HomeMy Public PortalAboutTBP 2021-07-07 '17
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Board of Trustees
Regular Meeting Agenda
Fraser Town Hall, 153 Fraser Avenue and Virtually
Wednesday July 7, 2021
7:00 PM- 9:00 PM
NOTE: Times are approximate and agenda subject to change
Watch the meeting live on Fraser's YouTube Channel
https://www.voutube.com/channel/UCs5aHnl7d-kkOi 1 cxV28DSa
Participate in the meeting through our virtual platform
Zoom Meeting Information
https://us02web.zoom.us/i/2590408013
Meeting ID:259 040 8013
Phone 1 -346-248-7799
1. 7:00 ire. Roll Call
2. Approval Of Agenda
3. 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
Conservation Easement
4. 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
Economic Inducements
5. Executive Session
For discussion of a personnel matter under C.R.S. Section 24-6-402(4)(f)(1)
and not involving any specific personnel who have requested discussion of the
matter in open session, 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 Town Attorney.
6. Consent Agenda
a. Minutes June 16, 2021
Documents:
16, 2()21JPdf
b. Notice Of Resolution 2020-10-05 Regarding Deed Of Conservation
Easement
Documents:
NIOUC(': Of No 2020-1r,") ()Ei Nth
7. Discussion And Possible Action Regarding
a. Grand Kids Funding Request
Documents:
C;Oard I eairriin(,3 I LAIFI(JI'IngI:Reques� Merno ,mJf
-EISEN
0 W 1r) 0 f F� I r rorn r,,'4'and KJd°., II (,.�anrdincl) (;einteir pdf
b. KFFR Funding Request
Documents:
1<[TIR Fujncfinij
own Of ra-;;er FRequest IFrorn K['r pCH
c. Grand County EMS Mill Levy
d. Fraser Valley Parkway Bypass Letter Of Support
e. Special Use Permit For Cornerstone Concrete Batch Plant
Documents:
'7 "I.JFIdif
11 owin (N Fras(,.n Aincl o rri ii nrots (,°s30-21 Fldf
f. Resolution 2021 07-01 Professional Services Agreement With
CORE
Documents:
1 &aflIR(,',�1::)4,:.r0 - F"[-WA, Mappnq,pdi�
Rl,(.soh.jfioin 2()21 07 411 Oth (':�GIR11111: p(H
< a:xipe A,nd pdf
g. United Business Bank Update Approved Signers
Documents:
Rl,�.�soh.jfioin 2()15 03 02 �-kcH
8. 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)
9. Updates
a. Town Manager Update
Documents:
11 N4 h.,Hv '7 l2112 1.
b. Committee Minutes
Documents:
FIC,�M 21)21 ()5 26 �-kcH
10. Adjourn
UPCOMING MEETING
WEDNESDAY JULY 21, 2021 BOARD OF TRUSTEES
Board Staff
Lead: Future focused planning
Direct: Define the service, product or value
to be delivered
Protect: Establish the operational Manacie: Now focused policy and procedural
boundaries to be respected by Staff and guidance to ensure on time, on budget, and on
monitored by the Board target service delivery
Enable:Advocacy, resource development, Accomplish: Ensure the work defined by the
and role discipline direction of the Board of Trustees is accomplished
FRASER BOARD OF TRUSTEES
MINUTES
DATE: June 16, 2021
MEETING: Board of Trustees Regular Meeting
PLACE: Fraser Town Hall Board Room and Virtually
PRESENT
Board: Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Andy
Miller, Katie Soles, Parnell Quinn and Kaydee Fisher
Staff: Interim Town Manager Wesley LaVanchy; Town Clerk, Antoinette
McVeigh; Marketing and Communications Manager, Sarah Wieck;
Assistant Town Manager, Michael Brack; Public Works Director, Russell
Pennington; Town Planner, Catherine Trotter
Others: See attached list
Mayor Vandernail called the meeting to order at 7:00 p.m.
1. Rollcall: Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Andy
Miller, Katie Soles, Parnell Quinn and Kaydee Fisher
2. Approval of Agenda:
Trustee Miller moved, and Trustee Soles seconded the motion to approve the agenda.
Motion carried: 6-0.
3. Consent Agenda:
a) Minutes June 2, 2021
b) Resolution 2021-06-04 Fraser Valley Metropolitan Recreation District
Intergovernmental Agreement
Trustee Soles moved, and Trustee Waldow seconded the motion to approve the
consent agenda. Motion carried: 6-0.
