HomeMy Public PortalAboutTBP 2021-01-20Board of Trustees
Regular Meeting Agenda
Fraser Town Hall, 153 Fraser Avenue and Virtually
Wednesday January 20, 2021
6:00 PM - 9:00 PM
Members of the Board may have dinner together @ 5:30 p.m.
NOTE: Times are approximate and agenda subject to change
Due to COVID -19 social distancing requirements the Fraser Board Room will only allow for
participation of 5 people (not including Board and Staff). People with items scheduled on the
agenda will be admitted before any public, not on the agenda, until capacity is reached. All others
will have the opportunity to digitally attend the meeting with the information provided below.
Virtual Meeting Information https://us02web.zoom.us/j/86869854959
Meeting ID: 868 6985 4959
Phone 1 -346 -248 -7799
Roll Call
Approval Of Agenda
Executive Session
For a conference with the Water Attorney for the purpose of receiving legal
advice on specific legal questions under C.R.S. Section 24 -6 -402(4)(b).
For the purpose of determining positions relative to matters that may be
subject to negotiations, developing strategy for negotiations, and/or
instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e). Regarding
Project P.
Executive Session
For a conference with the Town Attorney for the purpose of receiving legal
advice on specific legal questions under C.R.S. Section 24 -6 -402(4)(b),
and for the purpose of determining positions relative to matters that may
be subject to negotiations, developing strategy for negotiations, and/or
instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e),
regarding development matters.
Executive Session
For a conference with the Town Attorney for the purpose of receiving legal
advice on specific legal questions under C.R.S. Section 24 -6 -402(4)(b),
and for the purpose of determining positions relative to matters that may
be subject to negotiations, developing strategy for negotiations, and/or
instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e), regarding
real estate matters.
Consent Agenda
Minutes December 09, 2020
TBM 2020 -12 -09.Pdf
Minutes December 15, 2020
TBM 2020 -12 -15.Pdf
Resolution 2021 -01 -01 Official Posting Location
Resolution 2021 -01 -01 Official Posting Location.pdf
Resolution 2021 -01 -02 Surety Reduction East Mountain Filing 11
Resolution 2021 -01 -02 Surety Reduction EMF 11.Pdf
Discussion And Possible Action Regarding
Cure Of Default Of Annexation Agreement For Rendezvous West
Mountain
TOF Attainable Housing Audit.pdf
Resolution 2020 -01 -03 Memorandum Of Understanding With
Mountain Family Center Drop Hunger
Resolution 2021 -01 -03 MOU With Moutain Family Center Drop Hunger
Fundraiser.pdf
MOU Mountain Family - Drop Hunger.pdf
Resolution 2021 -01 -04 Approving Purchase Agreement, Young
Resolution 2021 -01 -04 Approving Purchase Agreement.pdf
Purchase Agreement -Young.pdf
Open Forum
a) Business not on the agenda
(If you would like to request time on the agenda please contact the Town
Clerk, Antoinette McVeigh at 970 -726 -5491 ext. 201)
Updates
Adjourn
UPCOMING MEETING
WED. FEBRUARY 3, 2021 BOARD OF TRUSTEES
1.6:00 P.M.
2.
3.
4.
5.
6.
a.
Documents:
b.
Documents:
c.
Documents:
d.
Documents:
7.
a.
Documents:
b.
Documents:
c.
Documents:
8.
9.
10.
Board Staff
Direct : Define the service, product or value to
be delivered
Lead : Future focused planning
Protect : Establish the operational boundaries
to be respected by Staff and monitored by
the Board
Manage : Now focused policy and procedural
guidance to ensure on time, on budget, and on
target service delivery
Enable : Advocacy, resource development,
and role discipline
Accomplish : Ensure the work defined by the
direction of the Board of Trustees is accomplished
Board of TrusteesRegular Meeting AgendaFraser Town Hall, 153 Fraser Avenue and VirtuallyWednesday January 20, 20216:00 PM - 9:00 PMMembers of the Board may have dinner together @ 5:30 p.m. NOTE: Times are approximate and agenda subject to change Due to COVID -19 social distancing requirements the Fraser Board Room will only allow for participation of 5 people (not including Board and Staff). People with items scheduled on the agenda will be admitted before any public, not on the agenda, until capacity is reached. All others will have the opportunity to digitally attend the meeting with the information provided below.Virtual Meeting Information https://us02web.zoom.us/j/86869854959 Meeting ID: 868 6985 4959 Phone 1 -346 -248 -7799Roll CallApproval Of AgendaExecutive Session For a conference with the Water Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24 -6 -402(4)(b). For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e). Regarding Project P.Executive SessionFor a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24 -6 -402(4)(b), and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e), regarding development matters.Executive Session
For a conference with the Town Attorney for the purpose of receiving legal
advice on specific legal questions under C.R.S. Section 24 -6 -402(4)(b),
and for the purpose of determining positions relative to matters that may
be subject to negotiations, developing strategy for negotiations, and/or
instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e), regarding
real estate matters.
Consent Agenda
Minutes December 09, 2020
TBM 2020 -12 -09.Pdf
Minutes December 15, 2020
TBM 2020 -12 -15.Pdf
Resolution 2021 -01 -01 Official Posting Location
Resolution 2021 -01 -01 Official Posting Location.pdf
Resolution 2021 -01 -02 Surety Reduction East Mountain Filing 11
Resolution 2021 -01 -02 Surety Reduction EMF 11.Pdf
Discussion And Possible Action Regarding
Cure Of Default Of Annexation Agreement For Rendezvous West
Mountain
TOF Attainable Housing Audit.pdf
Resolution 2020 -01 -03 Memorandum Of Understanding With
Mountain Family Center Drop Hunger
Resolution 2021 -01 -03 MOU With Moutain Family Center Drop Hunger
Fundraiser.pdf
MOU Mountain Family - Drop Hunger.pdf
Resolution 2021 -01 -04 Approving Purchase Agreement, Young
Resolution 2021 -01 -04 Approving Purchase Agreement.pdf
Purchase Agreement -Young.pdf
Open Forum
a) Business not on the agenda
(If you would like to request time on the agenda please contact the Town
Clerk, Antoinette McVeigh at 970 -726 -5491 ext. 201)
Updates
Adjourn
UPCOMING MEETING
WED. FEBRUARY 3, 2021 BOARD OF TRUSTEES
1.6:00 P.M.2.3.4.5.
