agreement, January 1, 2017 (collectively, the “Agreement”); and

WHEREAS, the Agreement sets forth the Services to be completed under the Agreement; and

WHEREAS, the Independent Contractor has had an adjustment in hourly rates as set forth

in the Fee Schedule included in Exhibit A of the Agreement and the Parties desire the amend the Agreement to revise the Fee Schedule. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties covenant and agree as follows:

TERMS AND CONDITIONS:

1. REVISIONS TO FEE SCHEDULE. The Parties hereby amend the Fee Schedule set forth in Exhibit A of the Agreement with the new hourly rates and Fee Schedule set forth in Exhibit

A, attached hereto and incorporated herein by this reference.

2. PRIOR PROVISIONS EFFECTIVE. Except as specifically amended hereby, all the terms and provisions of the Agreement shall remain in full force and effect.

3. COUNTERPART EXECUTION. This Third Addendum may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

[Remainder of Page Intentionally Left Blank.]

0495.0019.14.3; 864795

IN WITNESS WHEREOF, the Parties have caused this Third Addendum to be duly executed and delivered by their respective officers thereunto duly authorized as of the date first above written.


APPROVED AS TO FORM: WHITE BEAR ANKELE TANAKA & WALDRON Attorneys at Law General Counsel to the District

CONTRACTOR:

BISHOP-BROGDEN ASSOCIATES, INC., a Colorado corporation

Printed Name: Title:

0495.0019.14.3; 864795

EXHIBIT A

1

INDEPENDENT CONTRACTOR AGREEMENT (GIS Software Maintenance Services)

This INDEPENDENT CONTRACTOR AGREEMENT, including any and all exhibits attached hereto (the “Agreement”), is entered into as of the 5th day of December, 2017, by and between GREATROCK NORTH WATER AND SANITATION DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado (the “District”), and MY ASSET MAP LLC, a Colorado limited liability company (the “Contractor”). The District and the Contractor are referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS

WHEREAS, the District was organized pursuant to and in accordance with the provisions of §§ 32-1-101, et seq., C.R.S. for the purpose of constructing, financing, operating and maintaining certain public facilities and improvements for itself, its taxpayers, residents and users; and WHEREAS, pursuant to § 32-1-1001(1)(d)(I), C.R.S., the District is empowered to enter into contracts and agreements affecting the affairs of the District; and WHEREAS, pursuant to § 32-1-1001(1)(i), C.R.S., the District is empowered to appoint, hire and retain agents, employees, engineers and attorneys; and WHEREAS, the District desires to engage the Contractor to perform certain services as are needed by the District to serve the property within and without its boundaries; and WHEREAS, the Contractor has represented that it has the professional experience, skill and resources to perform the services, as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and stipulations set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:

TERMS AND CONDITIONS 1. SCOPE OF SERVICES. The Contractor shall perform the services described in Exhibit A, attached hereto and incorporated herein by this reference (the “Services”): (a) in a first-class manner, to the satisfaction of the District, using the degree of skill and knowledge customarily employed by other professionals performing similar services in the area of the District; (b) within the time period and pursuant to the Scope of Services specified in said Exhibit A; (c) in such a manner as to minimize any annoyance, interference or disruption to the residents, tenants, occupants and invitees within the District; and (d) in compliance with all applicable federal, state, county and local or municipal body or agency statutes, ordinances and regulations, including, without limitation, any licensing, bonding, and permit requirements, and including without limitation, any such laws relating to storage, use or disposal of hazardous wastes, substances or materials. Exhibit A may take any form, including forms which may include price and payment

2 0495.0291: 864799

terms. In the event of any conflict between terms set forth in the body of this Agreement and terms set forth in Exhibit A, the terms in the body of this Agreement shall govern. Contractor shall have no right or authority, express or implied, to take any action, expend any sum, incur any obligation, or otherwise obligate the District in any manner whatsoever, except to the extent specifically provided in this Agreement. 2. TERM/RENEWAL. This Agreement shall be effective as the dated date hereof and shall terminate on the earlier to occur of: (i) termination pursuant to Section 18 hereof; or (ii) December 31, 2017. Notwithstanding the foregoing, unless terminated pursuant to (i) above, or unless the District determines not to appropriate funds for this Agreement for the next succeeding year, this Agreement shall automatically renew for each succeeding year for an additional one (1) year term commencing January 1 of the next succeeding year.

3. ADDITIONAL SERVICES. The District may, in writing, request the Contractor to provide additional services not set forth in Exhibit A. The terms and conditions of the provision of such services shall be subject to the mutual agreement of the Contractor and the District pursuant to a written service/work order executed by an authorized representative of the District and the Contractor. Authorization to proceed with additional services shall not be given unless the District has appropriated funds sufficient to cover the additional compensable amount. To the extent additional services are provided pursuant to this Section 3, the terms and conditions of this Agreement relating to Services shall also apply to any additional services rendered.

4. REPAIRS/CLAIMS. The Contractor shall notify the District immediately of any

and all damage caused by the Contractor to District property and that of third parties. The Contractor will promptly repair or, at the District’s option, reimburse the District for the repair of any damage to property caused by the Contractor or its employees, agents or equipment. In addition, the Contractor shall promptly notify the District of all potential claims of which it becomes aware. The Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and to grant to the District the opportunity to review and inspect such evidence, including the scene of any damage or accidents. The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Services and shall provide all reasonable protection to prevent damage or injury to persons and property, including any material and equipment related to the Services, whether in storage on or off site, under the care, custody, or control of the Contractor or any of its subcontractors.

5. GENERAL PERFORMANCE STANDARDS. a. The Contractor has by careful examination ascertained: (i) the nature and location of the Services; (ii) the configuration of the ground on which the Services are to be performed; (iii) the character, quality, and quantity of the labor, materials, equipment and facilities necessary to complete the Services; (iv) the general and local conditions pertaining to the Services; and (v) all other matters which in any way may affect the performance of the Services by the Contractor. Contractor enters into this Agreement solely because of the results of such examination and not because of any representations pertaining to the Services or the provision thereof made to it

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by the District or any agent of the District and not contained in this Agreement. The Contractor represents that it has or shall acquire the capacity and the professional experience and skill to perform the Services and that the Services shall be performed in accordance with the standards of care, skill and diligence provided by competent professionals who perform services of a similar nature to those specified in this Agreement. If competent professionals find that the Contractor’s performance of the Services does not meet this standard, the Contractor shall, at the District’s request, re-perform the Services not meeting this standard without additional compensation. b. The Services of the Contractor shall be undertaken and completed to assure their expeditious completion in light of the purposes of this Agreement. If performance of the Services by the Contractor is delayed due to factors beyond the Contractor’s reasonable control, or if conditions of the scope or type of services are expected to change, Contractor shall give timely notice to the District of such a delay or change and receive an equitable adjustment of time and/or compensation, as negotiated between the Parties. c. The Services provided under this Agreement shall be adequate and sufficient for the intended purposes and shall be completed in a good and workmanlike manner. d. The Contractor declares that it has complied with all Federal, State and local laws, rules, regulations, ordinances and/or similar directives regarding business permits, certificates and licenses that are required to provide the Services under this Agreement. e. The responsibilities and obligations of the Contractor under this Agreement shall not be relieved or affected in any respect by the presence of any agent, consultant, sub-consultant or employee of the District. Review, acceptance or approval by the District of the Services performed or any documents prepared by the Contractor shall not relieve the Contractor of any responsibility for deficiencies, omissions or errors in said Services or documents, nor shall it be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

6. MONTHLY STATUS REPORT. The Contractor shall provide to the District, at the District’s request, on or before the 25th of each month, a narrative progress and status report describing work in progress and results achieved during the reporting period, including a description of the Services performed during the invoice period and the Services anticipated to be performed during the ensuing invoice period (“Monthly Report”).

7. COMPENSATION AND INVOICES.

a. Compensation. Compensation for the Services provided under this Agreement shall be in accordance with the compensation schedule attached hereto as Exhibit B. The Contractor shall be responsible for all expenses it incurs in performance of this Agreement and shall not be entitled to any reimbursement or compensation except as provided in Exhibit B of this Agreement, unless said reimbursement or compensation is approved in writing by the District in advance of incurring such expenses. Any direct reimbursable costs for materials will be reimbursable at the Contractor’s actual cost, provided that the Contractor shall notify the District of the estimated amount of such reimbursable costs (or any material adjustments thereto

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subsequently identified) prior to commencing the requested services. Concurrent with the execution of this Agreement, the Contractor shall provide the District with a current completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification) (“W-9”). No payments will be made to the Contractor until the completed W-9 is provided. The W-9 shall be attached hereto and incorporated herein as Exhibit B-2. b. Recurring Payments. The monthly subscription fees for Task 1.0 as set forth in the attached Exhibit B shall be paid to the Contractor via automatic ACH Debit, pursuant to the Recurring Payment Authorization Form attached hereto as Exhibit B-1. c. Invoices. Invoices for the Services, including the charges for the monthly subscription fees for Task 1.0 and any additional fees or charges, shall be submitted monthly, by the 10th of each month, during the term of the Agreement and shall contain the following information: i. An itemized statement of the Services performed.

ii. Any other reasonable information required by the District to process payment of the invoice, including project and/or cost codes as provided in any applicable written service/work order.

The District shall be charged only for the actual time and direct costs incurred for the performance of the Services. Invoices received by the District after the 10th of each month may be processed the following month. 8. TIME FOR PAYMENT. Except for payment of the monthly subscription fees for Task 1.0, which shall be paid via automatic ACH Debit, as set forth in Section 7.b above, payment for the Services shall be made by the District within thirty (30) days of receipt of: (i) a timely, satisfactory and detailed invoice; and (ii) if applicable, a satisfactory and detailed Monthly Report, for that portion of the Services performed and not previously billed. The District may determine to waive or extend the deadline for filing the Monthly Report, or may make payment for Services to the Contractor notwithstanding a delay in filing the Monthly Report, upon reasonable request of the Contractor, if it is in the best interest of the District to do so. In the event a Board meeting is not scheduled in time to review payment of an invoice, the Board hereby authorizes payment for Services, subject to the appropriation and budget requirements under Section 27, without the need for additional Board approval, so long as any payment required to be made does not exceed the amounts appropriated for such Services as set forth in the District’s approved budget. Such payment shall require review and approval of each Monthly Report and invoice by the President and one other officer of the District, subject to ratification at the next succeeding special or regular Board meeting. 9. INDEPENDENT CONTRACTOR. The Contractor is an independent contractor and nothing herein shall constitute or designate the Contractor or any of its employees or agents as employees or agents of the District. The Contractor shall have full power and authority to select the means, manner and method of performing its duties under this Agreement, without detailed control or direction from the District, and shall be responsible for supervising its own employees or

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subcontractors. The District is concerned only with the results to be obtained. The District shall not be obligated to secure, and shall not provide, any insurance coverage or employment benefits of any kind or type to or for the Contractor or its employees, sub-consultants, contractors, agents, or representatives, including coverage or benefits related but not limited to: local, state or federal income or other tax contributions, insurance contributions (e.g. FICA taxes), workers’ compensation, disability, injury, health or life insurance, professional liability insurance, errors and omissions insurance, vacation or sick-time benefits, retirement account contributions, or any other form of taxes, benefits or insurance. The Contractor shall be responsible for its safety, the safety of its employees, the public and the work site in general and shall comply with all applicable provisions of local, state and federal laws, regulations and orders affecting safety and health, including but not limited to the Occupational Safety and Health Act of 1970 (OSH Act). All personnel furnished by the Contractor will be deemed employees of the Contractor and will not for any purpose be considered employees or agents of the District, and the Contractor will comply with all employment laws relative to such employees, including but not limited to Wage and Hour laws, Worker Compensation Laws, Immigration Laws and OSHA-type laws. The Contractor is not entitled to worker’s compensation benefits or unemployment insurance benefits, unless unemployment compensation coverage is provided by the Contractor or some other entity other than the District, and the Contractor is obligated to pay federal and state income taxes on moneys earned pursuant to this Agreement. 10. EQUAL OPPORTUNITY / EMPLOYMENT ELIGIBILITY. This Agreement is subject to all applicable laws and executive orders relating to equal opportunity and non-discrimination in employment and the Contractor represents and warrants that it will not discriminate in its employment practices in violation of any such applicable law or executive order. The Contractor hereby states that it does not knowingly employ or contract with illegal aliens and that the Contractor has participated in or has attempted to participate in the E-Verify Program or Department Program (formerly known as the Basic Pilot Program) (as defined in §8-17.5-101, C.R.S.) in order to verify that it does not employ any illegal aliens. The Contractor affirmatively makes the follow declarations: a. The Contractor shall not knowingly employ or contract with an illegal alien who will perform work under the public contract for services contemplated herein and will participate in the E-Verify Program or Department Program (as defined in §8-17.5-101, C.R.S.) in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services contemplated herein. b. The Contractor shall not knowingly enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform the services contemplated herein. c. The Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the E-Verify Program or the Department Program.

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d. The Contractor is prohibited from using either the E-Verify Program or the Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. e. If the Contractor obtains actual knowledge that a subcontractor performing the services under this Agreement knowingly employs or contracts with an illegal alien, the Contractor shall be required to: i. Notify the subcontractor and the District within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien. ii. Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required above the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. f. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that such Department is undertaking pursuant to the authority established in §8-17.5-102, C.R.S. g. If the Contractor violates a provision of the Agreement pursuant to §8-17.5-102, C.R.S., the District may terminate the Agreement. If the Agreement is so terminated, the Contractor shall be liable for actual and consequential damages to the District.