4. Discussion and Possible Action Regarding_
a) Ordinance 484 Dissolution of Water Wastewater Committee
No motion, ordinance fails
b) Thank You to The Water Wastewater Committee
The Board thanked the Water Wastewater Committee for their time and expertise The
members were given plaques in appreciation.
C) Xcel Energy Update
Page 2 of 2
Xcel Energy will not be able to provide new service to any homes in Fraser and Winter
Park until the earliest December 2022. If a new or existing home or development has a
contract with Xcel, they will provide gas per there contract. There will be compression
trucks brought in to the Fraser area to provide additional gas as necessary. The town will
work to get any necessary permits in place for the trucks.
New service lines will have to be installed to meet the demand for new homes and
developments. Xcel will be working with the Forest Service for the permits necessary to
install the new lines.
The town will help to facilitate any communication with the residents to keep them
informed of the progress.
d) 2020 Audit
Trustee Miller moved, and Trustee Soles seconded the motion to approve the 2020
Audit. Motion carried: 6-0.
5. Open Forum:
a) Virtual Meeting Update
The staff will bring an updated virtual meeting policy back to the Board at a future
meeting.
6. Updates
a) Trustee Waldow, Regional Housing Authority, Funding Requests and Conservation
Easement
b) Trustee Miller, Cozens Open Space bathrooms, summer trail and sledding hill
c) ITM LaVanchy Fraser Valley Parkway Update
d) ATM Brack Electric Vehicle Ready, CML Executive Board vote, Town Cleanup
7. Adjourn:
Trustee Soles moved, and Trustee Miller seconded the motion to adjourn. Motion
carried: 7-0. Meeting adjourned at 8:51 p.m.
Antoinette McVeigh, Town Clerk
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NOTICE OF RESOLUTION NO. 2020-10-05
A RESOLUTION REGARDING DEED OF CONSERVATION EASEMENT
On October 7, 2020, the Board of Trustees of the Town of Fraser adopted Resolution No. 2020-
10-05, attached hereto as Exhibit A, and recorded on October 20, 2020 at Reception No.
2020009931, which Resolution declared that the Deed of Conservation Easement granted by
Grand Park Development LLC to the Town of Fraser, and recorded on March 4, 2020 at
Reception No. 2020001847, attached hereto as Exhibit B, was wholly invalid, unenforceable and
null and void as more fully set forth in such Resolution.
Executed this day of 12021.
BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO
By:
Philip Vandernail, Mayor
ATTEST:
By:
Antoinette McVeigh, Town Clerk
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2021, by Philip Vandernail as Mayor and Antoinette McVeigh as Town Clerk of the
Town of Fraser, Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
'_152425.1
EXHIBIT A
Resolution No. 2020-10-05
See Attached.
'_152425.1
RE[EPTZON#: 2020009931 , 10/20/2020 at 04 : 03:30 PM, 1 OF 3, 8$23'00, , , Sara L.
Roseoe, Grand County Clerk and Recorder, Colorado
TOWN OFFRASER
RESOLUTION NO. 2O2O-1O-05
ARESOLUTION REGARDING DEED OFCONSERVATION EASEMENT
BE [TRESOLVED 8YTHE BOARD OFTRUSTEES OFTHE TOWN OFFRAGER. THAT:
1\ The Board finds and determines that:
/a\ The provisions of the Rendezvous Planned Development District Plan recorded at
Reception No. 2UO3'O16735(the''2003PDD Plen''). the Grand Park Planned
Development District Plan recorded atReception No. 2O05-01270Q (the''2005PDD
P|an"). and the Amended and Restated Annexation Agreement for the Rendezvous
Property recorded at Reception No. 2003-0167333, as amended by the instrument .
recorded at Reception No. 2005-012708 of the Grand County, Colorado records (the
"2003 Annexation Agreement"), require that the open space parcels designated on the
2003 PDD Plan as Elk Creek Meadow and Cozens Meadow be placed in a conservation
easement, subject to agreement with Fraser regarding the use and maintenance of such
areas and the location and description of such areas consistent with the 2003 PDD Plan
(the"Elk Creek-Cozens Meadow Conservation EooemenC').