6.
a.
Documents:
b.
Documents:
c.
Documents:
d.
Documents:
7.
a.
Documents:
b.
Documents:
c.
Documents:
8.
9.
10.
Board Staff
Direct : Define the service, product or value to
be delivered
Lead : Future focused planning
Protect : Establish the operational boundaries
to be respected by Staff and monitored by
the Board
Manage : Now focused policy and procedural
guidance to ensure on time, on budget, and on
target service delivery
Enable : Advocacy, resource development,
and role discipline
Accomplish : Ensure the work defined by the
direction of the Board of Trustees is accomplished
Board of TrusteesRegular Meeting AgendaFraser Town Hall, 153 Fraser Avenue and VirtuallyWednesday January 20, 20216:00 PM - 9:00 PMMembers of the Board may have dinner together @ 5:30 p.m. NOTE: Times are approximate and agenda subject to change Due to COVID -19 social distancing requirements the Fraser Board Room will only allow for participation of 5 people (not including Board and Staff). People with items scheduled on the agenda will be admitted before any public, not on the agenda, until capacity is reached. All others will have the opportunity to digitally attend the meeting with the information provided below.Virtual Meeting Information https://us02web.zoom.us/j/86869854959 Meeting ID: 868 6985 4959 Phone 1 -346 -248 -7799Roll CallApproval Of AgendaExecutive Session For a conference with the Water Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24 -6 -402(4)(b). For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e). Regarding Project P.Executive SessionFor a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24 -6 -402(4)(b), and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e), regarding development matters.Executive Session For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24 -6 -402(4)(b), and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e), regarding real estate matters.Consent AgendaMinutes December 09, 2020TBM 2020 -12 -09.PdfMinutes December 15, 2020TBM 2020 -12 -15.PdfResolution 2021 -01 -01 Official Posting LocationResolution 2021 -01 -01 Official Posting Location.pdfResolution 2021 -01 -02 Surety Reduction East Mountain Filing 11Resolution 2021 -01 -02 Surety Reduction EMF 11.PdfDiscussion And Possible Action RegardingCure Of Default Of Annexation Agreement For Rendezvous West MountainTOF Attainable Housing Audit.pdfResolution 2020 -01 -03 Memorandum Of Understanding With Mountain Family Center Drop HungerResolution 2021 -01 -03 MOU With Moutain Family Center Drop Hunger Fundraiser.pdfMOU Mountain Family - Drop Hunger.pdfResolution 2021 -01 -04 Approving Purchase Agreement, Young
Resolution 2021 -01 -04 Approving Purchase Agreement.pdf
Purchase Agreement -Young.pdf
Open Forum
a) Business not on the agenda
(If you would like to request time on the agenda please contact the Town
Clerk, Antoinette McVeigh at 970 -726 -5491 ext. 201)
Updates
Adjourn
UPCOMING MEETING
WED. FEBRUARY 3, 2021 BOARD OF TRUSTEES
1.6:00 P.M.2.3.4.5.6.a.Documents:b.Documents:c.Documents:d.Documents:7.a.Documents:b.Documents:c.Documents:
8.
9.
10.
Board Staff
Direct : Define the service, product or value to
be delivered
Lead : Future focused planning
Protect : Establish the operational boundaries
to be respected by Staff and monitored by
the Board
Manage : Now focused policy and procedural
guidance to ensure on time, on budget, and on
target service delivery
Enable : Advocacy, resource development,
and role discipline
Accomplish : Ensure the work defined by the
direction of the Board of Trustees is accomplished
FRASER BOARD OF TRUSTEES
MINUTES
DATE:December 9, 2020
MEETING:Board of Trustees Special Meeting
PLACE:Fraser Town Hall Board Room and Virtually
PRESENT
Board:Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Andy
Miller, Brian Cerkvenik, Katie Soles, Parnell Quinn and Ryan Barwick
Staff:Town Clerk, Antoinette McVeigh; Marketing and Economic Development
Manager, Sarah Wieck; Finance Manager, Beth Williams; Public Works
Director Russell Pennington
Others:See attached list
Mayor Vandernail called the meeting to order at 6:00 p.m.
1.Rollcall: Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Andy
Miller, Brian Cerkvenik, Katie Soles, Parnell Quinn and Ryan Barwick
2.Approval of Agenda:
Trustee Soles moved, and Trustee Waldow seconded the motion to approve the
agenda. Motion carried: 7- 0.
3.Interim Town Manager Interviews:
a)Valerie Remington
b)Edward Cannon
c)Wesley LaVanchy
The Board conducted an interview of each of the candidates separately. Jon Stavney
assisted the town with the process.
4.Executive Session:
For the purpose of determining positions relative to matters that may be subject to
negotiations, developing strategy for negotiations, and/or instructing negotiators, under
C.R.S. Section 24-6-402(4)(e). Interim Town Manager
Including Finance Manager Beth Williams and Jon Stavney of Northwest Colorado
Council of Governments.
Trustee Waldow moved, and Trustee Miller seconded the motion to open the Executive
Session. Motion carried: 7-0.
Trustee Soles moved, and Trustee Waldow seconded the motion to close the Executive
Session. Motion carried: 7-0.
5.Discussion And Possible Action Regarding:
Page 2 of 2
a)Interim Town Manager Position
The Board directed Jon Stavney of NWCCOG to negotiate with the chosen candidate
and they will be announced on Thursday December 10, 2020.
6.Updates:
Board Retreat, first week of January
First Meeting of 2021, January 20
7.Adjourn:
Trustee Soles moved, and Trustee Miller seconded the motion to adjourn. Motion
carried: 7-0. Meeting adjourned at 9:35 p.m.