11. CONTRACTOR’S INSURANCE. a. The Contractor shall acquire and maintain, at its sole cost and expense,

during the entire term of this Agreement, insurance coverage in the minimum amounts set forth in Exhibit C, attached hereto and incorporated herein by this reference. A waiver of subrogation and rights of recovery against the District, its directors, officers, employees and agents is required for each coverage provided. The Commercial General Liability and Comprehensive Automobile Liability Insurance policies will be endorsed to name the District and its respective managers, members, officers, directors, partners and employees, as additional insured. All coverage provided pursuant to this Agreement shall be written as primary policies, not contributing with and not supplemental to any coverage that the District may carry, and any insurance maintained by the District shall be considered excess. The District shall have the right to verify or confirm, at any time, all coverage, information or representations contained herein.

b. Prior to commencing any work under this Agreement, the Contractor shall

provide the District with a certificate or certificates evidencing the policies required by this Agreement, as well as the amounts of coverage for the respective types of coverage, which certificate(s) shall be attached hereto as Exhibit C-1. If the Contractor subcontracts any portion(s) of the Services, said subcontractor(s) shall be required to furnish certificates evidencing statutory workers’ compensation insurance, comprehensive general liability insurance and automobile liability

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insurance in amounts satisfactory to the District and the Contractor. If the coverage required expires during the term of this Agreement, the Contractor or subcontractor shall provide replacement certificate(s) evidencing the continuation of the required policies. c. The Contractor’s failure to purchase the required insurance shall not serve to release it from any obligations contained herein; nor shall the purchase of the required insurance serve to limit the Contractor’s liability under any provision herein. The Contractor shall be responsible for the payment of any deductibles on issued policies.

12. CONFIDENTIALITY AND CONFLICTS.

a. Confidentiality. During the performance of this Agreement, if the Contractor is notified that certain information is to be considered confidential, the Contractor, on behalf of its employees, agrees to enter into a confidentiality agreement. Any information deemed confidential by the District and given to the Contractor by the District, or developed by the Contractor as a result of the performance of a particular task, shall remain confidential. In addition, the Contractor shall hold in strict confidence, and shall not use in competition, any information which the Contractor becomes aware of under or by virtue of this Agreement which the District deems confidential, or which the District has agreed to hold confidential, or which, if revealed to a third party, might reasonably be construed to be contrary to the best interests of the District.

b. Conflicts. Prior to the execution of, and during the performance of this

Agreement and prior to the execution of future agreements with the District, the Contractor agrees to notify the owner of conflicts that impact the Services to the District.

13. OWNERSHIP OF DOCUMENTS. All documents produced by or on behalf of the Contractor prepared pursuant to this Agreement, including, but not limited to, all maps, plans, drawings, specifications, reports, electronic files and other documents, in whatever form, shall remain the property of the District under all circumstances, upon payment to the Contractor of the invoices representing the work by which such materials were produced. The Contractor shall maintain electronic and reproducible copies on file of any such instruments of service involved in the Services, shall make them available for the District’s use and shall provide such copies to the District upon request at no cost. 14. LIENS AND ENCUMBRANCES. The Contractor shall not have any right or interest in any District assets, nor any claim or lien with respect thereto, arising out of this Agreement or the performance of the services contemplated herein. The Contractor, for itself, hereby waives and releases any and all statutory or common law mechanic’s, materialmen’s or other such lien claims, or rights to place a lien upon the District’s property or any improvements thereon in connection with any Services performed under or in connection with this Agreement, and the Contractor shall cause all permitted subcontractors, suppliers, materialmen, and others claiming by, through or under the Contractor to execute similar waivers prior to commencing any work or providing any materials in connection with the Services. The Contractor further agrees to execute a sworn affidavit respecting the payment and lien releases of all subcontractors, suppliers and materialmen, and release of lien respecting the Services at such time or times and in such form as may be reasonably requested by the District. The Contractor will provide indemnification against all such

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liens for labor performed, materials supplied or used by the Contractor and/or any other person in connection with the Services undertaken by the Contractor, in accordance with Section 15(b), below.

15. INDEMNIFICATION. a. The Contractor shall defend, indemnify and hold harmless the District and

each of its directors, officers, contractors, employees, agents and consultants, from and against any and all claims, demands, losses, liabilities, actions, lawsuits, damages, and expenses, including reasonable legal expenses and attorneys’ fees, arising directly or indirectly, in whole or in part, out of the errors or omissions, negligence, willful misconduct, or any criminal or tortious act or omission of the Contractor or any of its subcontractors, officers, agents or employees, in connection with this Agreement and/or the Contractor’s performance of the Services or work pursuant to this Agreement. The Contractor is not obligated to indemnify the District for the District’s sole or gross negligence or for instances in which the Contractor advises the District in writing of issues that the District fails to address which subsequently causes damage or injury to persons or property. This indemnification obligation will not be limited in any way by any limitation on the amount or types of damages, compensation or benefits payable by or for the Contractor under worker’s compensation acts, disability acts or other employee benefit acts.

b. The Contractor will at all times indemnify, defend and hold the District and

its directors, officers, managers, agents and employees harmless against any liability for claims and liens for labor performed or materials used or furnished in the performance of Contractor’s Services, including any costs and expenses incurred in the defense of such claims and liens, reasonable attorneys’ fees and any damages to the District resulting from such claims or liens. After written demand by the District, the Contractor will immediately cause the effect of any suit or lien to be removed from the District’s property. In the event the Contractor fails to do so, the District is authorized to use whatever means in its discretion it may deem appropriate to cause said lien or suit to be removed or dismissed, and the costs thereof, together with reasonable attorneys’ fees, will be immediately due and payable by the Contractor or may, at the District’s option, be offset against any sums due and payable to Contractor pursuant to this Agreement. In the event a suit on such claim or lien is brought, the Contractor will, at the option of the District, defend said suit at its own cost and expense, with counsel satisfactory to the District and will pay and satisfy any such claim, lien, or judgment as may be established by the decision of the Court in such suit. The Contractor may litigate any such lien or suit, provided the Contractor causes the effect thereof to be removed promptly in advance from the District’s property.

c. This indemnity coverage shall also cover the District’s defense costs in the

event that the District, in its sole discretion, elects to provide its own defense. The District retains the right to disapprove counsel, if any, selected by the Contractor to fulfill the foregoing defense indemnity obligation, which right of disapproval shall not be unreasonably exercised. Insurance coverage requirements specified herein shall in no way lessen or limit the liability of the Contractor under the terms of this indemnification obligation. The Contractor shall obtain, at its own expense, any additional insurance that it deems necessary for the District’s protection in the performance of this Agreement. This defense and indemnification obligation shall survive the expiration or termination of this Agreement.

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16. ASSIGNMENT. The Contractor shall not assign this Agreement or parts thereof, or its respective duties, without the express written consent of the District. Any attempted assignment, delegation or subcontracting of this Agreement in whole or in part with respect to which the District has not consented, in writing, shall be null and void and of no effect whatsoever.

17. SUB-CONTRACTORS. The Contractor is solely and fully responsible to the

District for the performance of all Services under this Agreement, whether performed by the Contractor or a subcontractor engaged by the Contractor. The Contractor shall not subcontract any Services without prior written approval by the District. The Contractor agrees that each and every agreement of the Contractor with any subcontractor to perform Services under this Agreement shall contain an indemnification provision identical to the one contained herein holding the District harmless for the acts of the subcontractor. The Contractor further agrees that any such subcontract shall be terminable for cause or convenience and that, unless directed otherwise by the District, the Contractor shall immediately terminate all such subcontracts immediately upon termination of this Agreement. Prior to commencing any Services, a subcontractor shall provide evidence of insurance coverage to the District. The Contractor further agrees that all such subcontracts shall provide that they may be terminated immediately without further cost upon termination of this Agreement. Neither the District’s approval of any subcontractors, suppliers or materialmen, nor the failure of performance thereof by such parties, will relieve, release or affect in any manner any of the Contractor’s duties, liabilities or obligations under this Agreement, and the Contractor will at all times be and remain fully liable. The Contractor agrees that each of its employees, and any subcontractors, suppliers and materialmen will be properly qualified and will use reasonable care in the performance of their duties. 18. TERMINATION. In addition to the termination provisions contained in Section 2, above, this Agreement may be terminated for cause or for convenience by the Contractor upon delivery of thirty (30) days prior written notice to the District and by the District by giving the Contractor thirty (30) days prior written notice. Such notice shall not be required for automatic expiration under Section 2, above. If this Agreement is terminated, the Contractor shall be paid for all the Services satisfactorily performed prior to the designated termination date, including reimbursable expenses due. Said payment shall be made in the normal course of business. Should either Party to this Agreement be declared bankrupt, make a general assignment for the benefit of creditors or commit a substantial and material breach of this Agreement in the view of the other Party, said other Party shall be excused from rendering or accepting any further performance under this Agreement. In the event of termination by either Party hereto, the Contractor shall cooperate with the District to ensure a timely and efficient transition of all work and work product to the District or its designees. All time, fees and costs associated with such transition shall not be billed by the Contractor to the District.

19. DEFAULT. If either Party fails to perform in accordance with the terms, covenants and conditions of this Agreement, or is otherwise in default of any of the terms of this Agreement, the non-defaulting party shall deliver written notice to the defaulting party of the default, at the address specified in Section 20 below, and the defaulting party will have fifteen (15) days from and after receipt of the notice to cure the default. If the default is not of a type which can be cured within such fifteen (15)-day period and the defaulting party gives written notice to the non-defaulting party within such fifteen (15)-day period that it is actively and diligently pursuing a

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cure, the defaulting party will have a reasonable period of time given the nature of the default following the end of the fifteen (15)-day period to cure the default, provided that the defaulting party is at all times within the additional time period actively and diligently pursuing the cure. If any default under this Agreement is not cured as described above, the non-defaulting party will, in additional to any other legal or equitable remedy, have the right to terminate this Agreement and enforce the defaulting party’s obligations pursuant to this Agreement by an action for injunction or specific performance.

20. NOTICES. Any notice or communication required under this Agreement must be in writing, and may be given personally, sent via nationally recognized overnight carrier service, or by registered or certified mail, return receipt requested. If given by registered or certified mail, the same will be deemed to have been given and received on the first to occur of: (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent; or (ii) three days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If personally delivered or sent via nationally recognized overnight carrier service, a notice will be deemed to have been given and received on the first to occur of: (i) one business day after being deposited with a nationally recognized overnight air courier service; or (ii) delivery to the party to whom it is addressed. Any party hereto may at any time, by giving written notice to the other party hereto as provided herein designate additional persons to whom notices or communications will be given, and designate any other address in substitution of the address to which such notice or communication will be given. Such notices or communications will be given to the parties at their addresses set forth below: District: Greatrock North Water and Sanitation District c/o Special District Management Services, Inc. 141 Union Boulevard, Suite 150 Lakewood, Colorado 80228 Attention: Lisa A. Johnson, Manager

(303) 987-0835 (phone) [email protected]

With copy to: WHITE BEAR ANKELE TANAKA & WALDRON Attorneys at Law

2154 East Commons Avenue, Suite 2000 Centennial, Colorado 80122 Attention: Jennifer Gruber Tanaka, Esq.

(303) 858-1800 (phone) (303) 858-1801 (fax) [email protected]

Contractor: My Asset Map LLC

808 9th Street Greeley, CO 8031 Attention: Shane Bergman (720) 695-3968 (phone)

[email protected]

mailto:[email protected]

mailto:[email protected]

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21. AUDITS. The District shall have the right to audit, with reasonable notice, any of the Contractor’s books and records which may be necessary to substantiate any invoices and payments under this Agreement (including, but not limited to, receipts, time sheets, payroll and personnel records) and the Contractor agrees to maintain adequate books and records for such purposes during the term of this Agreement and for a period of two (2) years thereafter and to make the same available to the District at all reasonable times and for so long thereafter as there may remain any unresolved question or dispute regarding any item pertaining thereto.

22. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the Parties hereto relating to the Services, and sets forth the rights, duties, and obligations of each to the other as of this date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. This Agreement may not be modified except by a writing executed by both the Contractor and the District. 23. BINDING AGREEMENT. This Agreement shall inure to and be binding on the heirs, executors, administrators, successors, and assigns of the Parties hereto. 24. NO WAIVER. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other of the provisions of this Agreement, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided herein, nor shall the waiver of any default be deemed a waiver of any subsequent default. 25. GOVERNING LAW / DISPUTES.

a. Arbitration. All claims, counterclaims, disputes and other matters in question between the Parties hereto arising out of or relating to this Agreement or the breach hereof may be decided by Arbitration upon the mutual agreement to do so by the Parties to this Agreement. In that case, arbitration will be administered by the Judicial Arbiter Group in Denver, Colorado under its arbitration rules, by a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE PARTIES RECOGNIZE THAT BY AGREEING TO BINDING ARBITRATION AS THE METHOD FOR DISPUTE RESOLUTION, THEY RELINQUISH THE RIGHT TO BRING AN ACTION IN COURT AND WAIVE THE RIGHT TO A JURY TRIAL AND THE EXTENSIVE DISCOVERY RIGHTS TYPICALLY PERMITTED IN JUDICIAL PROCEEDINGS. Colorado law shall apply to any dispute, without regard to conflict of law principles that would result in the application of any law other than the law of the State of Colorado. Each Party will be responsible for paying one half of all fees and expenses charged by the arbitrator. Notice of request for arbitration must be filed in writing with the other Party(ies) to this Agreement. If agreed to, notice must be filed with the Judicial Arbiter Group. The request must be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event may it be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. In the event that the Parties do not agree to arbitration, each Party shall be permitted to pursue all available legal and equitable remedies.