(b) Pursuant to Resolution 2015-07-03, granting approval of the Final Plan and Final Plats for
Elk Creek Filings 1 and 2otGrand Park,the Board of Trustees included a provision
which read: "The Board of Trustees authorizes the Town Manager and Town Attorney to
negotiate the final terms ofthe conservation easement and tnauthorize appropriate Town
officials to accept and execute such easement upon approval of the terms thereof by the
Town Manager and Town/N±onney.^ Such provision was inreference tothe Elk Creek-
Cozens W1eadmwConomrvationEosement.
(u) On or about March 3, 2020,a Deed of Conservation Easement was signed by C. Clark
Lipscomb on behalf of Grand Park Development LLC, and by Philip Vandernail on behalf
of the Town of Fraser,which Deed was subsequently recorded at Reception No.
2O2O0O1847ofGrand County records. Byits terms, such Deed ufConservation
Easement purported to be in"full satisfaction"of the conservation easement requirements
of 2003 Annexation Agreement, but the Cozens Meadow parcel was not included in such
Deed. Upon information and belief, Grand Park Development LLC iathe successor in
title to Cornerstone Winter Park Holdings LLC in the ownership of the Elk Creek Meadow
and Cozens Meadow properties and isbound bythe terms ofthe 20O3Annexation
Agreement and related PDD Plans.
(d) The terms of said March 3,2020 Deed of Conservation Easement did not comply with the
requirements of the 2003 Annexation Agreement and the related PDD Plans and it was
not executed in conformance with the requirements of said Resolution 2015-07-03
because the terms thereof were not approved and its execution was not authorized by the
Town Attorney.
(2) Therefore, the Board of Trustees hereby declares that said March 3, 2020 Deed of Conservation
Easement is wholly invalid, unenforceable and null and void, and it does not satisfy the requirements
of the 2003 Annexation Agreement and related PDD Plans with respect to the Elk Creek-Cozens
Meadow Conservation Easement, in whole or in part, nor does it fulfill the obligations of Cornerstone
Winter Park Holdings LLC orGrand Park Development LLC with regard tosuch requirements. The
Board further declares that said requirements for the grant of the Elk Creek-Cozens Meadow
RECEPTZON#: 2020009931 , 10/20/2020 at 04 : 03:30 PM, 2 OF 3, Sara L. Buseoe, Grand
County Clerk and Recorder, Colorado
Conservation Easement remain as binding, unfulfilled obligations ofCornerstone Winter Pork
Holdings LLC and Grand Park Development LLC and the Town ofFraser will enforce those
obligations.
DULY MOVED, SECONDED,AND ADOPTED THIS 7 DAYO 2020.
Votes|nfavor: 0 BOARD OF TRUSTEES OF�HE
Votes opposed:
Abstained: -
Absent 0
Mayof
OF
ATTEST:
Town Clerk
OS',0640RAOO
RECEPTION#: 2020009931 , 10/20/2020 at 04 : 03:30 PM, 3 OF 3, Sara L. Rosene, Grand
County Clerk and Recorder, Colorado
CERTIFICATION
The undersigned, Antoinette McVeigh, Town Clerk for the Town of Fraser, Colorado, does
hereby certify that the above is a true and correct copy of a resolution duly adopted by the
Fraser Board of Trustees at a regular meeting duly convened on October 7, 2020.
(Signature)
(SE NOF
SEAL
cps ORADO
EXHIBIT B
Deed of Conservation Easement
See Attached.
15?415.1
RECEPTIONM 20200018!47,03104120�20 at 03:01:10 PM
11 OF 35, R$183.0t1,
Sara L. Rosene, Grand County Clerk,Colorado
DRED OF CONSERVATION EASEMENT
ITHS DE'ED OF CONSERVATION EASEMENT is granted this (fay of
2020 by GRAND PARK DEV ELOPMENT'Ll,X, a Col'orMadra limited liability
company on behalf'of itselfand its personal' representatives, heirs, successors and assigns(collectively
the "'GRANTOR"), to and for the benefit of the TOW:? 0F FRASYR and its successors and assigns
(the "GRANTEE"') for the purpose of forever conserving the open space character,agriCUltUl-al
productivity, recreational attributes, wildlife habitat and scenic qUIlitiCS' of the sul)ject property.