_____________________________
Antoinette McVeigh, Town Clerk
FRASER BOARD OF TRUSTEES
MINUTES
DATE:December 15, 2020
MEETING:Board of Trustees Special Meeting
PLACE:Virtually
PRESENT
Board:Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Andy
Miller, Brian Cerkvenik, Katie Soles, Parnell Quinn and Ryan Barwick
Staff:Town Manager, Jeff Durbin; Town Clerk, Antoinette McVeigh; Marketing
and Economic Development Manager, Sarah Wieck; Finance Manager,
Beth Williams
Others:Wesley LaVanchy
Mayor Vandernail called the meeting to order at 6:10 p.m.
1.Rollcall: Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Andy
Miller, Brian Cerkvenik, Katie Soles, Parnell Quinn and Ryan Barwick
2.Approval of Agenda:
No Action
3.Consent Agenda:
a)Minutes December 2, 2020
Trustee Soles moved, and Trustee Barwick seconded the motion to approve the
consent agenda. Motion carried: 7- 0.
4.Discussion And Possible Action Regarding:
a)Business Relief Funding
Trustee Barwick moved, and Trustee Miller seconded the motion to allocate $50,000
from the General Fund for the Business Enhancement Grant for the sole use of
Restaurants and Bars for funding of business operations assistance. This will be based
on the demonstration of need to be approved by staff Durbin, Weick and Williams. The
funds will be capped at $10,000 per business. Barwick amended the motion to include
this will be a one-page application. Trustee Miller seconded the amended motion.
Motion carried: 7- 0.
5.Updates:
Board Retreat, Third week of January 2021
Good bye Lunch for Jeff Durbin December 16
6.Adjourn:
Page 2 of 2
Trustee Soles moved, and Trustee Waldow seconded the motion to adjourn. Motion
carried: 7-0. Meeting adjourned at 7:00 p.m.
_____________________________
Antoinette McVeigh, Town Clerk
TOWN OF FRASER
RESOLUTION NO. 2021-01-01
A RESOLUTION DESIGNATING THE PUBLIC PLACE FOR POSTING NOTICES
WHEREAS,C.R.S.§24-6-402(2)(c)requires the Town to annually designate the public
place for posting notices to comply with the Colorado Open Meetings Law,C.R.S.§24-6-401,
et seq. (the "Open Meetings Law");
WHEREAS, consistent with House Bill 19-1087, the Town hereby desires to post notice
of the Town's public meetings not only in physical locations, but also on the Town's website as
the Town's official online presence to the greatest extent practicable; and
WHEREAS,Current law requires local governments to post notices of public meetings
required by the state open meetings law in physical locations.The act allows a local
government to post the notices on the local government's website.The notices are accessible to
the public at no charge.The notices shall be searchable,if feasible,by type of meeting,date
and time of meeting,and agenda contents.A local government that posts notices of public
meetings on its website may continue to post the notices in a physical location,but is not
required to do so.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO THAT:
1.Designation.The Board of Trustees of the Town of Fraser,in compliance with
C.R.S.§24-6-402(2)(c)of the Open Meetings Law,hereby designates the Town website at
www.frasercolorado.com as the official place for posting notices.The Town may additionally
post notices at Fraser Town Hall,located at 153 Fraser Avenue.If there is a known outage or
an emergency meeting,the Town may post a physical notice at the public entrance of the
Fraser Town Hall.
DULY MOVED, SECONDED AND ADOPTED THIS 20th DAY OF JANUARY, 2021.
Votes in favor: ___BOARD OF TRUSTEES OF THE
Votes opposed: ___TOWN OF FRASER, COLORADO
Abstained: ___
BY:
Mayor
ATTEST:
(S E A L)
Town Clerk
CORNERSTONE
ATTAINABLE HOUSING
PLAN AUDIT
December 2020
Page 1
INTRODUCTION & BACKGROUND
This Attainable Housing Audit was produced by Cornerstone Winter Park Holdings, LLC
(“Cornerstone”) in accordance with the Attainable Housing Plan approved by the Town of
Fraser (“Fraser”) utilizing data from the October 2019 report provided by Fraser and
estimating new home construction since that time pertaining to development in Rendezvous
and Grand Park. This report will be updated once year end home construction numbers are
available.
Cornerstone provided Fraser with an Attainable Housing Plan as specified in the
Annexation Agreement that was approved by the Town of Fraser Board of Trustees on
April 20, 2005 pursuant to the Town of Fraser Resolution No. 06-02-07 adopted on June
20, 2007 (“Cornerstone Attainable Housing Plan”) attached hereto as Exhibit A.
The Cornerstone Attainable Housing Plan sets forth the manner in which Fraser and
Cornerstone shall work together to provide 144 Attainable Housing Units. The schedule
shown in Figure 1 below establishes the proportionality of 144 attainable units relative to
the entitlements. Lodging Units and Commercial Square Footage Entitlements were
converted to a common single-family equivalency utilizing the Meurer & Associates water
master plan for the project to arrive at an overall single-family unit equivalency for the
Annexation Agreement entitlements to derive the ratio of Attainable Units to non-attainable
units of .0348:1.
Page 2
Figure 1
CORNERSTONE ATTAINABLE HOUSING PLAN
UNIT PROPORTIONALITY CALCULATION
GRAND PARK
Planning Area Avg. Density
Approx.
Acres
% Total
Area detached attached
Lodging
Units
Commercial
Sq. Ft.
1Wa 6.8 33.6 2.4%230 300 150,000
1Wb 9.3 4.3 0.3%40
2W 10.0 25.1 1.8%250 278 100,000
3Wa 9.8 11.2 0.8%110
3Wb 14.8 5.4 0.4%80
3Wc 5.1 11.7 0.8%60 30,000
4W 11.8 8.5 0.6%100 65,800
5W 5.9 16.9 1.2%100
6W 0.0 4.0 0.3%public site
7W 3.0 88.8 6.4%45 225
8W 2.8 50.1 3.6%63 75
9W 3.4 45.5 3.3%153 200 20,000
10W 2.8 42.6 3.1%118 350 30,000
11W 3.5 9.7 0.7%10 24 150
12W 5.9 15.6 1.1%92
13W 1.6 31.1 2.2%50
14W 2.4 49.6 3.6%117
15W*0.5 26.1 1.9%12
16W*0.9 102.5 7.4%90
17W*0.6 120.0 8.7%72
18Wa 0.6 23.2 1.7%14
18Wb 1.1 42.1 3.0%47
19W 5.0 35.9 2.6%86 93
20W 4.6 12.5 0.9%57
21W 2.1 23.6 1.7%50
22W 1.0 80.1 5.8%80
subtotal 2.8 919.7 66.3%686 1857
23W (golf / os)466.8 33.7%
TOTAL 1386.5 100.0%1278 395,800
RENDEZVOUS
Planning Area Avg. Density
Approx.