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b. Litigation and Venue. In the event the Parties do not agree to arbitration pursuant to Section 25(a), above, venue for all actions arising from this Agreement shall be in the District Court in and for the county in which the District is located. The Parties expressly and irrevocably waive any objections or rights which may affect venue of any such action, including, but not limited to, forum non-conveniens or otherwise. At the District’s request, the Contractor shall carry on its duties and obligations under this Agreement during any legal proceedings and the District shall continue to pay for the Services performed under this Agreement until and unless this Agreement is otherwise terminated.

c. Prevailing Party. In the event that it becomes necessary for either party to enforce

the provisions of this Agreement or to obtain redress for the breach or violation of any of its provisions, whether by litigation, arbitration or other proceedings, the prevailing party shall recover from the other party all costs and expenses associated with such proceedings, including reasonable attorney’s fees. For purposes of this Agreement, “prevailing party” shall mean the party in whose favor a judgment, decree, or final order is rendered, either by an arbitrator or the court, after appeal, if any. In the event both Parties prevail on one or more claims, the prevailing party shall mean the net winner of a dispute, taking into account the claims pursued, the claims on which the pursuing party was successful, the amount of money sought, the amount of money awarded, and offsets or counterclaims pursued (successfully or unsuccessfully) by the other Party. Notwithstanding the foregoing, if a written offer of compromise made by either Party is not accepted by the other Party within thirty (30) days after receipt and the Party not accepting such offer fails to obtain a more favorable judgment, the non-accepting Party shall not be entitled to recover its costs of suit and reasonable attorney’s fees and costs (even if it is the prevailing party) and shall be obligated to pay the costs of suit and reasonable attorney’s fees and costs incurred by the offering Party.

d. At the District’s request, the Contractor will consent to being joined in litigation

between the District and third parties, but such consent shall not be construed as an admission of fault or liability. The Contractor shall not be responsible for delays in the performance of the Services caused by factors beyond its reasonable control including delays caused by Act of God, accidents, failure of any governmental or other regulatory authority to act in a timely manner or failure of the District to furnish timely information or to approve or disapprove of Contractor’s Services in a timely manner. 26. GOOD FAITH OF PARTIES. In the performance of this Agreement, or in considering any requested approval, acceptance, or extension of time, the Parties agree that each will act in good faith and will not act unreasonably, arbitrarily, capriciously, or unreasonably withhold, condition, or delay any approval, acceptance, or extension of time required or requested pursuant to this Agreement.

27. SUBJECT TO ANNUAL APPROPRIATION AND BUDGET. The District does not intend hereby to create a multiple-fiscal year direct or indirect debt or other financial obligation whatsoever. The performance of those obligations of the District pursuant to this Agreement requiring budgeting and appropriation of funds are subject to annual budgeting and appropriations. The Contractor expressly understands and agrees that the District’s obligations under this Agreement shall extend only to monies appropriated for the purposes of this Agreement by the

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Board and shall not constitute a mandatory charge, requirement or liability in any ensuing fiscal year beyond the then-current fiscal year. No provision of this Agreement shall be construed or interpreted as a delegation of governmental powers by the District, or as creating a multiple-fiscal year direct or indirect debt or other financial obligation whatsoever of the District or statutory debt limitation, including, without limitation, Article X, Section 20 or Article XI, Section 6 of the Constitution of the State of Colorado. No provision of this Agreement shall be construed to pledge or to create a lien on any class or source of District funds. The District’s obligations under this Agreement exist subject to annual budgeting and appropriations, and shall remain subject to the same for the entire term of this Agreement. 28. GOVERNMENTAL IMMUNITY. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify, in whole or in part, any governmental immunity that may be available by law to the District, its respective officials, employees, contractors, or agents, or any other person acting on behalf of the District and, in particular, governmental immunity afforded or available to the District pursuant to the Colorado Governmental Immunity Act, §§ 24-10-101, et seq., C.R.S.

29. NEGOTIATED PROVISIONS. This Agreement shall not be construed more

strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties, it being acknowledged that each Party has contributed substantially and materially to the preparation of this Agreement.

30. SEVERABILITY. If any covenant, term, condition or provision o f this

Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such covenant, term, condition or provision shall not affect any other provision contained herein, the intention being that such provisions are severable. In addition, in lieu of such void or unenforceable provision, there shall automatically be added as part of this Agreement a provision similar in terms to such illegal, invalid or unenforceable provision so that the resulting reformed provision is legal, valid and enforceable.

31. NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that

enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third party on such Agreement. It is the express intention of the Parties that any person other than Parties receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only.

32. OPEN RECORDS. The Parties understand that all material provided or produced

under this Agreement may be subject to the Colorado Open Records Act, §§ 24-72-202, et seq., C.R.S.

33. STANDARD OF CARE. In providing services under this Agreement, the

Contractor shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time.

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34. TAX EXEMPT STATUS. The District is exempt from Colorado State sales and use taxes. Accordingly, taxes from which the District is exempt shall not be included in any invoices submitted to the District. The District shall, upon request, furnish Contractor with a copy of its certificate of tax exemption. Contractor and subcontractors shall apply to the Colorado Department of Revenue, Sales Tax Division, for an Exemption Certificate and purchase the materials tax free. Pursuant to § 39-26-1 14(1)(a)(XIX)(A), C.R.S., Contractor and subcontractors shall be liable for exempt taxes paid due to failure to apply for Exemption Certificates or for failure to use said certificate.

35. COUNTERPART EXECUTION. This Agreement may be executed in several

counterparts, each of which may be deemed an original, but all of which together shall constitute one and the same instrument. Executed copies hereof may be delivered by facsimile or email of a PDF document, and, upon receipt, shall be deemed originals and binding upon the signatories hereto, and shall have the full force and effect of the original for all purposes, including the rules of evidence applicable to court proceedings.

[Remainder of page intentionally left blank. Signature pages follow.]

0495.0291: 864799

IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first above written. By the signature of its representative below, each Party affirms that it has taken all necessary action to authorize said representative to execute this Agreement.


ATTEST: APPROVED AS TO FORM: WHITE BEAR ANKELE TANAKA & WALDRON Attorneys at Law General Counsel to the District

District’s Signature Page to Independent Contractor Agreement for GIS Software Maintenance Services with Greatrock North Water and Sanitation District, dated December 5,

2017

0495.0291: 864799

CONTRACTOR: MY ASSET MAP LLC, a Colorado limited liability company Printed Name: Title:

STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of December, 2017, by __________________________________, as the ______________________________ of My Asset Map LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: (S E A L) Notary Public

Contractor’s Signature Page to Independent Contractor Agreement for GIS Software Maintenance Services with Greatrock North Water and Sanitation District, dated December 5,

2017

0495.0291: 864799

EXHIBIT A SCOPE OF SERVICES

The District’s mapping platform has already been created by the Contractor’s predecessor using the basic SDIco.org platform which includes, and will continue to include, the following functionality:

• Layer Toggling – users can toggle data layers on and off. When on, data will be visible on the map. When off, data will not be visible on the map.

• Draw Tools – users can create, edit, and delete new geospatial data. • Measure Tool – users can make simple linear measurements. • Import Data – Users can import common GIS data formats. • Export Data – users can export data into common GIS data formats. • Symbolize Data – users can change data symbolism based on data attributes. • Data Index – each data layer will have a data index. Users can search for and zoom to data

using the data index. • As-Builts/Drawings – georeferenced As-Builts/Drawings can be overlayed on the map.

The Contractor will need to format the As-Builts/Drawings prior to this tool being available.

• Data Editing – authorized users will be able to edit existing data. This includes adding or deleting data attributes or spatial data.

• Document Attachment – users with Write access will be able to upload and attach documents to data.

• Document Download – users will be able to access and download available documents, TASK 1.0 – USER SUBSCRIPTIONS The District will provide the Contractor with a list of users and users’ access levels (Read or Write). To the extent not already established, the Contractor will create an account for each user based on the provided list. New users can be added anytime by contacting the Contractor. TASK 2.0 – CUSTOMIZATION AND ENHANCEMENTS Requests for SDIco.org customization and enhancements can be submitted in writing to the Contractor at any time. Whether or not the District will incur costs associated with these requests will be negotiated on a case-by-case basis. Mobile data collection tools and covenant control tools can be included as customizations and enhancements.

0495.0291: 864799

EXHIBIT B COMPENSATION SCHEDULE

TASK 1.0 – USER SUBSCRIPTIONS

TASK 2.0 – CUSTOMIZATIONS AND ENHANCEMENTS Unless a flat fee is agreed to in writing by the Contractor and the District, these services will be provided on a time and materials basis at a rate of $150/hour.

0495.0291: 864799

EXHIBIT B-1 RECURRING PAYMENT AUTHORIZATION FORM

0495.0291: 864799

EXHIBIT B-2 CONTRACTOR’S COMPLETED W-9

0495.0291: 864799

EXHIBIT C INSURANCE REQUIREMENTS

NOTE: All insurance required and provided hereunder shall also comply with the provisions of

Section 11 of the Agreement.

1. Standard Worker’s Compensation and Employer’s Liability Insurance covering all employees of Contractor involved with the performance of the Services, with policy amounts and coverage in compliance with the laws of the jurisdiction in which the Services will be performed.

2. Commercial General Liability Insurance with minimum limits of liability of not less than

$1,000,000 per occurrence for bodily injury and property damage liability; $2,000,000 designated location, general aggregate. Such insurance will include coverage for contractual liability, personal injury and broad form property damage, and shall include all major divisions of coverage and be on a comprehensive basis including, but not limited to:

a. premises operations; b. personal injury liability without employment exclusion; c. blanket contractual; d. broad form property damages, including completed operations; e. medical payments; f. products and completed operations; g. independent consultants coverage; h. coverage inclusive of construction means, methods, techniques, sequences, and

procedures, employed in the capacity of a construction consultant; and

This policy must include coverage extensions to cover the indemnification obligations contained in this Agreement to the extent caused by or arising out of bodily injury or property damage.

0495.0291: 864799

EXHIBIT C-1 CERTIFICATE(S) OF INSURANCE

0495.0291: 864799

EXHIBIT D CERTIFICATE OF GOOD STANDING WITH COLORADO SECRETARY OF STATE

0495.0277; 864749

December 5, 2017 VIA UNITED STATES MAIL Tamarack Consulting, LLC Attention: Shane Bergman 8840 West Colfax Avenue Lakewood, Colorado 80215 RE: Greatrock North Water & Sanitation District

Completion of Services and Termination of Agreement— GIS Mapping and Web Solution Services

Dear Mr. Bergman, On March 23, 2016, the Greatrock North Water & Sanitation District (the “District”) and Tamarack Consulting, LLC (“Tamarack”) entered into an Independent Contractor Agreement for GIS Mapping and Web Solution Services (the “Agreement”). The Services set forth in the Agreement have been completed to the District’s full satisfaction and compensation therefore has been paid in full. Pursuant to Paragraph 2 of the Agreement, the District provides you this notice of termination of the Agreement due to the completion of the Services set forth therein. It is important to note that provisions including, but not limited to, the warranty, indemnification and liability provisions, contained in the Agreement survive termination and remain in full force and effect as specified in the Agreement. On behalf of the District, I would like to thank you for your work and we look forward to continuing to work with you in the future.

Very Truly Yours, GREATROCK NORTH WATER & SANITATION DISTRICT Lisa A. Johnson, District Manager

cc: Jennifer Gruber Tanaka, Esq., District General Counsel

0495.0281: 864756

December 5, 2017 VIA UNITED STATES MAIL Ground Engineering Consultants, Inc. Attention: Chris Echols 41 Inverness Drive East Englewood, Colorado 80112 RE: Greatrock North Water & Sanitation District

Completion of Services and Termination of Agreement— GRN Pump Station Materials Testing Services

Dear Mr. Echols: On September 16, 2016, the Greatrock North Water & Sanitation District (the “District”) and Ground Engineering Consultants, Inc. entered into an Independent Contractor Agreement for GRN Pump Station Materials Testing Services (the “Agreement”). The Services set forth in the Agreement have been completed to the District’s full satisfaction and compensation therefor has been paid in full. Pursuant to Paragraph 2 of the Agreement, the District provides you this notice of termination of the Agreement due to the completion of the Services set forth therein. It is important to note that provisions including, but not limited to, the warranty, indemnification and liability provisions, contained in the Agreement survive termination and remain in full force and effect as specified in the Agreement. On behalf of the District, I would like to thank you for your work and we look forward to continuing to work with you in the future.



0495.0282: 864763

December 5, 2017 VIA UNITED STATES MAIL PWSI, Inc. Attention: Richard Palmer 7550 West Yale Avenue, Suite B-110 Denver, Colorado 80227 RE: Greatrock North Water & Sanitation District

Completion of Services and Termination of Agreement— GRN Pump Station Project Construction Staking Services

Dear Mr. Palmer: On September 20, 2016, the Greatrock North Water & Sanitation District (the “District”) and PWSI, Inc., entered into an Independent Contractor Agreement for the GRN Pump Station Project Construction Staking Services (the “Agreement”). The Services set forth in the Agreement have been completed to the District’s full satisfaction and compensation therefor has been paid in full. Pursuant to Paragraph 2 of the Agreement, the District provides you this notice of termination of the Agreement due to the completion of the Services set forth therein. It is important to note that provisions including, but not limited to, the warranty, indemnification and liability provisions, contained in the Agreement survive termination and remain in full force and effect as specified in the Agreement. On behalf of the District, I would like to thank you for your work and we look forward to continuing to work with you in the future.



0495.0284: 864766

December 5, 2017 VIA UNITED STATES MAIL Action Fire Hydrant Service, LLC Attention: Steve Hite 231 West Cedar Way Louisville, Colorado 80027 RE: Greatrock North Water & Sanitation District

Completion of Services and Termination of Agreement— Fire Hydrant Maintenance Services

Dear Mr. Hite: On October 24, 2016, the Greatrock North Water & Sanitation District (the “District”) and Action Fire Hydrant Service, LLC, entered into an Independent Contractor Agreement for Fire Hydrant Maintenance Services (the “Agreement”). The Services set forth in the Agreement and any addenda have been completed to the District’s full satisfaction and compensation therefor has been paid in full. Pursuant to Paragraph 2 of the Agreement, the District provides you this notice of termination of the Agreement due to the completion of the Services set forth therein. It is important to note that provisions including, but not limited to, the warranty, indemnification and liability provisions, contained in the Agreement survive termination and remain in full force and effect as specified in the Agreement. On behalf of the District, I would like to thank you for your work and we look forward to continuing to work with you in the future.