'rhe fiollmving Exhibits are attached hereto and made as pail of this Conservation Fasenient:
Exhibit A., 1:3,and C- Legal Descriptions ol"the Property
RECTIALS:
A" Cil AN'FOR is the sole owner in fee sirriple of certain real property located in,Grand
County, Colorado,consisting of 17,72 acres of land. more or lless,more particularly described in Exbibit
A
,,E xhibit B,, and Exhibit 'attached fieretoand incorporated herein by this reference(collectively, the
"Property"),
B. The property flossesses wetlands, wildlife habitat, natural, scenicand open space, values
(CDHeCfiVely,"COUSel-VatiOU Values") of great,importance to the GRANTOR,GRANTEE,the,people of'
the State of Colorado, and the people of the United States,, Which are worthy of preservation. The
Property has significant ecological and open space values as defined in C.R,& § 38-30.5-101,et seq., and
provides natural habitat for native plants and anlrnaK The Property also has values as indicated by the
following governmental conservation policies arid the preservation of this Property as described in this
Easernent,will yield significatit public benefit:
C.R.& § :3:3-1-101,et seq., which provide in part that"it is the declared policy ofthe State of
Colorado that the wildlife and their environment are to be protected,preserved.,enhanced, and managed
fOrthe rase, benefit, and enjoyment of the people of[his state and its, visitors,"
CR.S. §43-1-401,et seq., the Colorado Department ofTransportadonstatutes, NvNch provide that
the preservation and enhancement of the natural and scenic bca.uty of this state is a matter C&SUbstalifial
stale interest.
C. In particular, the Property possesses a tributary wawE
teray - lk Creek and riparian
habitat.
D. The CiRANTOR intends drat the Conservation Values of the Property be preserved and
maintained Forever by the continuation of current and proposed land use patterns including, without
firnitation, those relating to: ranching,and farming activities; low inipact recreation use, such as hiking,
cross country skiing, fishing, lwuflug,equestrian Uses,golf, mount.<ain biking, picnicking and other similar
arses; the extension of underground utilities, drainage and detenflon facilities;water storage facilities; all
approvals and improvements associated with the development of Elk ( S
''reek subdivision (e.g., roads,
trails, infrasiruCtUrO); aCCCSsory buildings and structures incidental to the foregoing uses!: those rights set
t6rth in the A ninexation Agreement; and general access, as defined in thiis, Fasernent;together with
grading,grubbing, excavation, construction and operation of the i rn prove rne nts incidental to the activities
and uses listed above (collectively, the "Perwitted Uses") which the GRANTEE acknowledges and
agrees do not significantly impair or interfere with the Conservation Values,
I
E. The GRANTOR further intends,,as owner of the Property,to convey to the G RA NTEE
the right to preserve and protect in perpetuity, as provided for herein,the Conservation Values of the
Property,
'File GRANTEE agrees by accepting this grant to honor the intentions of GRANTOR
stated herein and to preserve and protect in perpetuity the Conservation Values of the Property for the
benefit of this generation and the generations to come.
G. The GRANTOR is making this grant in full satisfaction of the conservation casement
requirements of the Amended and Restated Annexation,Agreement for Grand Park, formerly known as
tile Rendezvous Property(the"Annexation Agreement")recorded in the records,of Grand County at
reception no, 2003-0167333 on, 12/301/20013, as amended,
H. The State of Colorado has recognized the importance of private efforts,toward the
preservation Of natural systems in the State by the enactment of C.R.S. § 38-30.5-101' cu seq.
L The GRANTEE is a municipal' corporation of the State of Colorado. The Property is
within the corporate boundary of the GRANTEE. GRANTEE desires to preserve, protect and enhance
the natural,scenic, agricultural,,, recreational, historical, open space and community resources of the area
in which the Property is located,
J. The Board of Trustees of the GRANTEE has duly adopted a resolution approving the
execution, and acceptance of GRANTOR's full donation, of this Conservation Easement,
NOW. THFREFORE, in consideration of the above Recitals,which are:material terms of this
Easement and not mere Recitals, and the mutual covenants,terms, conditions, and restrictions contained
herein, and pursuant to the laws of the State of Colorado, and in particular C.R.S. §38-30.5-1 01 et seq.,
GRANTOR hereby voluntarily grants and conveys,to the GRANT14F, its successors and assigns, a
Conservation Easement in perpetuity,consisting of the rights and restrictions enurnerated herein,over and
across,the Property(the"Easement").