Acres
% Total
Area detached attached
Lodging
Units
Commercial
Sq. Ft.
East Mountain Filing 1 0.8 129.5 29.2%110
4E 136.95 30.9%
East Mountain- Filing 2
(6E)3.6 44.9 10.1%131 32
7E 4.1 22.6 5.1%41 52
9E 8.0 19.9 4.5%160
11E 6.3 9.6 2.2%60
12E 5.9 9.75 2.2%58 29,200
13E 14.0 4.3 1.0%60 130 15,000
14E 16.0 5.0 1.1%80 20,000
Linear Park 60.3 13.6%
Cozens Museum 0.5 0.1%
SUBTOTAL 342 442
TOTAL 443.3 100.0%130 64,200
Combined Density Totals 1,830 1,408 460,000
Single Family Equivalent of commercial and lodging unit entitlements 352 460
Residential Entitlements 3,327
Lodging Unit Equivalent (.25 per lodge unit)352 Calculated Using Meurer Master Plan EQRs per unit
Commercial Equivalent (1 per 1,000 s.f)460 Calculated Using Meurer Master Plan EQRs per unit
Units for Proportional Attainable Dev.4,139
Attainable Units 144
Attainable Unit proportionality 0.0348 per unit developed
3,327
Residential
2543
Residential
784
The Certificate of Occupancy issuance and building permit issuance data for development
completed and under construction to date at Grand Park as well as Rendezvous estimated
home completion was incorporated in the schedule shown in Figure 2 below. This
schedule establishes the Attainable Units which are in proportion to the developed units
Page 3
utilizing the ratio derived by the schedule in Figure 1 of 0.0348:1.
Figure 2
This schedule indicates 18.98 Attainable Units at year end 2020 meet the proportionality
provisions of the Cornerstone Attainable Housing Plan. This is based on completed
construction and building permit issuance for homes under construction in Grand Park.
The unit count for Rendezvous is estimated based on 2019 numbers increased by 10%.
Actual year end 2020 Certificate of Occupancy data will be obtained from Fraser and the
exact unit count in the schedule above can be updated.
Grand Park exceeds the Attainable Units proportionality by providing rental units to
residents living and working in the Fraser Valley meeting the Cornerstone Attainable
Housing Plan requirements. An additional seven Attainable Housing lots with final plat
approval pending are located on a portion of the adjacent Meyer Lot 2 parcel.
Figure 3 below includes a schedule that calculates Attainable Housing Units Provided by
Grand Park in accordance with the Cornerstone Attainable Housing Plan in 2020.
Figure 3
Page 4
More specific details of the provided Attainable Housing Units are included below:
1. Duplex located at 105 Carriage Road, Fraser, Colorado –5 bedrooms and 3.5 baths
in 4,188 s.f. of space. The combined heated living area of the two units is 2,680 s.f.
This rental duplex building qualifies as 5.36 units.
2. Condo at Winter Sage 207, Granby, Colorado – 2 bedroom 2 baths in 1096 s.f.
Lease expired June 30, 2020, units prorated. This rental condo qualifies as 1.10
units.
3. Condo at Winter Sage 208, Granby, Colorado – 3 bedroom 2 baths in 1,107 s.f.
Lease expired June 30, 2020. This rental condo qualifies as 1.11 units. Lease
expired June 30, 2020, units prorated.
4. Condo at Winter Sage 108, Granby, Colorado – 3 bedroom 2 baths in 1,107 s.f.
Lease expired July 31, 2020, units prorated This rental condo qualifies as 1.29 units.
5. 5 Deed restricted single family lots designated as Attainable Housing lots in the Elk
Creek Filing 3 subdivision. The Attainable Housing Units equivalency for these 5
single family vacant lots equals 7.5 units pursuant to the Cornerstone Attainable
Housing Plan.
6. Deed restricted single family lots designated as Attainable Housing lots on a portion
of Meyer lot 2 subdivision pending final plat approval. The Attainable Housing
Units equivalency for these 6 single family vacant lots equals 9 units pursuant to the
Cornerstone Attainable Housing Plan.
7. 337 Elk Ranch Rd, Fraser, Colorado – 4 bedroom 4 baths in 2,439 heated livable
square footage. This rental home qualifies as 4.88 units.
8. 341 Elk Ranch Rd, Fraser, Colorado – 4 bedroom 4 baths in 2,439 heated livable
square footage. This rental home qualifies as 4.88 units.
9. 347 Elk Ranch Rd, Fraser, Colorado – 4 bedroom 4 baths in 2,439 heated livable
square footage. This rental home qualifies as 4.88 units.
10. 601 S Zerex St, Fraser, Colorado Apartment 1 – 2 bedroom 2 baths in 1,116 heated
livable square footage. This rental apartment qualifies as 2.23 units, but was
completed in March of 2020 and prorated to 1.674 units for 2020.
11. 601 S Zerex St, Fraser, Colorado Apartment 2 – 2 bedroom 2 baths in 786 heated
livable square footage. This rental apartment qualifies as 1.74 units, but was
completed in March of 2020 and prorated to 1.30 units for 2020.
Cornerstone has been working diligently to design and evaluate various attainable housing
concepts. Including the following: 1. 60 Unit Deed Restricted apartment housing projects;
2. Twelve additional homes to be located in Elk Creek Filing 3 and a portion of Meyer Lot
2 on deed restricted lots; and 3. A 204 unit HUD apartment complex on planning area 2W.
All of these projects are in various design development and financial evaluation stages.
It is important to note the current business plan for Grand Park involves producing homes
that work well for the second homeowner but also accommodate the full-time resident.
The development program at Grand Park is one that melds full-time residents with second
home residents seamlessly due to the development plans, product designs, and price points.
This makes for vibrant, fun, social neighborhoods that also help to increase economic
development activity in the area.