0495.0286: 864773

December 5, 2017 VIA UNITED STATES MAIL Timber Line Electric & Control Corporation Attention: Lori Rohach P.O. Box 793 Morrison, Colorado 80465 RE: Greatrock North Water & Sanitation District

Completion of Services and Termination of Agreement— Greatrock North Pump Station Project – Telemetry Services

Dear Ms. Rohach: On February 9, 2017, the Greatrock North Water & Sanitation District (the “District”) and Timber Line Electric & Control Corporation (“TLECC”) entered into an Independent Contractor Agreement for the Greatrock North Pump Station Project – Telemetry Services (the “Agreement”). The District and TLECC entered into the First Addendum to the Agreement on March 7, 2017 (the “Addendum”). The Services set forth in the Agreement and the Addendum have been completed to the District’s full satisfaction and compensation therefor has been paid in full. Pursuant to Paragraph 2 of the Agreement, the District provides you this notice of termination of the Agreement and Addendum due to the completion of the Services set forth therein. It is important to note that provisions including, but not limited to, the warranty, indemnification and liability provisions, contained in the Agreement survive termination and remain in full force and effect as specified in the Agreement. On behalf of the District, I would like to thank you for your work and we look forward to continuing to work with you in the future.



0495.0287: 864790

December 5, 2017 VIA UNITED STATES MAIL Hydro Optimization and Automation Solutions, Inc. Attention: Lincoln Williams, P.E., President 2601 West L Street, Suite 1 Lincoln, Nebraska 68522 RE: Greatrock North Water & Sanitation District

Completion of Services and Termination of Agreement— Instrumentation and Control Audit Services

Dear Mr. Williams: On April 4, 2017, the Greatrock North Water & Sanitation District (the “District”) and Hydro Optimization and Automation Solutions, Inc., entered into an Independent Contractor Agreement for Instrumentation and Control Audit Services (the “Agreement”). The Services set forth in the Agreement have been completed to the District’s full satisfaction and compensation therefor has been paid in full. Pursuant to Paragraph 2 of the Agreement, the District provides you this notice of termination of the Agreement due to the completion of the Services set forth therein. It is important to note that provisions including, but not limited to, the warranty, indemnification and liability provisions, contained in the Agreement survive termination and remain in full force and effect as specified in the Agreement. On behalf of the District, I would like to thank you for your work and we look forward to continuing to work with you in the future.



GREATROCK NORTH WATER AND SANITATION DISTRICT ANNUAL ADMINISTRATIVE RESOLUTION

(2018)

At the regular meeting of the Board of Directors (“Board”) of the Greatrock North Water and Sanitation District (“District”), Adams County, Colorado, held at 5:30 P.M., on December 5, 2017, at 500 Cooperative Way, Brighton, Colorado, it was moved to adopt the following Resolution: WHEREAS, the District was organized as a special district pursuant to an Order and Decree of the District Court in and for the County of Adams, Colorado (the “County”); and WHEREAS, the Board has a duty to perform certain obligations in order to assure the efficient operation of the District and hereby directs its consultants to take the following actions.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD AS FOLLOWS:

1. The Board directs the District’s manager to cause an accurate map of the District’s boundaries to be prepared in accordance with the standards specified by the Division of Local Government (“Division”) and to be filed in accordance with § 32-1-306, C.R.S.

2. The Board directs the District’s manager to notify the Board of County Commissioners, the County Assessor, the County Treasurer, the County Clerk and Recorder, the governing body of any municipality in which the District is located, and the Division of the name of the chairman of the Board, the contact person, telephone number and business address of the District, as required by § 32-1-104(2), C.R.S.

3. The Board directs the District’s manager to prepare and file with the Division, within thirty (30) days of a written request from the Division, an informational listing of all contracts in effect with other political subdivisions, in accordance with § 29-1-205, C.R.S.

4. The Board directs the District’s accountant to cause the preparation of and to file with the Department of Local Affairs the annual public securities report for nonrated public securities issued by the District within sixty (60) days of the close of the fiscal year, as required by §§ 11-58-101, et seq., C.R.S.

5. The Board directs the District’s accountant to: 1) obtain proposals for auditors to be presented to the Board; 2) to cause an audit of the annual financial statements of the District to be prepared and submitted to the Board on or before June 30; and 3) to cause the audit to be filed with the State Auditor by July 31, or by the filing deadline permitted under any extension thereof, all in accordance with §§ 29-1-603(1) and 29-1-606, C.R.S. Alternatively, if warranted by § 29-1-604, C.R.S., the Board directs the District’s accountant to apply for and obtain an audit exemption from the State Auditor on or before March 31 in accordance with § 29-1-604, C.R.S.

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6. The Board directs the District’s manager, if the District has authorized but unissued general obligation debt as of the end of the fiscal year, to cause to be submitted to the Board of County Commissioners or the governing body of the municipality that adopted a resolution of approval of the District, the District’s audit report or a copy of its application for exemption from audit in accordance with § 29-1-606(7) C.R.S.

7. The Board directs the District’s accountant to submit a proposed budget to the

Board by October 15, to prepare the final budget and budget message, including any amendments thereto, if necessary, and directs the District’s manager to schedule a public hearing on the proposed budget and/or amendments, and to post or publish notices thereof, to prepare all budget resolutions and to file the budget, budget resolution and budget message with the Division on or before January 30, all in accordance with §§ 29-1-101, et seq., C.R.S.

8. The Board directs the District’s manager to cause the preparation of the Unclaimed Property Act report and submission of the same to the State Treasurer by November 1 if there is property presumed abandoned and subject to custody as unclaimed property, in accordance with § 38-13-110, C.R.S.

9. The Board directs the District’s accountant to prepare the mill levy certification

form and directs the District’s manager to file the mill levy certification forms with the Board of County Commissioners on or before December 15, in accordance with § 39-5-128, C.R.S.

10. The Board designates the Brighton Standard Blade as a newspaper of general circulation within the boundaries of the District and directs that all legal notices shall be published in accordance with § 32-1-103(15), C.R.S., in the Brighton Standard Blade, unless otherwise designated by the Board or legal counsel.

11. The Board determines that each director shall receive compensation for their services as directors subject to the limitations set forth in §§ 32-1-902(3)(a)(I) & (II), C.R.S.

12. The District hereby acknowledges, in accordance with § 32-1-902, C.R.S., the following officers for the District:

Chairman/President: Robert William Fleck Vice President: John D. Wyckoff Treasurer: Jeffrey Polliard Secretary: Brian K. Rogers Assistant Secretary: Dave Lozano Recording Secretary: District Manager

13. The Board hereby determines that each member of the Board shall, for any potential or actual conflicts of interest, complete conflicts of interest disclosures and directs legal counsel to file the conflicts of interest disclosures with the Board and with the Colorado Secretary of State at least seventy-two (72) hours prior to every regular and special meeting of the Board, in accordance with §§ 32-1-902(3)(b) and 18-8-308, C.R.S. Written disclosures provided by Board members required to be filed with the governing body in accordance with § 18-8-308, C.R.S. shall be deemed

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filed with the Board when filed with the Secretary of State. Additionally, at the beginning of each year, each Board member shall submit information to legal counsel regarding any actual or potential conflicts of interest and, throughout the year, each Board member shall provide legal counsel with any revisions, additions, corrections or deletions to said conflicts of interest disclosures.

14. The Board confirms its obligations under § 24-10-110(1), C.R.S., with regards to

the defense and indemnification of its public employees, which, by definition, includes elected and appointed officers.

15. The Board hereby appoints the District’s manager as the official custodian for the maintenance, care and keeping of all public records of the District, in accordance with §§ 24-72-202, et seq., C.R.S.

16. Pursuant to § 24-6-402(2)(c), C.R.S., the Board hereby designates the water tank at 16373 Rayburn Street, Hudson, Colorado, as the District’s 24-hour posting place for notices of meetings.

17. The Board determines to hold regular meetings on the first Tuesday of each month, at 5:30 P.M. at 500 Cooperative Way, Brighton, Colorado. Notice of the time and place for all regular meetings shall be posted in accordance with § 32-1-903, C.R.S.

18. In the event of an emergency, the Board may conduct a meeting outside of the limitations prescribed in § 24-6-402(2)(c), C.R.S., provided that any actions taken at such emergency meeting are ratified at the next regular meeting of the Board or at a special meeting conducted after proper notice has been given to the public.

19. For the convenience of the electors of the District, and pursuant to its authority set

forth in § 1-13.5-1101, C.R.S., the Board hereby deems that all regular and special elections of the District shall be conducted as independent mail ballot elections in accordance with §§ 1-13.5-1101, et seq., C.R.S., unless otherwise deemed necessary and expressed in a separate election resolution adopted by the Board.

20. Pursuant to the authority set forth in § 1-1-111, C.R.S., the Board hereby appoints Lisa A. Johnson, of Special District Management Service, Inc., as the Designated Election Official (the “DEO”) of the District for any elections called by the Board, or called on behalf of the Board by the DEO, and hereby authorizes and directs the DEO to take all actions necessary for the proper conduct of the election, including, if applicable, cancellation of the election in accordance with § 1-13.5-513, C.R.S.

21. In accordance with § 1-11-103(3), C.R.S., the Board hereby directs the DEO to

certify to the Division the results of any elections held by the District and, pursuant to § 32-1-1101.5(1), C.R.S., to certify results of any ballot issue election to incur general obligation indebtedness to the Board of County Commissioners or the governing body of the municipality that adopted a resolution of approval of the district and file a copy of such certification with the Division of Securities.

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22. The Board directs the District’s manager to cause a notice of authorization of or notice to incur general obligation debt to be recorded with the County Clerk and Recorder within thirty (30) days of authorizing or incurring any indebtedness, in accordance with § 32-1-1604, C.R.S.

23. The Board directs the District’s manager to cause the preparation of and filing with the Board of County Commissioners or the governing body of the municipality that adopted a resolution of approval of the District, if requested, the application for quinquennial finding of reasonable diligence in accordance with §§ 32-1-1101.5(1.5) and (2), C.R.S.

24. The Board directs the District’s manager to cause the preparation of and the filing

with the Board of County Commissioners or the governing body of any municipality in which the District is located, the Division, the State Auditor, the County Clerk and Recorder and any interested parties entitled to notice pursuant to § 32-1-204(1), C.R.S., an annual report, if requested, in accordance with § 32-1-207(3)(c), C.R.S.

25. The Board directs the District’s manager to obtain proposals and/or renewals for

insurance, as applicable, to insure the District against all or any part of the District’s liability, in accordance with §§ 24-10-115, et seq., C.R.S. The Board directs the District’s accountant to pay the annual SDA membership dues, agency fees and insurance premiums, as applicable, in a timely manner. The Board appoints the District’s manager as its proxy for the SDA Annual meeting for voting and quorum purposes.

26. The Board hereby opts to include elected or appointed officials as employees within

the meaning of § 8-40-202(1)(a)(I)(A), C.R.S., and hereby directs the District’s manager to obtain workers’ compensation coverage for the District.

27. The Board hereby directs the District’s manager to prepare the disclosure notice

required by § 32-1-809, C.R.S., and to disseminate the information to the electors of the District accordingly.

28. The Board hereby directs its legal counsel, accountant, manager and all other consultants to adhere to the Colorado Special District Records Retention Schedule as adopted by the District.

29. The Board hereby directs the District’s manager to prepare and record with the

County Clerk and Recorder updates to the disclosure statement notice and map required by § 32-1-104.8, C.R.S., if additional property is included within the District’s boundaries.

30. The Board directs the District’s accountant to prepare and submit the documentation

required by any continuing disclosure obligation signed in conjunction with the issuance of debt by the District.

[Remainder of page intentionally left blank.]

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ADOPTED this 5th day of December, 2017.

GREATROCK NORTH WATER AND SANITATION DISTRICT

Officer of the District ATTEST: APPROVED AS TO FORM: WHITE BEAR ANKELE TANAKA & WALDRON Attorneys at Law General Counsel to the District

CERTIFICATION OF RESOLUTION

I hereby certify that the foregoing constitutes a true and correct copy of the resolution of the Board adopted at a meeting held on December 5, 2017, at 500 Cooperative Way, Brighton, Colorado. IN WITNESS WHEREOF, I have hereunto subscribed my name this 5th day of December, 2017. Signature Printed Name

0495.0007: 863366

Resolution No. 2017-11-02

RESOLUTION OF BOARD OF DIRECTORS CALLING ELECTION


§§ 32-1-804, 1-1-111(2), 1-13.5-1103(1), and 1-13.5-513(1), C.R.S.

At a meeting of the Board of Directors (the “Board”) of the Greatrock North Water and Sanitation District (the “District”), it was moved to adopt the following Resolution: WHEREAS, the District was organized as a special district pursuant to §§ 32-1-101, et seq., C.R.S. (the “Special District Act”); and WHEREAS, the District is located entirely within Adams County, Colorado (the “County”); and WHEREAS, pursuant to § 32-1-804, C.R.S., the Board governs the conduct of regular and special elections for the District; and WHEREAS, the Board anticipates holding a regular election on May 8, 2018, for the purpose of electing directors and desires to take all actions necessary and proper for the conduct thereof (the “Election”); and WHEREAS, the Election shall be conducted pursuant to the Special District Act, the Colorado Local Government Election Code and the Uniform Election Code of 1992, to the extent not in conflict with the Colorado Local Government Election Code, including any amendments thereto, and shall also comply with Article X, § 20 of the Colorado Constitution (“TABOR”), as necessary; and WHEREAS, pursuant to § 1-1-111(2), C.R.S., the Board is authorized to designate an election official (the “Designated Election Official”) to exercise authority of the Board in conducting the Election; and WHEREAS, pursuant to § 1-13.5-513(1), C.R.S., the Board can authorize the Designated Election Official to cancel the Election upon certain conditions. NOW, THEREFORE, BE IT RESOLVED by the Board as follows: 1. The Board hereby calls the Election for the purpose of electing directors. The Election shall be conducted as an independent mail ballot election in accordance with § 1-13.5-1101, et seq., C.R.S. 2. The Board names Lisa A. Johnson of Special District Management Service, Inc., as the Designated Election Official for the Election. The Designated Election Official shall act as the

0495.0009: 863372 1

primary contact with the County and shall be primarily responsible for ensuring the proper conduct of the Election.