I. Purpose.
It is the purpose of this Elasernent to assure that the Property will remain forever in its natural,
agricultural, scenic,recreational and open space condition, sub.iect to the uses of the Property permitted
hereunder, including the Permitted Uses, and to prevent any LISC Of the Property that will significantly
impair or interfere with the Conservation Values of the Property arid, in the event oftheir degradation or
destruction,to restore such Conservation Values of the Property. It is further the specific purpose of this
Easement to conserve important habitat for wildlife,meadow, and riparian vegetative communities and
the wildlife inhabiting these communities. Furthermore, it is also the purpose of this Easernent to remove
the right to develophousing on the Property as lirnited herein, and to preserve the ecology of the land.
GRANTOR intends that this Easement will confine the use of the Property to activities such as the
Permitted Uses, which are consistent with the purpose of this Fasement. Pursuant to the terms of C.R.S.
§38-3M-101 et seq.,the Property preserved hereby may not be converted or directed to any other uses
other than those planned for the Property and/or provided herein.
2. Rights of the GRANTEE.
'to accomplish the purpose of this, L"I'asernent, GRANTOR conveys the following rights,to the
GRANTEE by this Easement:
2
(ci) The right to preserve and protect in perpetuity, and in the event of their degradation or
destruction,to restore,the Conservation Values of the Property, to their condition prior to the degradation
or destruction;
(b) To enter upon the Property at reasonable times to monitor GRANTOR's compliance with
arid,: if necessary,to enforce the terms of this Easement; provided that such entry Shall be upon prior
reasonable notice to GRANTOR, and GRANTEE shall not unreasonably interfere with GRANTOR's use
and quiet enjoyment of tile Property;
(c) Tile right to prevent any activity on or use of the Property that is inconsistent with the
purpose of this Easement, or which may be reasonably expected to have a material adverse impact on the
Conservation Values of the Property, and to require the restoration of such areas or features of the
Property that are materially damaged by any inconsistent activity or use except as provided in Paragraph
1, herein; and'
(d) 'File right to place and maintain on the perimeter of the Property a sign,as appropriate,
indicating that a conservation easement is held by the GRANTEE oil the Property. The size of the sign
and tile location, design and content of such shall be determined through mutual agreernent of the
GRANTOR and the:GRANI"TE.
(e) The right to take photographs of the Property, tile right to identify the location of the
conservation easement on maps and other materials and the right to use the maps, materials and
photographs for mapping projects, presentations on land conservation and for protecting open space,
alone or in conjunction with other organizations.
3. Consistent Uses of the Property.
The Permitted Uses and related activities and practices,by GRANTOR,though not an exhaustive
recital, are consistent with the Easernent.
4. Prohibited Uses.
Any activity on or use Of the Property other than the permitted uses or uses consistent with the
permitted uses is prohibited.
5. Reserved Rights.
GRANTOR reserves to itself and to,its personal representatives,,heirs, successors,and assigns, all
rights accruing frorn their OWTICTship of the:Property,, including the right to subdivide the Property, the
right to Permitted Uses,and the right to engage in or permit or invite others to engage in alll uses of the
Property that are not expressly prohibited herein, and are not inconsistent with the purpose of this
F"ascinant.
6. Notice of Intention to Undertake Certain Permitted Actions.
'HIC purpose of requiring GRANTOR to notify the GRANTEE prior to undertaking certain
permitted activities, as identified herein, is to afford the GRANTEE an Opportunity to ensure that the
activities in question are designed and carried Out in a manner consistent with the purpose of this
T"ascrilctit. Whenever notice is required, GRANTOR shall notify the GRANTEE in writing not less,than
forty-five(45)days prior to the date GRANTOR intends to undertake the activity in question, Unless a
different time period for the giving of notice is provided as to the activity in question. The notice shall
3
describe the nature,scope, design, location, timetable, and any other material aspects of the proposed
activity in: sufficient detail to permit the GRANTEE to make an inforinedjUdgment as to its consistency
with the purpose of this Easement.
7. The("Y'RANTEE's Approval.
In the event this Fasernent requires that GRANTOR,obtain the GRANTRE's,approval ofany
activity an or use of the Property, such approval shall not be unreasonably withheld or delayed. Where
the GRANTEE's,approval is required,:the:GRANT E.E-,hall grant or withhold its approval in writing
within thirty (30)days of receipt of GRANTOR's written request therefore unless a different firne period
is specified herein for the matter in question. GRANTEE's approval may be withheld only upon
GRANTEE's reasonable determination that the activity as proposed would substantially diminish or
impair the Conservation Values or would be inconsistent with,the Purpose of this Easement and the
Permitted Uses. The specific reasons for such determination shall be set forth in GRANTEE's response.