Page 5
Today, there are more full-time families leaving in Grand Park than any other time in the
past. While these are not qualified units under the Attainable Housing Plan, it is supportive
of the fact Grand Park is a community comprised of both full time and second home
residents. It is the intention that Grand Park continue to grow this trend for the foreseeable
future.
The Cornerstone Attainable Housing Plan specifically provides that sufficient demand for
housing must exist prior to commencing development. Cornerstone’s design work and
ongoing evaluation of various projects is indicative of its commitment to finding a product
and project that has sufficient demand to justify commencing development.
The Cornerstone Attainable Housing Plan also provides Fraser will consider incentive
programs, modified development standards, and other regulatory approaches to facilitate
attainable housing costs, in addition to assisting with the involvement of other jurisdictions.
Cornerstone’s Attainable Housing mission is acknowledging the societal responsibility for
fostering housing affordability, to create an environment that preserves and produces
affordable homes for all residents, and to develop resources to fill the void between
production costs and housing consumers’ abilities to pay.
Cornerstone appreciates the vocal encouragement Fraser provides for the development of
attainable housing; however, more action is needed by Fraser to address its regulations,
permitting costs, and utility costs that are barriers to affordable home construction. Actions
speak louder than words and while there has been a lot of talk about affordable housing by
many of Fraser’s board members, there has been no actual housing created by the Town of
Fraser. Fraser’s cooperation, input, ideas, and assistance are needed in order to achieve
success with Cornerstone’s Attainable Housing mission which will in turn help to foster
economic and business development in our community.
TOWN OF FRASER
RESOLUTION NO. 2021-01-03
A RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN OF FRASER AND THE MOUNTAIN FAMILY CENTER
WHEREAS, the Mountain Family Center desires to use one of the Fishing Ponds for a
fundraiser called “Drop Hunger” which includes placing a refrigerator on a frozen fishing pound
and providing a raffle to guess what day the refrigerator will fall through the ice.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO THAT:
1.The Mayor is authorized to execute the attached memorandum of understanding
between the Town of Fraser and the Mountain Family Center.
READ,PASSED ON ROLL CALL VOTE,AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 20th DAY OF JANUARY, 2021.
Votes in favor: ___ BOARD OF TRU
Votes in favor: ___BOARD OF TRUSTEES OF THE
Votes opposed: ___TOWN OF FRASER, COLORADO
Abstained: ___
BY:
Mayor
ATTEST:
(S E A L)
Town Clerk
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into on the effective date indicated below
between the Town of Fraser, a Colorado municipal corporation (hereinafter “the Town”)
and the Mountain Family Center (hereinafter “MFC”).
WHEREAS, the Town is the owner of certain property described as Lot 5, Safeway
Fraser Marketplace (the “Town Property”), which is currently administered as public park
and open space land; and
WHEREAS, there are two ponds on the Town Property (the “Fishing Ponds”) that are
used for water storage by the Winter Park West Water and Sanitation District and are
also devoted to public recreational use; and
WHEREAS, the Town and Winter Park West Water and Sanitation District have an
intergovernmental agreement that details each entities responsibilities vis-à-vis the
ponds; and
WHEREAS, the Lions Club has helped facilitate the recreational used of the Fishing
Ponds by installing a parking area, signs, picnic benches and a fishing dock and by
periodically stocking the ponds with fish; and
WHEREAS, the MFC desires to use one of the Fishing Ponds for a fundraiser called
“Drop Hunger” which includes placing a refrigerator on a frozen fishing pond and
providing a contest to determine what day the refrigerator will fall through the ice.
IT IS THEREFORE UNDERSTOOD AND AGREED BETWEEN THE TOWN AND MFC,
AS FOLLOWS:
1. MFC will make every best effort to ensure safety from installation to retrieval of the
refrigerator and provide a liability and damages waiver to the Town before staging and
placing the refrigerator on the Fishing Pond.
2. Authorization to use the fishing ponds for the Drop Hunger event is subject to
approval from the Winter Park Ranch Water and Sanitation District and any additional
conditions they require.
3. Further authorization to use the fishing ponds for the Drop Hunger event is subject to
written correspondence from the East Grand Fire District stating their confirmed role in
the retrieval of the refrigerator in a timely fashion once the refrigerator has fallen through
the ice.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
4. MFC is ultimately responsible for the prompt retrieval and removal of the refrigerator
from the Fishing Pond. MFC agrees with these terms provided and will only proceed with
the Hunger Drop event once set terms are fulfilled.
The parties mutually agree to cooperate and undertake all steps reasonably necessary
to fulfill the intent and purposes reflected by this Memorandum of Understanding.
This Memorandum of Understanding is valid in perpetuity subject to termination by either
party, which termination may be accomplished by the giving of not less than ninety (90)
days written notice to the other party.
TOWN OF FRASER
________________________________________________________
Philip Vandernail, Mayor Date
ATTEST:
_________________________________
Antoinette McVeigh, Town Clerk
MOUNTAIN FAMILY CENTER
By:______________________________________________________
Date
Title:______________________________
TOWN OF FRASER
BOARD OF TRUSTEES
Resolution No. 2021-01-04
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT
FOR A DEED RESTRICTION PURSUANT TO THE FRASER DEED RESTRICTION
PROGRAM
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO, THAT:
1.The Fraser Board of Trustees has reviewed and hereby approves the Deed Restriction
Purchase Agreement between the Town of Fraser and Kelsey Young (“Owner”), a copy of
which is attached hereto and incorporated herein by reference.
2.The Mayor is authorized to execute such Purchase Agreement upon execution thereof by
the Owner, and Town staff and are thereupon authorized and directed to complete the
closing the of the purchase in accordance with such Purchase Agreement.
3.If such Purchase Agreement is not fully executed by all parties within 30 days from the date
hereof, this Resolution shall be rescinded and the authorization for execution of said
Purchase Agreement shall become null and void.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS _____ day of __________________________, 2021.