3. Without limiting the foregoing, the following specific determinations also are made:

a. The Board hereby directs general counsel to the District to approve the final form of the ballot to be submitted to the eligible electors of the District and authorizes the Designated Election Official to certify those questions and take any required action therewith.

b. The Board hereby directs general counsel to the District to oversee the general

conduct of the Election and authorizes the Designated Election Official to take all action necessary for the proper conduct thereof and to exercise the authority of the Board in conducting the Election, including, but not limited to, causing the call for nominations; appointment, training and setting compensation of election judges and a board of canvassers, as necessary; all required notices of election, including notices required pursuant to TABOR; printing of ballots; supervision of the counting of ballots and certification of election results; and all other appropriate actions.

4. The District shall be responsible for the payment of any and all costs associated with the conduct of the Election, including its cancellation, if permitted. 5. The Board hereby ratifies any and all actions taken to date by general counsel and the Designated Election Official in connection with the Election. 6. The Board hereby authorizes and directs the Designated Election Official to cancel the Election and to declare the candidates elected if, at the close of business on the sixty-third day before the Election, or at any time thereafter, there are not more candidates for director than offices to be filled, including candidates filing affidavits of intent to be write-in candidates, and so long as the only ballot questions are for the election of candidates. The Board further authorizes and directs the Designated Election Official to publish and post notice of the cancellation as necessary and file such notice and cancellation resolutions with the County Clerk and Recorder and with the Division of Local Government, as required. The Designated Election Official shall also notify the candidates that the Election was canceled and that they were elected by acclamation. 7. This Resolution shall remain in full force and effect until repealed or superseded by subsequent official action of the Board.

[Remainder of Page Intentionally Left Blank]

0495.0009: 863372 3

ADOPTED THIS 5TH DAY OF DECEMBER, 2017.


Officer of the District ATTEST: APPROVED AS TO FORM: WHITE BEAR ANKELE TANAKA & WALDRON Attorneys at Law General Counsel to the District

0495.0009: 863372 5

GREATROCK NORTH WATER AND SANITATION DISTRICT PUBLIC RECORDS REQUEST POLICY

Adopted December 5, 2017

I. Purposes of the District’s Public Records Request Policy

This Public Records Request Policy of the Greatrock North Water and Sanitation District (the “District”) shall be applied and interpreted with the following purposes in mind:

a. To adopt a Public Records Request Policy pursuant to § 24-72-203(1), C.R.S.;

b. To provide access to and the protection and integrity of Public Records in the custody of the District;

c. To prevent unnecessary interference with the regular discharge of the duties of the District and its manager in compliance with the Colorado Open Records Act, §§ 24-72-200.1 to 24-72-206, C.R.S. (“CORA”);

d. To establish reasonable and standardized fees for producing copies of and information from records maintained by the District as authorized by CORA; and

e. To set forth a general procedure for providing consistent, prompt and equitable service to those requesting access to Public Records.

II. Public Records Requests

A. Applicability

This Public Records Request Policy applies to requests submitted to the District for the inspection of Public Records pursuant to CORA, and shall supersede any previously adopted CORA policies of the District.

B. Definitions

1. “Custodian”: Except as otherwise provided in this policy, the term “Custodian” shall mean the District’s manager, or any successor that has been designated by the Board of the District to oversee the collection, retention, and retrieval of Public Records of the District.

2. “Public Records”: As defined in § 24-72-202(6), C.R.S.

C. Submission of Requests

1. Requests for inspection of Public Records are to be submitted in writing on an official request form to the Custodian and must be sufficiently specific as to enable the Custodian to locate the information requested with reasonable effort. The official request form is attached hereto as Exhibit A and incorporated herein by this reference, as may be modified from time to time by the District. The District has determined that the use of an official request form is necessary for the efficient handling of Public Records requests. 0495.0026: 863373

2. Requests may be submitted by mail, fax, e-mail or hand-delivery.

3. A request shall be considered made when the request is actually received by the Custodian:

a. A letter is received when it is opened in the usual course of business by the recipient or a person authorized to open the recipient’s mail;

b. A fax is received when it is printed during regular business hours, or, if received after hours, at 8:30 a.m. on the following business day; and

c. An e-mail is received when it is received and opened during regular business hours, or, if received after hours, at 8:30 a.m. on the following business day.

4. If a deposit is required, the request is not considered received until the deposit is paid.

D. Inspection

1. The Custodian or the Custodian’s designee shall make the requested Public Records available for inspection during regular business hours, deemed to be from 8:30 a.m. to 4:30 p.m., Monday through Friday, except for times the Custodian’s office is closed. During the inspection of Public Records, the Custodian may ask that the requestor follow certain procedures to protect the integrity of the Public Records.

2. If a Public Record is not immediately or readily available for inspection, the Custodian or the Custodian’s designee shall make an appointment or other arrangements with the applicant concerning the time at which the requested record will be available. The Public Records shall be made available for inspection within a reasonable time, which is presumed to be three (3) working days or less from the date of receipt of the request. Such three (3) day period may be extended by an additional seven (7) working days if extenuating circumstances, as described in § 24-72-203(3)(b), C.R.S., exist. Responding to applications for inspection of Public Records need not take priority over the previously scheduled work activities of the Custodian or the Custodian’s designee.

3. All Public Records to which the request applies shall be preserved from the date of the request until such time as set forth in the District’s records maintenance, retention, or deletion policy or practices utilized by the Custodian.

4. No one shall remove a Public Record from the Custodian’s offices without the permission of the Custodian. Public Records may be removed from file folders or places of storage for photocopying by the Custodian or the Custodian’s designee. The Custodian may allow a person to use his or her own portable electronic equipment to make copies of Public Records.

5. As a general practice, in response to a Public Records request:

a. Public Records will be made available for inspection in the format in which they are stored. If the Custodian is unable to produce the Public Record in its

stored format for any reason set forth in § 24-72-203(3.5)(b), C.R.S., an alternate format may be produced or a denial issued under § 24-72-204, C.R.S.

b. The person making the request shall not be allowed to access the Custodian’s computer or any other computer for purposes of inspecting any Public Records;

c. Any portion of a Public Record containing non-public information that is not subject to inspection may be redacted by the Custodian prior to making the record available for inspection. The Custodian is not required to redact information from a writing that is not a Public Record in order to make the writing available for inspection. Denver Publishing Co. v. Bd. of County Comm’rs of the County of Arapahoe, 121 P.3d 190 (Colo. 2005); Colorado Republican Party v. Benefield, et al., Court of Appeals No. 07CA1216, Oct. 23, 2008 (Unpublished).

d. The Custodian, in consultation with the District’s general counsel, will determine which information is no longer considered “work-in-progress” subject to the deliberative process or work product privilege and therefore eligible for release.

e. Altering an existing Public Record, or excising fields of information that the Custodian is either required or permitted to withhold does not constitute the creation of a new Public Record. § 24-72-203(3.5)(d), C.R.S.

f. A document will not ordinarily be created in order to respond to a request.

6. Where a request seeks in excess of 25 electronically-stored Public Records, the following procedure shall apply in responding to such a request:

a. The Custodian shall solicit the comments of the requestor regarding any search terms to be used to locate and extract such records, and, in doing so, will seek to have the request refined so that it does not result in an inordinate number of irrelevant or duplicative documents, it being understood that the Custodian will make the final determination regarding search terms;

b. The Custodian shall designate an employee or another person with experience in performing electronic searches to locate and extract responsive records;

c. The person who is designated to perform the searches shall consult, as appropriate, with legal counsel to identify privileged records that should not be produced; and

d. Where appropriate, legal counsel shall conduct a final review to identify and withhold privileged records.

7. The Custodian or the Custodian’s designee shall deny the inspection of the records if such inspection would be contrary to federal or state law or regulation or would violate a court order. In special circumstances, a Custodian shall deny inspection of the Public Records if such inspection would cause substantial injury to the public interest. Such a denial shall be made in writing by the Custodian to the person making the request and shall set forth with specificity

the grounds of the denial. It is not necessary to state a ground for denial of access for each document if a specific ground is applicable to a group of documents.

8. If the Public Records requested are not in the custody or control of the Custodian, the Custodian shall notify the requestor of this fact in writing. In such notification, the Custodian shall state in detail to the best of his/her knowledge and belief the reason for the absence of the Public Records, the location of the Public Records, and what person then has custody or control of the Public Records.

9. All Public Records, regardless of storage format, will be administered in accordance with approved retention schedules. The District reserves the right to adopt the records retention policy that has been promulgated by the Custodian.

E. Fees for All Record Requests

1. Fees for standard reproductions. The Custodian or the Custodian’s designee shall charge a fee not to exceed twenty-five cents per page for any photocopies or printed copies of electronic records that are required to make a Public Record available. Other reproductions of Public Records shall be provided at a cost not to exceed the actual cost of the reproduction. Such fees shall be paid by the applicant prior to the receipt of copies of any Public Records. Requests expected to exceed a total charge of $10.00 or more must be accompanied by a deposit equal to the reasonably-estimated reproduction costs. This deposit will be credited toward the total fee, and the total fee shall be paid prior to release of the requested records. In the event the deposit amount exceeds the actual costs, the balance will be refunded.

2. Transmission fees. No fees related to transmission shall be charged for transmitting public records via electronic mail. Within the period specified in § 24-72-203, C.R.S., the Custodian shall notify the record requester that a copy of the record is available but will only be sent to the requester once the custodian receives payment for postage if the copy is transmitted by United States mail, or payment for the cost of delivery if the copy is transmitted other than by United States mail, and payment for any other supplies used in the mailing, delivery, or transmission of the record and for all other costs associated with producing the record. Upon receiving such payment, the custodian shall send the record to the requester as soon as practicable but no more than three business days after receipt of such payment.

3. Fees for search, retrieval and legal review:

a. In the case of any request requiring more than one hour of time for search, retrieval, supervision of inspection, copying, manipulation, redaction or legal counsel review to identify and withhold privileged records, the Custodian or the Custodian’s designee may charge a hourly fee for such time that is consistent with § 24-72-205(6), C.R.S. Prior to performing any services necessary to respond to a request, the Custodian or the Custodian’s designee shall require the applicant to pay a deposit equal to the reasonably estimated fees that will be charged by the Custodian for such staff time. Before receiving any records, the applicant shall also pay the amount by which the cost of any open records services exceeds the deposit. The District shall promptly refund the amount by which the deposit exceeds the cost of any open records services.

b. To the extent possible, the Custodian shall utilize administrative or clerical staff for search and retrieval of Public Records who are ordinarily responsible for

such duties to ensure that the fees charged for staff time in connection with the request represent costs incurred in the ordinary course of business and not extraordinary charges, but in any case, such charges shall be consistent with § 24-72-205(6), C.R.S.

Remainder of Page Intentionally Left Blank. Signature page follows.

ADOPTED THIS 5TH DAY OF DECEMBER, 2017.


Officer of District ATTEST:

APPROVED AS TO FORM: WHITE BEAR ANKELE TANAKA & WALDRON Attorneys at Law General Counsel to the District

EXHIBIT A

OFFICIAL REQUEST FORM


Request for Inspection/Copy of Public Records

Applicant Name: Applicant Address: City/State: Zip:

Daytime Phone #:( ) Alt./Cell: ( ) Email:

Detailed description of the records requested: (Please use additional sheets if necessary) Select a preferred format for the materials: Hard Copies ____ Electronic ____ View Hard Copy Only ____

I request the records described and agree to pay all charges incurred in processing this request at or before the time the records are made available. If over $10, I understand I must provide a deposit to pay for the cost incurred to obtain the records. I understand that the Estimated Charges are estimates only, and that the actual cost may vary. This request will be considered received when this form is complete and received by the Custodian and any required deposit is paid.

Signature: Date:

Submit Request Form To: Greatrock North Water and Sanitation District, c/o Special Districts Management Services, Inc. 141 Union Boulevard, Suite 150 Lakewood, CO 80228

If the records are available pursuant to §§ 24-72-201, et seq., C.R.S., the records shall be made available for viewing within three (3) working days. The date of receipt is not included in calculating the response date. If extenuating circumstances exist so that the Custodian cannot reasonably gather the records within the three (3)-day period, the Custodian may extend the period by up to seven (7) working days. The requestor shall be notified of the extension within the three (3)-day period. Public records shall be viewed at the District’s offices during regular business days at prearranged times.