Where a reasonable modi fication of such proposed use or activity by GRANTOR would render the sarne
consistent with the purpose of this Easement,the GRANTEE may specify, in such written notice to
GRANTOR, such required modifications. GRANTOR shall only be required to obtain GRANTEE's
approval for uses that are not Permitted Ulses.
8. 'Enforcement.
If GRAMITE rinds what it believes is a violation of this Easement, GRANTEE shall immediately
notify GRANTOR in writing and with specificity ofthe nature ofthe alleged violation. Within 30 days of
receipt of this written notice, GRANTOR shall either:
a. Restore the Property to its condition prior to the violation; or
b. Provide a written explanation to GRANTEE of the reason why the alleged violation should be
permitted, in which event both parties agree to meet as soon as possible to resolve their differences. If no
agreement is reached to resolve the dispute, GRANTEE may,at its discretion,lake appropriate legal
action. When, in:GRANTEE's opinion, an ongoing or imminent violation could irreversibly diminish or
impair the Conservation Values, GRANTEE may, at its discretion,take appropriate legal action without
notice or consultation with GRANTOR. If a court with jurisdiction determines that a violation is
irrinflnent,exists, or has occurred, GRANTEE may get an injunction to stop such violation,temporarily or
permanently. A court may also issue an injunction to require GRANTOR to restore the Property to its
condition prior to the violation.
9. Costs of Enforcement.
All costs,of enforcing the terms of the Easement, including,without limitation,costs of suit and
reasonable attorneys' fees,costs orrestoration,and consultants,shall be paid by GRANTOR,provided,
however, if GRANTEE commences an action seeking the remedies provided in Section 9.h, above and
GRANTOR is:the prevailing party, GRANTEE shall be responsihIc ,for paying GRANTOR's costs of
suit, reasonable attorneys' fees and consultant fees,in defending,such an action.
10. Acts Beyond GRANTOR's Control.
Nothing contained in this Easement shall be construed to entitle the GRANTET to bring any
action against GRANTOR for any injury to or change in the Conservation Values of the Property
resulting frorn causes beyond GRANTOR's control, including,without limitation, fire, flood, storms, and
earth movement, or from any prudent action taken by GRANTOR,under emergency conditions to prevent,
abate, or mitigate significant injury to the Property resulting from such causes, Notwithstanding the
4
foregoing, the GRANTOR shall take reasonable efforts to prevent third parties from performing,and shall
not knowingly atlow third parties to perform,any act on or affecting the Property that is inconsistent with
the Purpose of this Easement
11. Public Access Not Created Hereby.
Nothing herein contained shall be construed as affording the public access to any portion of the
Property, attbough the GRANTOR may permit public access to the Property on such terms and conditions
as it deems appropriate,provided that such access is consistent with the terms of this Easement, 'file
GRANTEE does not have the right to grant any access to the Property or casements or licenses on the
Property. This does not prohibit the GRANTEE frons assigning this Easement pursuant to the terms of
Paragraph 1'5 "Assignment".
12. Costs,and Liabilities.
GRANTOR shall retain all responsibilities and shall bear all costs and liabilities of any kind
related to the ownership,, operation, upkeep,and maintenance of Property, including weed control' and
eradication on the Property, and including the maintenance of reasonable comprehensive general liability
insurance coverage. Any mortgage or deed of trust which encumbers all or a portion of the: Property shall
lie subordinate to the terms of this Conservation Easement and the foreclosure of any such mortgage or
deed of trust shall not adversely affect the existence or continuing validity of this Conservation Easement.
13. Hold Harmless.
GRANTOR shall hold harmless, indernnify, and defend the GRANTEE and its trustees,
commission and committee members,officers,employees, agents, and contractors and tile heirs, personal
representatives,, Successors,and assigns of each of them (collectively"Indemnified Parties")from and
against all liabilities, penalties,costs,losses, damages, expenses,causes of action, claims,derriands, or
judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected
with: (1) injury to or the death of any person., or physical damage to any property,resulting from any act,
omission, condition,or other matter related to or occurring on or about the Property, regardless of cause,
unless,due solely to the negligence or intentional act of any of the Indemnified Parties;(2):the costs,and
expenses of the GRANTEE in enforcement of this Easement-, (3):the presence,or release by GRANTOR
or persons,under the direction or control of GRANTOR, of hazardous or toxic substances on, Linder or
about the Property, (4)all costs and liabilities of ownership,operation, upkeep and maintenance of the
Property as described herein. For the purpose of this Paragraph, hazardous or toxic substances shall mean
any hazardous or toxic substance which is regulated Linder any federal, state or local law.