Votes in favor: ___BOARD OF TRUSTEES OF THE
Votes opposed: ___TOWN OF FRASER, COLORADO
Absent: ___
Abstained: ___BY:_____________________________
Philip Vandernail, Mayor
ATTEST:
( S E A L )
_______________________________
Antoinette, McVeigh, Town Clerk
Page 1 of 3
DEED RESTRICTION PURCHASE AGREEMENT
THIS DEED RESTRICTION PURCHASE AGREEMENT (the "Agreement") is
entered into this day of , 2021 (the "Effective Date") by and between the
Town of Fraser, Colorado, a Colorado municipality with an address of 153 Fraser
Avenue, P. O. Box 370, Fraser, Colorado 80442 (the "Town"), and Kelsey Young, an
individual with an address of PO Box 115, Fraser, CO 80442, ("Owner") (each
individually a "Party" and collectively the "Parties").
WHEREAS, Owner is purchasing the real property and the improvements
situated thereon, located at 101 Doc Susie Ave., #A3, Fraser, Colorado, and legally
described as Condominium Unit 3, Building A, The Divide at Forest Meadows , (the
"Property");
WHEREAS, Owner has agreed to place certain restrictions on the use and
occupancy of the Property for the benefit of the Town, as set forth in the Deed
Restriction Agreement dated , 2021, attached hereto and incorporated
herein as Exhibit A (the "Deed Restriction"); and
WHEREAS, the Deed Restriction is of value to the Town, and the Town is willing
to compensate Owner for the value of the Deed Restriction.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is mutually acknowledged, the
Parties agree as follows:
1. Conveyance. Owner agrees to convey, sell, transfer and assign to the Town, and
the Town agrees to purchase from Owner, on the terms and conditions of this Agreement,
the Deed Restriction.
2. Purchase Price. The purchase price for the Deed Restriction shall be $25,000.00
(the "Purchase Price"), delivered to Owner at closing in funds which comply with all
applicable Colorado laws, which include electronic transfer funds, certified check and
cashier's check, at the Town's option.
3. Closing. The closing will occur at a mutually agreeable location, at a date agreed
upon by the Parties within 14 days of the Effective Date.
4. Notice and Consent. Owner certifies that Owner has notified every person or
entity holding a lien or other encumbrance on the Property of the proposed purchase of
the Deed Restriction by the Town, and if necessary, obtained each of their consent to the
recording of the Deed Restriction against the Property and subordination of the lien or
encumbrance to the Deed Restriction. Should Owner not provide such notice or obtain
such consent, and Owner's failure to do so causes the Deed Restriction to become
unenforceable, invalid or void for any reason, Owner shall reimburse the entire Purchase
Price to the Town within 30 days of receipt of written notice from the Town.
Page 2 of 3
5. Owner's Representations and Warranties. Owner hereby represents and
warrants that the following statements are now, and will be as of the closing date, true
and correct, to the best of Owner's knowledge, and Owner shall give the Town prompt
written notice if any of the representations or warranties made by Owner in this Agreement
are no longer true or correct in any material manner:
a. There is no action, suit or proceeding pending, or to the best of Owner's
knowledge threatened, against or otherwise affecting Owner or the Property in any court
of law or equity, or before any governmental authority, in which an adverse decision might
materially impair Owner's ability to perform its obligations under this Agreement.
b. There is no pending or threatened condemnation or similar proceeding
affecting the Property.
6. Town's Remedies. In the case of any breach of this Agreement by Owner, the
Town may terminate this Agreement by written notice to Owner, and the Town shall have
all remedies available at law or equity for such breach. In addition to all other remedies,
in the case of a breach of this Agreement by Owner, the Town shall have the right to
recover the entire Purchase Price from Owner, in addition to all costs and fees, including
attorney fees, incurred by the Town.
7. Miscellaneous.
a. Entire Agreement. This Agreement and the Deed Restriction Agreement
contain the entire agreement of the Parties. There are no other agreements, oral or
written, and this Agreement can be amended only by written agreement signed by the
Parties.
b. Agreement Binding; Assignment. This Agreement, and the terms,
covenants, and conditions herein contained, shall inure to the benefit of and be binding
upon the heirs, personal representatives, successors, and assigns of the Parties.
c. Notice. Any notice under this Agreement shall be in writing and shall be
deemed sufficient when directly presented or sent pre-paid, first class United States Mail
to the Party at the address set forth on the first page of this Agreement.
d. Governing Law and Venue. This Agreement shall be governed by the laws
of the State of Colorado, and any legal action concerning the provisions hereof shall be
brought in Grand County, Colorado.
e. Severability. If any provision of this Agreement is found by a court of
competent jurisdiction to be unlawful or unenforceable for any reason, the remaining
provisions hereof shall remain in full force and effect.
f. Third Parties. There are no intended third-party beneficiaries to this
Agreement.
Page 3 of 3
g. Subject to Annual Appropriation. Consistent with Article X, § 20 of the
Colorado Constitution, any financial obligation of the Town not performed during the
current fiscal year is subject to annual appropriation, shall extend only to monies currently
appropriated, and shall not constitute a mandatory charge, requirement, debt or liability
beyond the current fiscal year.
h. Governmental Immunity. The Town and its officers, attorneys and
employees, are relying on, and do not waive or intend to waive by any provision of this
Agreement, the monetary limitations or any other rights, immunities or protections
provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as
amended, or otherwise available to the Town and its officers, attorneys or employees.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
Effective Date.
TOWN OF FRASER, COLORADO
Town Manager
ATTEST:
Town Clerk
OWNER
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was subscribed, sworn to and acknowledged before me
this day of , 2021, by ,
the above-named Owner.
My commission expires:
(S E A L)
Notary Public
Page 1 of 9
DEED RESTRICTION AGREEMENT
THIS DEED RESTRICTION AGREEMENT (referred to herein as the "Agreement"
or “Deed Restriction”) is entered into this day of _______________, 2021 (the
"Effective Date") by and between the Town of Fraser, Colorado, a Colorado municipality
with an address of 153 Fraser Avenue, P. O. Box 370, Fraser, Colorado 80442 (the "Town"),
and Kelsey Young, an individual with an address of PO Box 115, Fraser, CO 80442,
("Owner") (each a "Party" and collectively the "Parties").