For Internal Use Only Estimated Charges

Number of Pages _______ at $0.25/page _______ Research & Retrieval ______Hours at $_____/Hr See § 24-72-205(6), C.R.S. for hourly fee Research & Retrieval Total: $ ______ Postage/Delivery Costs: $_________________

Deposit Required: $______________________ Total Estimate Cost: $____________________ Note: Non-standard and special requests will be billed at cost and charged in addition to any other fees

Administrative Matters Date Request Completed: Amount Prepaid: $___________________ Approved:___________ Denied: _____________ Balance Due Before Release: $__________ If Denied, Provide Reason(s): Total Amount Paid: $_________________

For Internal Use Only Date of Request: ___________ Time of Request: ____ AM/PM

0495.0026: 863373

mailto:_________@$0.25/page

After Recording, Return to: WHITE BEAR ANKELE TANAKA & WALDRON 2154 East Commons Avenue, Suite 2000 Centennial, Colorado 80122

Resolution No. 2017-12-03

RESOLUTION OF THE

BOARD OF DIRECTORS OF THE


CONCERNING THE IMPOSITION OF VARIOUS FEES, RATES, PENALTIES AND CHARGES FOR WATER SERVICES AND FACILITIES

____________________________________ WHEREAS, the Greatrock North Water and Sanitation District (the “District”) was

formed pursuant to §§ 32-1-101, et seq., C.R.S., as amended (the “Special District Act”), by order of the District Court for Adams County, Colorado, and after approval of the District’s eligible electors at an election; and

WHEREAS, pursuant to § 32-1-1001(1)(h), C.R.S., the Board of Directors of the District

(the “Board”) shall have the management, control and supervision of all the business and affairs of the District; and

WHEREAS, the Board has determined it to be in the best interests of the District, and the

property owners, taxpayers, and residents of the District, to acquire, construct, operate and maintain certain amenities and facilities benefitting property and inhabitants within the District, which amenities and facilities generally include water improvements, facilities, appurtenances and rights-of-way (collectively, the “Facilities”); and

WHEREAS, the Board has determined it to be in the best interests of the District, and the

property owners, taxpayers, and residents of the District, to provide certain water services to property and inhabitants within and without the boundaries of the District (collectively, the “Services”); and

WHEREAS, pursuant to § 32-1-1001(1)(j)(I), C.R.S., the District is authorized to fix and

impose fees, rates, tolls, penalties and charges for services or facilities furnished by the District which, until such fees, rates, tolls, penalties and charges are paid, shall constitute a perpetual lien on and against the property served; and

WHEREAS, the District incurs certain direct and indirect costs associated with the

acquisition, construction, installation, repair, replacement, improvement, reconstruction operation and maintenance of the Facilities, as necessary, inclusive of the costs of utilities and capital replacement costs (collectively, the “Facility Costs”) in order that the Facilities may be properly provided and maintained; and

WHEREAS, the District incurs certain direct and indirect costs associated with the

provision of the Services in order that the Services may be properly provided, the property within

1 0495.0007; 866160

and without the District maintained, and that the health, safety and welfare of the District, its users and its inhabitants may be safeguarded (collectively, the “Service Costs”); and

WHEREAS, the establishment and continuation of fair and equitable fees and charges

(collectively, the “Fees and Charges”) to provide a source of funding to pay for the Facility Costs and the Service Costs, (collectively, the “Costs”), which Costs are generally attributable to the persons and/or properties subject to such Fees and Charges, is necessary to provide for the common good and for the prosperity and general welfare of the District and its inhabitants and for the orderly and uniform administration of the District’s affairs; and

WHEREAS, pursuant to § 32-1-1006(1)(g), C.R.S., the District is empowered to fix and

from time to time increase or decrease tap fees; and

WHEREAS, on May 2, 2017, the Board adopted Rules and Regulations, which Rules and Regulations incorporated all prior revisions adopted by the Board and were reissued as of this date (“Rules and Regulations”); and

WHEREAS, pursuant to §32-1-1001(2), C.R.S., the Board, as a governing body furnishing

domestic water or sanitary sewer services directly to residents and property owners within or outside of the District, may fix or increase fees, rates, tolls, penalties or charges for domestic water or sanitary sewer services only after consideration of the action at a public meeting held at least thirty (30) days after providing notice stating that the action is being considered and stating the date, time and place of the meeting at which the action is being considered; and WHEREAS, pursuant to § 32-1-1001(2)(a)(III), C.R.S., on October 5, 2017, the Board provided the required thirty (30) days’ notice to the residents and property owners within and outside of the District by posting the information on the official website of the District, a link to which is on the official website of the Division of Local Government; and

WHEREAS, pursuant to § 32-1-1001(2)(a)(IV), C.R.S., on October 6, 2017, the Board provided the required (30) days’ notice by posting the notice on the official website of the Colorado Special District Association, the statewide association of special districts forms pursuant to § 29-1-401, C.R.S., which association posted the notice of a publicly accessible section of its website; and

WHEREAS, on September 5, 2017, upon notice pursuant to §32-1-1001(2), C.R.S., the

Board adopted Resolution Number 2017-09-01 Amending Rules and Regulations (the “Prior Fee Resolution”), and the Board desires to adopt this Resolution to amend and restate the Prior Fee Resolution in its entirety; and

WHEREAS, the District finds that the Fees and Charges, as set forth in this Resolution, are

reasonably related to the overall cost of providing the Facilities and Services and paying the Costs, and that imposition thereof is necessary and appropriate.

Any fees, rates, tolls, penalties or charges due under the Prior Fee Resolution, to the extent

outstanding and unpaid, shall remain in effect until fully paid and shall not be eliminated hereby.

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NOW, THEREFORE, be it resolved by the Board as follows: 1. DEFINITIONS. Except as otherwise expressly provided or where the context

indicates otherwise, the following capitalized terms shall have the respective meanings set forth below:

“District Boundaries” means the legal boundaries of the District, as the same are established and amended from time to time pursuant to §§32-1-101, et seq., C.R.S., as well as properties outside of the District’s legal boundaries which receive service from the District, all as more particularly set forth in the map and legal description attached hereto as Exhibit B and incorporated herein by this reference. “Due Date” means the date by which the Fees and Charges are due, which Due Date is reflected on the Schedule of Fees. “End User” means any third-party homeowner or tenant of any homeowner occupying or intending to occupy a Residential Unit. End User specifically excludes a tenant occupying an Apartment Unit. “Fee Schedule” or “Schedule of Fees and Charges” means the schedule of fees set forth in Exhibit A, attached hereto and incorporated herein by this reference, until and unless otherwise amended and/or repealed. “Lot” means each parcel of land established by a recorded final subdivision plat and which is located within the District Boundaries. “Property Owner” shall include all owners of real property, customers, users, residents, leaseholders and other recipients of District services. “Residential Unit” means each residential dwelling unit (including, without limitation, condominiums, townhomes, and any other attached dwelling unit and detached single family dwelling units) located within the District Boundaries which has been Transferred to an End User. “Transfer” or “Transferred” shall include a sale, conveyance or transfer by deed, instrument, writing, lease or any other documents or otherwise by which real property is sold, granted, let, assigned, transferred, exchanged or otherwise vested in a tenant, tenants, purchaser or purchasers. “Vacant Lot” means each parcel of land within the District established by a recorded final subdivision plat, but specifically excluding any parcel upon which one or more Residential Units is situated and specifically excluding any parcel owned by the District.

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2. THE FEES AND CHARGES. a. Service Fees and Charges. The Board has determined, and does hereby

determine, that it is in the best interests of the District and its respective residents, users and property owners to impose, and does hereby impose the Fees and Charges set forth in the Schedule of Fees and Charges to fund the Costs. The Fees and Charges are hereby established and imposed in an amount as set forth by the District from time to time pursuant to an annual “Fee Schedule” and shall constitute the rate in effect until such schedule is amended or repealed. The initial Fee Schedule is set forth in Exhibit A, attached hereto and incorporated herein by this reference.

b. Transfer Payment. The Fees shall include a separate payment imposed on transfers of a Residential Unit (the “Transfer Payment”). The Transfer Payment shall be imposed on all Transfers of a Residential Unit by an End User. The Transfer Payment shall not apply to any of the following, except to the extent the District determines that such exception is being undertaken for the purpose of improperly avoiding the Fees and Charges:

i. Any Transfer wherein the United States, or any agency or instrumentality thereof, the State of Colorado, any county, city and county, municipality, district or other political subdivisions of this State, is either the grantor or the grantee.

ii. Any Transfer by document, decree or agreement partitioning,

terminating or evidencing termination of a joint tenancy, tenancy in common or other co-ownership; however, if additional consideration or value is paid in connection with such partition or termination the Transfer Payment shall apply and be based upon such additional consideration.

iii. Any Transfer of title or change of interest in real property by reason

of death, pursuant to a will, the law of descent and distribution, or otherwise.

iv. Any Transfer made and delivered without consideration for the purpose of: confirming, correcting, modifying or supplementing a Transfer previously made; making minor boundary adjustments; removing clouds of title; or granting easements, rights-of-way or licenses.

v. Any decree or order of a court of record quieting, determining or

resting title, except for a decree of foreclosure.

vi. Transfers to secure a debt or other obligation, or releases other than by foreclosure, which is security for a debt or other obligation.

vii. Transfers pursuant to a decree or separation of divorce.

c. The Board has determined, and does hereby determine, that the Fees and

Charges are reasonably related to the overall cost of providing the Facilities and Services,

4

and is imposed on those who are reasonably likely to benefit from or use the Facilities and Services.

d. The revenues generated by the Fees and Charges will be accounted for

separately from other revenues of the District, specifically ad valorem property tax revenues, if applicable. The revenue from Fees and Charges will be used solely for the purpose of paying Costs, and, if ad valorem property tax revenues are available, may not be used by the District to pay for general administrative costs of the District. This restriction on the use of the Fees and Charges revenue shall be absolute and without qualification.

e. The Board has determined, and does hereby determine, that the Fees and

Charges are calculated to defray the cost of funding the Costs and reasonably distribute the burden of defraying the Costs in a manner based on the benefits received by persons paying the fees and using the Facilities and Services.

3. LATE FEES AND INTEREST. Pursuant to § 29-1-1102(3), C.R.S., any Fees and

Charges not paid in full within fifteen (15) days after the scheduled due date will be assessed a late fee in the amount of Fifteen Dollars ($15.00) or up to five percent (5%) per month, or fraction thereof, not to exceed a total of twenty-five percent (25%) of the amount due. Interest will also accrue on any outstanding Fees and Charges, exclusive of assessed late fees, penalties, interest and any other costs of collection, specially including, but not limited, to attorney fees, at the rate of 18% per annum, pursuant to § 29-1-1102(7), C.R.S. The District may institute such remedies and collection procedures as authorized under Colorado law, including, but not limited to, foreclosure of its perpetual lien. The defaulting property owner shall pay all fees and costs, specifically including, but not limited to, attorneys’ fees and costs and costs associated with the collection of delinquent fees, incurred by the District and/or its consultants in connection with the foregoing.

4. PAYMENT. Payment for all fees, rates, tolls, penalties, charges, interest and

attorney fees shall be made by check or equivalent form acceptable to the District, made payable to “Greatrock North Water and Sanitation District” and sent to the address below. The District may change the payment address from time and time and such change shall not require an amendment to this Resolution.

Greatrock North Water and Sanitation District c/o Special Districts Management Services, Inc. 141 Union Boulevard, Suite 150 Lakewood, CO 80228 5. LIEN. The fees imposed hereunder, together with any and all late fees, interest,

penalties and costs of collection, shall, until paid, constitute a statutory, perpetual lien on and against the property served, and any such lien may be foreclosed in the manner provided by the laws of the State of Colorado for the foreclosure of mechanic’s liens, pursuant to § 32-1-1001(1)(j)(I), C.R.S. Said lien may be foreclosed at such time as the District, in its sole discretion, may determine. The lien shall be perpetual in nature (as defined by the laws of the State of Colorado)

5

on the property and shall run with the land. This Resolution shall be recorded in the offices of the Clerk and Recorder of Adams County, Colorado.

6. CERTIFICATION OF ACCOUNT TO COUNTY TREASURER. Pursuant to

§32-1-1101(1)(e), C.R.S., the Board may elect to certify any delinquent account and late fees satisfying the criteria established therein to the Adams County Treasurer for collection with the District’s ad valorem property taxes. The certification process may be in addition to or in lieu of any procedures set forth in this Resolution in the Board’s sole discretion. The fees for the certification process shall be in accordance with Colorado law and Adams County policy.

7. SHUT OFF OR DISCONTINUATION OF SERVICE. Pursuant to § 32-1-

1006(1)(d), C.R.S., the Board may elect to shut off or discontinue water service for delinquencies. The shut off or discontinuation of service may be in addition to or in lieu of any procedures set forth in this Resolution in the Board’s sole discretion. The fees associated with the shut off or discontinuation of service as set forth in the Schedule of Fees and Charges.

8. SEVERABILITY. If any portion of this Resolution is declared by any court of

competent jurisdiction to be void or unenforceable, such decision shall not affect the validity of any remaining portion of this Resolution, which shall remain in full force and effect. In addition, in lieu of such void or unenforceable provision, there shall automatically be added as part of this Resolution a provision similar in terms to such illegal, invalid or unenforceable provision so that the resulting reformed provision is legal, valid and enforceable.

9. THE PROPERTY. This Resolution shall apply to all property within the District’s

boundaries, including, but not limited to, the property set forth in Exhibit B, attached hereto and incorporated herein by this reference, and any additional property included into the District after the date of this Resolution.

10. EFFECTIVE DATE. This Resolution shall become effective as of January 1, 2018.

[Remainder of Page Intentionally Left Blank. Signature Page to Follow].