14. Change of Circumstances; Extinguishment.
11'circurnstances arise in the future which render all of the purposes of this Easement impossible
to accomplish,this Easement can only be terminated or extinguished, whether in whole or in part, by
mutual agreement between the parties.
In making this Grant, the GRANTOR has considered the possibility that uses prohibited by the
terms of this Easement may become rnore:economically val Liable than permitted uses,and that
neighboring properties may in the future be put entirely to such prohibited uses. It is the:intent of both the
GRANTOR and the GRANTLE that any such changes shall not be deemed to be circurnstances justifying
the termination or extinguishment of this Easement. In addition,the inability of the GRANTOR, or his
heirs, successors,or assigns„to conduct or implement any or all of the uses permitted Under the terms of
this Easement,or the unprofitability of doing so, shall not impair the validity of this,Easement or be
considered grounds for its,termination or extinguishment.
5
15. Assignment.
GRANTEE may not assign this Fasement or assign or delegate any of the obligations,rights or
privileges granted hereunder to any third party except: (i)to a governil'iental or quasi-governmental entity
that operates as ar subdivision of the State of Colorado and that has the authority and capacity to
administer this Easement, or(ii),to any other party. Hoth(i),and(ii)reqUiTC the prior written consent of
GRANTOR, in its discretion,
16. Subsequent Transfers by GRANTOR.
GRANTOR agrees to incorporate by r6crence the terms of this Easement in any deed or other
legal instrument by which it transfers or divests itself of any interest in the Property. GRANTOR agrees
that it will reflect in any leasehold interest granted by GRANTOR that the lease is subject to,and
subordinate to the terms of this Easement. GRANTOR further agrees to give written notice to the
GRANTEE of the transfer o,f any interest at least twenty(20)days prior to the date of such transfer, The
failure of GRANTOR to perforin any act required by this Paragraph shall not impair the validity of this
Easement or limit its enforceability in any, way.
17. Notices.
Any notice, demand, request, consent, approval, or communication that either party to,this
Easement desires or is,required to,give to the other shall be in writing and shall either be served'
personally or send by certified, registered or express mail(including Federal Express or UIPS), postage
prepaid,return receipt requested, addressed as follows or to such other address,as either party from tirne
to time shall' designate:by written notice to the other:
To;GRANTOR:
Gyrand Park Development,IAX
P.O.Box 30
Winter Park,CO 80482
'1'o he GRANTEE:
Town of Fraser
P.O. Box 370
Fraser,C'O 8!0442
Attn: Town Manager
The notice shall be effective upon receipt if served personally,or three days after deposit with the carrier
if sent via certified,registered, or express retail as identified above, The GRANTEE,,need only notify
GRANTOR and no other parties related to annual Ynonitoring site visits.
1.8. Recordation.
The GRANTEF shall record this, instrument in firriely fashion in the official records,of Grand
County, Colorado, and may re-record it at any time as may be required to preserve its rights in this
Easement. The GRANTEE may record tiny assignment of this casement,
6,
19. Amendment.
If the cirCUrnstances arise under which an amendment to or modification of this instrument would
be appropriate to promote the purpose of this Fasernent and tile protection of the Conservation Values of
the Property, GRANTOR and the:GRANTEE are free to jointly amend this instrurnent-,, and provided that
no amendment shall be allowed that will affect the qualifications of this instrument under any applicable
law. Any amendment must be consistent with the conservation purposes of this instrUlnent and may not
affect its perpetual duration. Any amendment must be in writing, and signed by both parties, and
recorded in the records of the Clerk and Recorder of Grand County, Colorado.
20. General Provisions.
A Controlling Law.
'File interpretation and performance of this Easement shall be govemed by the laws of the State of
Colorado.