WHEREAS, in exchange for compensation as set forth in a Deed Restriction
Purchase Agreement, Owner has agreed to place certain restrictions on the use of the
Property for the benefit of the Town by requiring occupancy of the Property by at least
one qualified resident, as defined below.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is mutually acknowledged, the
Parties agree as follows:
1. Property. The following real property is hereby burdened with the covenants and
restrictions specified in this Agreement: 101 Doc Susie Ave., #A3, Fraser, Colorado [address],
and more specifically described in Exhibit A.
2. Definitions. For purposes of this Agreement, the following terms shall have the
following meanings:
a. Person means a natural person and excludes any type of entity.
b. Principal Place of Residence means the home or place in which one's
habitation is fixed and to which one has a present intention of returning after a departure
or absence therefrom. To determine a person's Principal Place of Residence, the criteria
set forth in C.R.S. § 31-10-201(3) shall apply.
c. Qualified Household means one Qualified Resident or a group of persons
that contains at least one Qualified Resident. A Qualified Household may have occupants
that are not Qualified Residents as long as at least one occupant is a Qualified Resident.
d. Qualified Business means a business located within the boundaries of
Grand County, Colorado, as such boundaries may be amended from time to time, which
holds a valid and current business license, or pays sales taxes, or is otherwise generally
recognized as a legitimate business.
e. Qualified Resident means a person who works an average of 30 hours or
more per week at a Qualified Business. For example, if a person worked 60 hours per
week for one half of the year at such a Qualified Business and worked elsewhere for the
other half of the year, such person would constitute a Qualified Resident. To determine
that a person is a Qualified Resident, the Qualification Guidelines set forth in Exhibit B,
attached hereto and incorporated herein by this reference, shall apply. Once a person
Page 2 of 9
has been accepted as a Qualified Resident, such status shall not be lost due to any
temporary disability that prevents such person from meeting the 30-hour per week
employment requirement. Further, a person who has maintained his or her status as a
Qualified Resident for a continuous period of four (4) years or longer may retain such
status upon retirement from all employment, so long as such retirement continues.
f. Town means the Town of Fraser, Colorado, and its duly authorized agents.
3. Occupancy Restrictions.
a. At least one Qualified Resident shall continuously occupy the Property as
his or her principal place of residence.
b. Owner may rent the Property as long as the Property is continuously
occupied by a Qualified Household; provided, however, that the Property shall not be
used for rentals of less than 30 days in duration.
c. A Qualified Resident may lease a room or rooms in the Property to one or
more persons, provided that the Qualified Resident still occupies the Property as his or
her principal place of residence.
d. No business activity shall occur on or in the Property other than as permitted
within the zone district applicable to the Property.
4. Annual Verification. No later than February 1st of each year, beginning in the year
following the first year of occupancy of the Property, Owner shall submit a written
statement to the Town including the following information and stating that such
information is true and correct to the best of Owner's knowledge and belief:
a. Evidence to establish that the Property was occupied by a Qualified
Household during all of the prior calendar year;
b. If applicable, a copy of the lease form currently used for the Property; and
c. If applicable, a list of tenants who occupied the Property in the prior calendar
year and the evidence submitted by each tenant to establish that they were a Qualified
Resident, as set forth in the Qualification Guidelines.
5. Consent for Information. Owner agrees to provide, upon request of the Town, all
documents and information necessary for the Town to establish continued compliance
with this Agreement as amended from time to time. Documents may include but are not
limited to federal and state income tax returns, W2’s, 1099’s, bank and credit card
statements, release forms for employment and tax information, and invoices for utility
payments. The Town shall maintain the confidentiality of financial information provided
by or obtained concerning Owner, subject to the requirements of the Colorado Open
Records Act, CRS §§ 24-72-201 et seq., and except for such disclosures as are
necessary with respect to any litigation, enforcement, or other legal proceedings.
Page 3 of 9
6. Fines. The Town may impose fines for violations of the restrictions provided in
this Agreement, which fines shall be in accordance with the fine schedule attached hereto
as Exhibit C.
7. Consensual Lien; Right to Redeem. For the purpose of securing Owner’s
performance under the Deed Restriction and creating in favor of the Town a right to
redeem in accordance with Part 3 of Article 38 of Title 38, C.R.S., as amended, Owner
hereby grants to Town a consensual lien on the Property.
8. Town's Option. Owner shall first notify the Town if Owner wishes to sell the
Property. The Town shall have the first option to purchase the Property for the price and
upon the terms contained in a bona fide written purchase offer that Owner desires to
accept.
9. Breach.
a. It is a breach of this Agreement for Owner to violate any provision of this
Agreement, or to default in payment or other obligations due to be performed under a
promissory note secured by a first deed of trust encumbering the Property. Owner shall
notify the Town, in writing, of any notification received from any lender of past due
payments or defaults in payments or other obligations within 5 days of receipt.
b. If the Town has reasonable cause to believe Owner is violating this
Agreement, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday, after providing Owner with 24 hours written notice. This
Agreement shall constitute Owner's permission to enter the Property during such times
upon such notice.
10. Remedies.
a. The Town shall have any and all remedies provided by law and in equity for
a violation of this Deed Restriction, including without limitation: (i) damages; (ii) specific
performance; and (iii) injunctions, including without limitation an injunction requiring
eviction of the occupant(s) and an injunction to prohibit the occupancy of the Property in
violation of this Deed Restriction. In addition, fines may be imposed for violations as
provided in Exhibit C. All remedies shall be cumulative.
b. The cost to the Town of any activity taken in response to any violation of
this Deed Restriction, including reasonable attorney fees, shall be paid promptly by
Owner.
11. Foreclosure.
a. In the event of a foreclosure, acceptance of a deed-in-lieu of foreclosure, or
assignment, this Agreement shall remain in full force and effect.
Page 4 of 9
b. Owner shall give immediate notice to the Town: of any notic e of foreclosure
under the first deed of trust or any other subordinate security interest in the Property; or
when any payment on any indebtedness encumbering the Property is required to avoid
foreclosure of the first deed of trust or other subordinate security interest in the Property.
c. Within 60 days after receipt of any notice described herein, the Town may
(but shall not be obligated to) proceed to make any payment required to avoid foreclosure.