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GREATROCK NORTH WATER AND SANITATION DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado _____________________________ Officer of the District

ATTEST:

_____________________________

APPROVED AS TO FORM: WHITE BEAR ANKELE TANAKA & WALDRON Attorneys At Law General Counsel to the District

Signature page to Resolution Concerning the Imposition of Various Fees and Charges for Water Services and Facilities

0495.0007; 866160

EXHIBIT A

Schedule of Fees and Charges

SCHEDULE OF FEES AND CHARGES

Adopted and Approved December 5, 2017

SYSTEM DEVELOPMENT FEE (All Developments Other than Hayesmount Estates, Homestead Heights and Ridgeview Estates) $ 12,300 This fee is a one-time contribution per single-family residential equivalent unit (“EQR”) required of new Customers (or existing Customers having change of use) to be used for capital investment in Regional Facilities and the organization of the District. Regional Facilities shall include the wells, treatment (including the water treatment facility and two evaporation ponds), storage, transmission, mechanical and electrical components, instrumentation and control components constructed, installed and/or acquired by the District on or before September 5, 2017. Regional Facilities shall not include site specific infrastructure or facilities or transmission lines extending from the Regional Facilities to a subdivision. The System Development Fee shall be due within five (5) business days of the issuance of a building permit by the County for each lot. Fees for the following tap sizes will be calculated at the stated EQR values multiplied by the SDF amount stated above: ¾” Size 1 EQR 1” Size 1.67 EQR 1½” Size 3.33 EQR 2” Size 6.67 EQR 3” Size 16.67 EQR 4” Size 33.33 EQR Larger than 4” As Determined by District SYSTEM DEVELOPMENT FEE (Hayesmount Estates, Homestead Heights and Ridgeview Estates) $ 21,300 The System Development Fee for Hayesmount Estates, Homestead Heights, and Ridgeview Estates is a one-time contribution per single-family residential equivalent unit (“EQR”) required of new Customers (or existing Customers having change of use) to be used for capital investment in Regional Facilities and the organization of the District. Regional Facilities for Hayesmount Estates, Homestead Heights and Ridgeview Estates shall include wells, treatment (including the water treatment facility and current/future concentrate evaporation ponds), water storage tanks, transmission, mechanical and electrical components, and instrumentation and control components constructed, installed, acquired, or planned by the District for its public water system. Regional Facilities for Hayesmount Estates, Homestead Heights, and Ridgeview Estates shall not include site specific infrastructure (i.e.

distribution system improvements (waterlines)) within the subdivision or connected to another subdivision’s infrastructure (waterlines). The System Development Fee shall be due within five (5) business days of the issuance of a building permit by the County for each lot. Fees for the following tap sizes will be calculated at the stated EQR values multiplied by the SDF amount stated above: ¾” Size 1 EQR 1” Size 1.67 EQR 1½” Size 3.33 EQR 2” Size 6.67 EQR 3” Size 16.67 EQR 4” Size 33.33 EQR Larger than 4” As Determined by District TAP INSPECTION FEE $150 This fee is intended to cover the cost of the District’s inspection of the physical tap and of the Customer’s Service Line, entering the tap location on the District’s as-built drawing set, and other ancillary services needed in connection with a new tap. MONTHLY WATER SERVICE CHARGES Base Rate (0 gallons) $ 48.00 flat rate 40,000 gallons $ 4.15 per 1,000 gals. 40,001 + gallons $ 10.00 per 1,000 gals.

LATE CHARGE $ 15.00

RENEWABLE WATER RESOURCE FEE

Meter Size SFE GPM Fee* 5/8 & ¾ 0.67 20 $9,936 ¾ 1 30 $14,830 1” 1.67 50 $24,766 1.5” 3.33 100 $49,384 2” 6.67 200 $98,916 3” 16.67 500 $247,216 4” 33.33 1000 $494,284 6” 66.67 2000 $988,716

*Fee structure based on Town of Castle Rock Municipal Code, 2012 Renewable Water Resource Fees, Chapter 4.04, Water Dedication Code.

0495.0007; 866160

Credit against the renewable water resource fee may be granted in consideration of the dedication of tributary water or surface water rights on such terms and conditions acceptable to the District Board. Payment of the renewable water resource fee shall be assessed in accordance with the schedule of rates in effect as of the date of inclusion. Payment of the renewable water resource fee shall be a condition to issuance of the issuance of a water tap. AVAILABILITY OF SERVICE CHARGE 50% of Monthly Water Service Charge

Base Rate Assessed on each parcel of land established by a recorded final subdivision plat located within the District’s boundaries and where the lot line of which is located within one hundred feet (100’) of a water line which is installed and ready for connection. Charge assessed and due on same schedule as Monthly Water Service Charge. INSPECTION FEES Service Line / Meter Pit Inspection $ 180.00 Meter Installation $ 180.00 Other Inspection $ 180.00 REINSPECTION FEE OR RETURN VISIT FEE $ 180.00 METER COST Current cost to District WATER TURN ON/TURN OFF $ 90.00 each on/off (Customer Requested)

MISCELLANEOUS FEES: CONSTRUCTION WATER FEE $ 50.00 / month District shall make construction water available to homebuilders, from the date a building permit is pulled until a meter is installed at a flat monthly rate. FIRE HYDRANT METER FEES Meter Assembly Rental Deposit $ 2,000.00 (refundable) Monthly Fee $ 10.00 / 1,000 gallons FORMAL INCLUSION HEARING FEE $ 1,000.00 / application fee Plus all costs of publication of notices and engineering, management and attorneys; fees incurred by District in processing the inclusion. INCLUSION FEE Initial Deposit $ 10,000.00 Non-refundable

0495.0007; 866160

Incremental Refundable Deposits of $ 5,000.00 For actual time and expenses incurred over the $10,000 initial deposit, including but not limited to costs of publication of notices and engineering, management and attorneys’ fees. TRANSFER OF SERVICE FEE $ 175.00/occurrence

Fee due and owing upon transfer of account from one responsible party and/or account holder to another. PLAN REVIEW FEES Actual Time and expenses incurred by District $ 1,500.00 / minimum fee PENALTY FEES / FINES: Excavation During Non-Excavation Period - Bond $ 5,000.00 December 1 through March 31 of each year. The District may adjust the no-excavation period based on actual weather conditions. The bond is security for repairs which may be required due to damage to the District’s existing facilities. Installation of any non-metered device $ 2,000.00 / occurrence Installation of any device (i.e., “jumper”) to allow for circumvention of the District’s monitoring or delivery systems shall constitute unauthorized tampering and the use of the District water system shall be subject to a penalty fee. Such fines shall, until paid, constitute a lien upon the subject property, pursuant to Section 32-1-1001, C.R.S. Irrigating with Domestic Water1 - First Offense $ 1,000.00 Irrigating with Domestic Water1 - Second Offense $ 2,000.00 & Flow Restrictor will be installed Irrigating with Domestic Water1 - Disconnection of Service. Service not to be reinstated until all fees, including penalties, are paid in full. Failure to Possess Rules and Regulations $ 1,000.00 / occurrence Failure to purchase and/or have a copy of the Greatrock North Water and Sanitation District Rules and Regulations, and updates, and approved construction plans on site during construction. Occupation of Building Prior to Meter Set $ 1,000.00 Repair of Broken or Damaged Water Meters, Meter Pits and Curb Stop Boxes 100%2

1 In a dual domestic and irrigation water service area. 2 A) If a Customer damages or breaks their water meter, the Customer shall pay 100% of the associated costs for the repair and/or replacement of the water meters, meter pits and curb stop boxes. B) The District will notify the Customer of the broken or damaged water meters, meter pits and curb stop boxes and the costs of repair and/or replacement. A copy of the invoice for the work will be included with the notice. The Customer will reimburse the costs to the District within thirty (30) days of receipt of the notice. C) If reimbursement is not received by the District within thirty (30) days of the notice, the costs will be added as a charge to the Customer’s water bill for the next billing cycle.

0495.0007; 866160

Plus any management and attorneys’ fees incurred to collect associated costs. Unauthorized Tampering with District systems or meters: $ 2,000.00 / incident Plus actual cost of damage, expense, and loss. Unauthorized Connection Fee 2 x the current SDF Plus actual cost of damage, expense, and loss, legal fees, and any other costs incurred in the filing of criminal charges.

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EXHIBIT B


District Boundaries

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0495.0005; 866112

Resolution Number 2017-12-04

RESOLUTION

OF THE BOARD OF DIRECTORS

OF THE GREATROCK NORTH WATER AND SANITATION DISTRICT

AMENDING RULES AND REGULATIONS (2017 Reissuance)

WHEREAS, the Greatrock North Water and Sanitation District (the “District”) was organized in accordance with and pursuant to §§ 32-1-101, et seq., C.R.S. for the purpose of providing water and storm drainage facilities and services to properties within and without its boundaries; and WHEREAS, pursuant to § 32-1-1001(1)(m), C.R.S., the District’s Board of Directors (the “Board”) is empowered to adopt, amend and enforce rules and regulations of the District; and WHEREAS, on May 2, 2017, the Board adopted Rules and Regulations, which Rules and Regulations were subsequently amended on September 5, 2017, in Resolution No. 2017-09-01 (collectively, the “Rules and Regulations”) which incorporated all prior revisions adopted by the Board; and

WHEREAS, pursuant to §32-1-1001(2), C.R.S., the Board, as a governing body furnishing domestic water or sanitary sewer services directly to residents and property owners within or outside of the District, may fix or increase fees, rates, tolls, penalties or charges for domestic water or sanitary sewer services only after consideration of the action at a public meeting held at least thirty (30) days after providing notice stating that the action is being considered and stating the date, time and place of the meeting at which the action is being considered; and WHEREAS, pursuant to § 32-1-1001(2)(a)(III), C.R.S., on October 5, 2017, the Board provided the required thirty (30) days’ notice to the residents and property owners within and outside of the District by posting the information on the official website of the District, a link to which is on the official website of the Division of Local Government; and

WHEREAS, pursuant to § 32-1-1001(2)(a)(IV), C.R.S., on October 6, 2017, the Board provided the required (30) days’ notice by posting the notice on the official website of the Colorado Special District Association, the statewide association of special districts forms pursuant to § 29-1-401, C.R.S., which association posted the notice of a publicly accessible section of its website; and WHEREAS, the Board has determined that a reduced user rate is sufficient to provide for expenses and reserves at this time; and

0495.0005; 866112

WHEREAS, the Board desires to amend the Rules and Regulations in this Resolution to provide for the changes in user rate. NOW, THEREFORE, be it resolved by the Board as follows: Section 1. REPLACEMENT OF APPENDIX A “SCHEDULE OF FEES AND CHARGES.” Appendix A of the Rules and Regulations shall be replaced it its entirety with the Schedule of Fees and Charges set forth in Exhibit A, attached hereto and incorporated herein by this reference. Section 2. PRIOR PROVISIONS EFFECTIVE. Except as specifically amended hereby, all the terms and provisions of the Rules and Regulations, as amended, shall remain in full force and effect.

[Remainder of Page Intentionally Left Blank. Signature Page Follows.]

0495.0005; 866112


GREATROCK NORTH WATER AND SANITATION DISTRICT Officer of the District

ATTEST: APPROVED AS TO FORM: WHITE BEAR ANKELE TANAKA & WALDRON Attorneys at Law General Counsel to the District

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EXHIBIT A Appendix A

Schedule of Fees and Charges

SCHEDULE OF FEES AND CHARGES

Adopted and Approved December 5, 2017

SYSTEM DEVELOPMENT FEE (All Developments Other than Hayesmount Estates, Homestead Heights and Ridgeview Estates) $ 12,300 This fee is a one-time contribution per single-family residential equivalent unit (“EQR”) required of new Customers (or existing Customers having change of use) to be used for capital investment in Regional Facilities and the organization of the District. Regional Facilities shall include the wells, treatment (including the water treatment facility and two evaporation ponds), storage, transmission, mechanical and electrical components, instrumentation and control components constructed, installed and/or acquired by the District on or before September 5, 2017. Regional Facilities shall not include site specific infrastructure or facilities or transmission lines extending from the Regional Facilities to a subdivision. The System Development Fee shall be due within five (5) business days of the issuance of a building permit by the County for each lot. Fees for the following tap sizes will be calculated at the stated EQR values multiplied by the SDF amount stated above: ¾” Size 1 EQR 1” Size 1.67 EQR 1½” Size 3.33 EQR 2” Size 6.67 EQR 3” Size 16.67 EQR 4” Size 33.33 EQR Larger than 4” As Determined by District SYSTEM DEVELOPMENT FEE (Hayesmount Estates, Homestead Heights and Ridgeview Estates) $ 21,300 The System Development Fee for Hayesmount Estates, Homestead Heights, and Ridgeview Estates is a one-time contribution per single-family residential equivalent unit (“EQR”) required of new Customers (or existing Customers having change of use) to be used for capital investment in Regional Facilities and the organization of the District. Regional Facilities for Hayesmount Estates, Homestead Heights and Ridgeview Estates shall include wells, treatment (including the water treatment facility and current/future concentrate evaporation ponds), water storage tanks, transmission, mechanical and electrical components, and instrumentation and control components constructed, installed, acquired, or planned by the District for its public water system. Regional Facilities for Hayesmount Estates, Homestead Heights, and Ridgeview Estates shall not include site specific infrastructure (i.e. distribution system improvements (waterlines)) within the subdivision or connected to another

0495.0005; 866112

subdivision’s infrastructure (waterlines). The System Development Fee shall be due within five (5) business days of the issuance of a building permit by the County for each lot. Fees for the following tap sizes will be calculated at the stated EQR values multiplied by the SDF amount stated above: ¾” Size 1 EQR 1” Size 1.67 EQR 1½” Size 3.33 EQR 2” Size 6.67 EQR 3” Size 16.67 EQR 4” Size 33.33 EQR Larger than 4” As Determined by District TAP INSPECTION FEE $150 This fee is intended to cover the cost of the District’s inspection of the physical tap and of the Customer’s Service Line, entering the tap location on the District’s as-built drawing set, and other ancillary services needed in connection with a new tap. MONTHLY WATER SERVICE CHARGES Base Rate (0 gallons) $ 48.00 flat rate 40,000 gallons $ 4.15 per 1,000 gals. 40,001 + gallons $ 10.00 per 1,000 gals.

LATE CHARGE $ 15.00

RENEWABLE WATER RESOURCE FEE

Meter Size SFE GPM Fee* 5/8 & ¾ 0.67 20 $9,936 ¾ 1 30 $14,830 1” 1.67 50 $24,766 1.5” 3.33 100 $49,384 2” 6.67 200 $98,916 3” 16.67 500 $247,216 4” 33.33 1000 $494,284 6” 66.67 2000 $988,716

*Fee structure based on Town of Castle Rock Municipal Code, 2012 Renewable Water Resource Fees, Chapter 4.04, Water Dedication Code. Credit against the renewable water resource fee may be granted in consideration of the dedication of tributary water or surface water rights on such terms and conditions acceptable to the District Board.