Upon making any such payment, the Town may place a lien on the Property in the amount
paid to cure the default and avoid foreclosure, including all fees and costs resulting from
such foreclosure.
d. If the Property is sold at a foreclosure sale or acquired by any person or
entity in lieu of foreclosure, the Town has the option to acquire such Property within 30
days after: i) the issuance of a confirmation deed to the purchaser, or ii) receipt by the
Town of written notice from such person or entity of the acquisition of such property in
lieu of foreclosure, as applicable, for an option price not to exceed: iii) in the event of a
foreclosure, the redemption price on the last day of all statutory redemption periods and
any additional reasonable costs incurred by the holder during the option period which are
directly related to the foreclosure, or iv) in the event of a transfer in lieu of foreclosure, the
amount paid, or the amount of debt forgiven, by the transferee plus the reasonable costs
incurred by the transferee with respect to its acquisition of such Property.
12. Miscellaneous.
a. Modification. This Agreement may only be modified by subsequent written
agreement of the Parties.
b. Integration. This Agreement and any attached exhibits constitute the entire
agreement between Owner and the Town, superseding all prior oral or written
communications.
c. Runs with the Land. The benefits and obligations of the Parties under this
Agreement shall run with the land, and Owner's obligations hereunder shall be binding
on any subsequent holder of an ownership interest in the Property.
d. Severability. If any provision of this Agreement is determined to be void by
a court of competent jurisdiction, such determination shall not affect any other provision
hereof, and all of the other provisions shall remain in full force and effect.
e. Governing Law and Venue. This Agreement shall be governed by the laws
of the State of Colorado, and any legal action concerning the provisions hereof shall be
brought in Eagle County, Colorado.
f. Agreement Binding; Assignment. This Agreement, and the terms,
covenants, and conditions herein contained, shall inure to the benefit of and be binding
upon the heirs, personal representatives, successors, and assigns of the Parties.
Page 5 of 9
g. Third Parties. There are no intended third-party beneficiaries to this
Agreement.
h. No Joint Venture. Notwithstanding any provision hereof, the Town shall
never be a joint venture in any private entity or activity which participates in this
Agreement, and the Town shall never be liable or responsible for any debt or obligation
of any participant in this Agreement.
i. Notice. Any notice under this Agreement shall be in writing and shall be
deemed sufficient when directly presented or sent pre-paid, first class United States Mail
to the Party at the address set forth on the first page of this Agreement.
j. Recording. This Agreement shall be recorded with the Grand County Clerk
and Recorder.
k. Savings Clause. If any of the terms, covenants, conditions, restrictions,
uses, limitations, obligations or options created by this Agreement are held to be unlawful
or void for violation of: the rule against perpetuities or some analogous statutory
provision; the rule restricting restraints on alienation; or any other statutory or common
law rules imposing like or similar time limits, then such provision shall continue only for
the period of the lives of the current duly elected and seated members of the Fraser Board
of Trustees, their now living descendants, if any, and the survivor of them, plus 21 years.
l. Governmental Immunity. The Town and its officers, attorneys and
employees, are relying on, and do not waive or intend to waive by any provision of this
Agreement, the monetary limitations or any other rights, immunities or protections
provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as
amended, or otherwise available to the Town and its officers, attorneys or employees.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
Effective Date.
TOWN OF FRASER, COLORADO
Mayor
ATTEST:
Town Clerk
OWNER
STATE OF COLORADO )
Page 6 of 9
) ss.
COUNTY OF __________ )
The foregoing instrument was subscribed, sworn to and acknowledged before
me this day of , 2021, by Kelsey Young, as the owner of the
Property located at 101 Doc Susie Ave., #A3 , Fraser, Colorado 80442.
Witness my hand and official seal.
My commission expires:
Notary Public
(S E A L)
Page 7 of 9
EXHIBIT A
LEGAL DESCRIPTION
Condominium Unit 3, Building A, The Divide at Forest Meadows, located in the Town of Fraser,
County of Grand, State of Colorado.
Page 8 of 9
EXHIBIT B
QUALIFICATION GUIDELINES
1. Purpose. The purpose of these Qualification Guidelines is to set forth the
occupancy requirements for the Property pursuant to the Deed Restriction.
2. Definitions. All capitalized terms herein shall have the meanings set forth in the
Deed Restriction.
3. Application. To become a Qualified Resident, a person must provide the following
information:
a. Verification (e.g., wage stubs, employer name, address, telephone number
and other appropriate documentation) of the person's current employment with a
Qualified Business;
b. Evidence that the applicant has worked, or will work, an average of 30 hours
per week or more per year for one or more of such Qualified Businesses;
c. A valid form of identification, such as a driver's license, state-issued
identification, passport or military identification; and
d. A signed statement certifying and acknowledging that all information
submitted in such application is true to applicant's best knowledge and authorizing
verification of all information submitted.
Page 9 of 9
EXHIBIT C
FINE SCHEDULE
The Town may impose fines for violations of the Deed Restriction in accordance
with the following schedule:
1. First violation: $100.00;
2. Second violation: $250.00;
3. Third and subsequent violations: $500.00.
Prior to imposing a fine, the Town shall give notice to Owner of the violation and
the fine to be imposed, and shall allow Owner 15 days from the date of the notice to either
cure the violation or respond in writing contesting the violation or fine and requesting a
hearing before a hearing officer appointed by the Town. If no hearing is requested and
the violation is not satisfactorily cured within said 15-day period, then the violation
identified in the notice and the fine imposed shall be deemed final. If a hearing is
requested, the hearing officer appointed by the Town shall give notice of the time and
place of the hearing, and the determination of the hearing officer regarding the violation
and fine shall be final.
Unless a contest is filed, Owner shall pay all fines imposed by the Town within 15
days after notification is sent by the Town, and any amounts not paid within such time
shall bear interest at the rate of 1% per month, compounded monthly, until paid in full.
The imposition of a fine shall not preclude the Town from pursuing any other
remedy for a violation of the Deed Restriction.
The Town may increase the amount of the fines set forth in the above schedule for
each violation by an amount not to exceed 5% each year during the time this Agreement
is in effect. If the fines are so increased, the Town shall provide written notice to Owner
at least 30 days prior to the effective date of such increase.