0495.0005; 866112

Payment of the renewable water resource fee shall be assessed in accordance with the schedule of rates in effect as of the date of inclusion. Payment of the renewable water resource fee shall be a condition to issuance of the issuance of a water tap. AVAILABILITY OF SERVICE CHARGE 50% of Monthly Water Service Charge

Base Rate Assessed on each parcel of land established by a recorded final subdivision plat located within the District’s boundaries and where the lot line of which is located within one hundred feet (100’) of a water line which is installed and ready for connection. Charge assessed and due on same schedule as Monthly Water Service Charge. INSPECTION FEES Service Line / Meter Pit Inspection $ 180.00 Meter Installation $ 180.00 Other Inspection $ 180.00 REINSPECTION FEE OR RETURN VISIT FEE $ 180.00

METER COST Current cost to District WATER TURN ON/TURN OFF $ 90.00 each on/off (Customer Requested)

MISCELLANEOUS FEES:

CONSTRUCTION WATER FEE $ 50.00 / month District shall make construction water available to homebuilders, from the date a building permit is pulled until a meter is installed at a flat monthly rate. FIRE HYDRANT METER FEES Meter Assembly Rental Deposit $ 2,000.00 (refundable) Monthly Fee $ 10.00 / 1,000 gallons

FORMAL INCLUSION HEARING FEE $ 1,000.00 / application fee Plus all costs of publication of notices and engineering, management and attorneys; fees incurred by District in processing the inclusion. INCLUSION FEE Initial Deposit $ 10,000.00 Non-refundable Incremental Refundable Deposits of $ 5,000.00 For actual time and expenses incurred over the $10,000 initial deposit, including but not limited to costs of publication of notices and engineering, management and attorneys’ fees.

0495.0005; 866112

TRANSFER OF SERVICE FEE $ 175.00/occurrence Fee due and owing upon transfer of account from one responsible party and/or account holder to another.

PLAN REVIEW FEES Actual Time and expenses incurred by District $ 1,500.00 / minimum fee PENALTY FEES / FINES: Excavation During Non-Excavation Period - Bond $ 5,000.00 December 1 through March 31 of each year. The District may adjust the no-excavation period based on actual weather conditions. The bond is security for repairs which may be required due to damage to the District’s existing facilities. Installation of any non-metered device $ 2,000.00 / occurrence Installation of any device (i.e., “jumper”) to allow for circumvention of the District’s monitoring or delivery systems shall constitute unauthorized tampering and the use of the District water system shall be subject to a penalty fee. Such fines shall, until paid, constitute a lien upon the subject property, pursuant to Section 32-1-1001, C.R.S. Irrigating with Domestic Water1 - First Offense $ 1,000.00 Irrigating with Domestic Water1 - Second Offense $ 2,000.00 & Flow Restrictor will be installed Irrigating with Domestic Water1 - Disconnection of Service. Service not to be reinstated until all fees, including penalties, are paid in full. Failure to Possess Rules and Regulations $ 1,000.00 / occurrence Failure to purchase and/or have a copy of the Greatrock North Water and Sanitation District Rules and Regulations, and updates, and approved construction plans on site during construction. Occupation of Building Prior to Meter Set $ 1,000.00 Repair of Broken or Damaged Water Meters, Meter Pits and Curb Stop Boxes 100%2 Plus any management and attorneys’ fees incurred to collect associated costs.

Unauthorized Tampering with District systems or meters: $ 2,000.00 / incident Plus actual cost of damage, expense, and loss.

1 In a dual domestic and irrigation water service area. 2 A) If a Customer damages or breaks their water meter, the Customer shall pay 100% of the associated costs for the repair and/or replacement of the water meters, meter pits and curb stop boxes. B) The District will notify the Customer of the broken or damaged water meters, meter pits and curb stop boxes and the costs of repair and/or replacement. A copy of the invoice for the work will be included with the notice. The Customer will reimburse the costs to the District within thirty (30) days of receipt of the notice. C) If reimbursement is not received by the District within thirty (30) days of the notice, the costs will be added as a charge to the Customer’s water bill for the next billing cycle.

0495.0005; 866112

Unauthorized Connection Fee 2 x the current SDF Plus actual cost of damage, expense, and loss, legal fees, and any other costs incurred in the filing of criminal charges.

12596 W. Bayaud Ave., Ste. 330 Lakewood, Colorado 80228

303-971-0030 tza4water.com


ENGINEER’S REPORT November 22, 2017

Facility Activities Box Elder Creek Ranch Subdivision Colorado Pump Service & Supply Co. has reviewed the proposed terms of the agreement and they are acceptable. TZA anticipates the contract to be signed by the end of November and the work on the UKa-3 well will be scheduled at that time. Rocking Horse Farms Subdivision Brad will revisit the tank roof paint issues and remedies, then discuss with Lisa. Greatrock North Subdivision TZA conducted the evaluation of Well UKA-1, the Upper Arapahoe well located in the Greatrock North subdivision, on November 1, 2017. The evaluation report will be completed by the end of November. Operations TZA will be working with Jeff Rabas to inventory the District’s surplus equipment (i.e. pumps, motors, valves, etc.) during the Reserve Analysis Update. The intent is to find parties interested in the equipment by the end of 2017. District-wide Activities General Water Accounting Below is a summary and a graph of monthly water accounting values (gallons) for each of the three (3) subdivisions based upon the daily/monthly SCADA reports.

2017 BECR RHF GN January 815,895 458,572 839,428 February 771,368 439,439 718,546 March 839,631 529,255 928,594 April 903,141 810,975 1,099,683 May 815,583 959,167 1,333,653 June 1,213,640 2,935,541 2,803,647 July 1,251,970 3,253,126 3,815,139

August 1,075,210 2,607,646 3,140,597 September 986,616 1,995,447 2,748,557

October 839,176 483,650 885,866 November (as of 11/20/17) 528,122 195,022 381,287

November (projected) 792,183 292,533 571,931

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Water Augmentation Pumping Below is a summary of augmentation water pumped (gallons) for each month based upon the daily/monthly SCADA reports.

2017 LFH-1 (GN) LFH-2 (RHF) LFH-3 (BECR) January 0 0 0 February 0 287,386 0 March 130,393 348,003 0 April 0 655,317 0 May 0 490,645 286,970 June 0 659,393 855,544 July 0 670,647 3,856,420

August 443,025 222,066 3,881,346 September 0 883,765 3,579,757

October 51,865* 401,738 0 November (as of 11/21/17) 0 529,601 0

*According to Jeff Rabas on October 26, 2017, LFH-1 had not been pumping but the daily SCADA reports were reporting flows.

Water Quality Tracking Below is a table summarizing water treatment and quality, reverse osmosis daily runtimes, pond levels, and electricity usage. TZA and REC continue their weekly conductivity communications – the most recent change in the maximum daily RO runtime was a decrease to 3.5 hours on November 22, 2017.

0

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TDS (mg/l) Hardness (mg/l) Sample Date BECR RHF GN BECR RHF GN

October 11, 2017 267 301 307 58.5 82.1 76.3 September 20, 2017 351 378 491 112.8 127.2 130.3

August 9, 2017 360 445 424 114.1 152.3 161.9 July 7, 2017 389 401 399 131.3 147.1 140.7

June 23, 2017 462 492 489 166.7 187.2 199.3 May 3, 2017 354 406 646 102.7 117.8 125.2

April 12, 2017 353 348 338 116 117.5 100 March 15, 2017 365 366 369 124.5 123.9 126.9

February 15, 2017 377 351 371 118.3 99.4 113.3 January 11, 2017 383 287 330 118.1 69.8 90.7

December 16, 2016 268 297 271 46.6 53.7 51.3 November 9, 2016 271 283 301 53.0 59.9 59.4 October 7, 2016 298 341 346 74.3 99.3 99.8

September 14, 2016 382 384 395 113.4 138.2 135.7 August 24, 2016 488 511 504 178.7 180.9 184.7

July 6, 2016 561 534 546 236.9 234.6 237.4 June 1, 2016 521 477 460 190.4 165.0 171.6

As a reminder, hardness values are generally classified as:

Classification mg/l Soft 0 – 60

Moderately Hard 61 – 120 Hard 121 – 180

Very Hard GTE 181 Maximum reverse osmosis runtime settings are summarized below.

Date Maximum RO Runtime (minutes) November 22, 2017 210 November 15, 2017 300 October 11, 2017 480

June 28, 2017 780 June 21, 2017 720 June 14, 2017 600 June 12, 2017 500 April 10, 2017 330

March 17, 2017 300 February 22, 2017 270

December 30, 2016 240 November 10, 2016 480 September 7, 2016 720

July 20, 2016 600 July 6, 2016 360

April 29, 2016 240

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Pond Level Management RO runtime was reduced to 3.5 hours per day in November due to reduced demands as irrigation season now over. There is approximately 16 inches of capacity available in the ponds and we will continue to monitor this data into the fall.

Date South Pond Level Reading June 1, 2017 3.37 July 1, 2017 3.13

August 1, 2017 3.07 August 23, 2017 3.16

September 1, 2017 3.16 September 23, 2017 3.19 September 24, 2017 3.26

October 29, 2017 3.39 November 21, 2017 3.43

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United Power Billings Below is year-to-date tracking of the electrical usage and billings for similar periods.

Energy Usage (KWH) Billing Date Alluvial Wells BECR RHF GN Total

01/29/16 1,928 15,960 2,920 5,640 26,448 01/25/17 2,418 13,240 4,560 6,080 26,298

02/29/16 1,618 12,720 2,640 4,960 21,938 02/22/17 2,169 10,960 1,880 5,240 20,249

03/30/16 1,841 12,680 2,560 5,160 22,241 03/29/17 2,395 10,440 4,200 5,800 22,835

04/28/16 1,827 15,200 2,720 4,840 24,587 04/26/17 2,937 10,760 5,120 7,840 26,657

05/27/16 2,042 13,120 2,600 5,040 22,802 05/24/17 3,038 10,440 9,960 6,440 29,878

06/29/16 3,530 13,160 3,480 8,400 28,570 06/28/17 4,263 19,120 2,080 7,360 32,823

7/28/16 5,784 28,480 4,440 14,240 52,944 7/26/17 7,474 31,520 10,120 11,320 60,434

08/30/16 5,753 43,200 3,760 11,840 64,553 08/23/17 6,209 43,200 7,880 11,120 68,409

09/29/16 6,088 40,320 4,040 12,200 62,648 09/27/17 6,840 42,480 2,880 14,960 67,160

10/28/16 5,224 51,360 3,640 10,000 70,224 10/25/17 4,202 30,480 8,840 6,080 49,602

YTD 2016 35,635 246,200 32,800 82,320 396,955 YTD 2017 41,945 222,640 57,520 82,240 404,345

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Billing Amount Billing Date Alluvial Wells BECR RHF GN Total

01/29/16 $231.55 $1,276.60 $279.51 $477.25 $2,264.91 01/25/17 $283.56 $1,146.87 $412.09 $538.69 $2,381.21

02/29/16 $196.89 $1,042.58 $251.05 $429.37 $1,919.89 02/22/17 $256.42 $927.47 $188.76 $458.27 $1,830.92

03/30/16 $221.82 $987.96 $242.34 $441.09 $1,893.21 03/29/17 $288.70 $957.62 $400.50 $540.79 $2,187.61

04/28/16 $220.26 $1,224.04 $259.75 $418.31 $2,122.36 04/26/17 $349.50 $942.27 $484.63 $705.81 $2,482.21

05/27/16 $242.58 $1,077.42 $246.54 $427.04 $1,993.58 05/24/17 $360.83 $961.53 $916.27 $584.23 $2,822.86

06/19/16 $404.77 $1,013.42 $317.60 $655.09 $2,390.88 06/28/17 $498.27 $1,649.87 $199.30 $637.16 $2,984.60

7/28/16 $650.46 $2,351.80 $389.45 $1,176.69 $4,568.40 7/26/17 $858.51 $2,552.38 $891.03 $991.01 $5,292.93

08/30/16 $647.08 $3,518.45 $330.10 $941.47 $5,437.10 08/23/17 $716.59 $3,593.83 $713.65 $974.76 $5,998.83

09/29/16 $683.59 $3,166.35 $354.31 $967.44 $5,171.69 09/27/17 $787.38 $3,459.60 $260.42 $1,305.61 $5,813.01

10/28/16 $589.42 $4,125.23 $323.07 $772.23 $5,809.95 10/25/17 $491.42 $2,460.83 $808.07 $519.07 $4,279.39

YTD 2016 $4,088.42 $19,783.85 $2,993.72 $6,745.98 $33,611.97 YTD 2017 $4,891.18 $18,652.27 $5,274.72 $7,255.40 $36,073.57

NOTE: United Power’s energy rates increased for the year in the billings issued on March 29, 2017.

Category Old Rates New Rates Increase C1 $0.10900 / KWH $0.11219 / KWH 2.93%

CTD1 (Energy On Peak) $0.15613 / KWH $0.15932 / KWH 2.04% CTD2 (Energy Off Peak) $0.05858 / KWH $0.06177 / KWH 5.45%

Geographic Information System TZA will continue to add information and records to the GIS site as items become available and time allows under the direction of the District Manager. The most recent additions include records associated with the existing concentrate evaporation ponds. Reserve Analysis Update TZA’s proposal for the Reserve Analysis Update was approved at the October Board meeting and is scheduled to be initiated December 1, 2017.

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Development Activities Hayesmount Estates TZA received the developer’s revised construction plans on November 6. Brad will be meeting with CES Consultants, LLC on November 27 to review comments on the water system improvements. Homestead Heights (aka Country Club Ranchettes) The development name has been changed to “Country Club Ranchettes”. On October 2, 2017, Adams County issued a request for comments for the major subdivision preliminary plat to create 56 single-family lots over approximately 120 acres in the Residential Estates zone district. Adams County has asked the developer to resubmit due to non-conformance with many of the County’s development standards. Once the plat is approved, TZA anticipates the water system design will be finalized and presented to the District for review.

Documents

GREATROCK NORTH WATER AND SANITATION DISTRICT · Petrock & Fendel (enclosure - 011). 9. Review and consider approval of Third Addendum to Independent ... manual. Greatrock North Water