B. Liberal Construction.
Any general rule of construction to tile contrary notwithstanding, this Easement shall' be liberally
construed in favor of the grant to effect the purpose of this Easement and the po:l icy arid purpose of
CRS. § 38-3,0.5-101 et seq. If any provision in this,instrument is,found to be:ambiguous, an
interpretation consistent with the purpose of this Fasernent that would render the provision valid shall
be: favored over any interpretation that would render it invalid.
C. &verabilily.
If any provision of this,Easement, or the application thereof to any person or circumstance, is found to,
be invalid,the rerrainder of the provisions of this Easement, Or the application of such provision to
persons or circurnstances other than those as to,which it is found to be invalid, as the case may be,
shall not be affected thereby.
1). Entire Agreement,
This instrument sets forth the entire agreement of the parties with respect to the Easement and
supersedes all prior discussions,negotiations,undo rstandi rigs, or agreements relating to the Fasernent,
all' of"which are inerged herein.
E, No Foiftiture.
Nothing contained herein will result ill a forfeiture or reversion of GRANTOR's title in any respect.
F .1oint Oblig(dion.
In the event the Property is subsequently owned by more thail one owner, all such owners shall be
jointly and severally liable for the obligations imposed by this Easernent upon GRANTOR.
G. Successors.
The covenants,terms., conditions, and restrictions of this Ea-serricrit shall be binding upon, and inure to
the benefit of,the parties hereto and their respective personal representatives, heirs,successors, and
assigns and shall continue as a servitude running in perpetuity with the Property,
7
Tl. Termination o 'Rights and Obligations,
A party's rights and obligations under this Easement terminate upon transfer of the party"s interest in
the basement or Property,except that a party's liability for acts or omissions occurring prior to
transfer shall survive transfer.
I Craptions.
The captions in this instrument have been inserted solely for convenience of reference and are not a
part of this instrument and shall have no effect upon construction or interpretation.
J, GI?IINTI-,,E'S Mon-Waiver.
Forbearance by GRANTEE to exercise its rights under this Easement in the event of a violation of
any term shall not be deemed or construed to be a waiver by GRANTEE of such termi or of any
subsequent violation of the same or any other terms of this Easement or of any of GRANTI,'F,`s rights
under this Ew,�ement. No,delay or omission by GRANTf-,.J--'.in the exercise of any right or remedy
upon any violation by GRANTOR shall impair such right or remedy or be construed as a waiver.
K. No Merger.
Unless the parties expressly agree in writing that they intend a merger of estates or interests to occur,
then no rnerger shall be deemed to have occurred hereunder or under any dOCUrnents,executed in the
future affecting this Deed of Conservation Easement.
L Warrantj,of Title.
GRANTOR warrants that it has good and sufficient title to the Property, that it has good right, full
power and lawful: authority,to,grant and convey this Deed of Conservation Easement,that the
GRANTEE has access to the Property for the purposes described in this Easement,that any
mortgages or licns on the Property are and shall remain subordinate to the terms of this Deed of
Conservation Easement and that the Property is free and clear from all former and other grants,
bargains,sales, liens,taxes, and assessments. GRANTOR hereby promises to warrant and forever
defend the title to the Deed of Conservation,Hasernent in the quiet and peaceable possession of the
(JRANTEE, its successors,and assigns, against all and every person or persons lawfully claiming the
whole or any pail thereof.,subject to all existing claims and reservations of record.
U. Environmental Warranty.
GRANTOR warrants that it has no knowledge of a release or threatened release of hazardaus
Substances or wastes on the Property and promises to defend and indemnify the GRANTEF, its
successors and assigns,against all litigation, clairris, demands,, penalties,and damages, including,
reasonable attorney's fees, arising from breach of this warranty.
AF. No Thirel-Parij,Bencficiaries.
This Easement is entered into by and between GRANTOR and GRANTE'E, and is solely for the
benefit of GRANTOR, GRANTEE,and their respective successors and assigns for the purposes set
forth herein, and does not create rights or responsibilities in any third parties beyond GRANToR and
GRANT]"Fl.
8
TO HA VE AND TO HOLD WItO the GRANTEE, its successors and assigns forever.
IN WITNESS WHEREOF GRANTOR and the (.1RANTEL, have executed this Deed of
Conservation Easement on thisJ, (liay f
0 20�20.
CRANTOR:
GRAND PARKQI,"N) I OFIN&I N ILC
By:
C. Clark-1 r 4�scn 'I ,Presiden
STATE 017 COLORADO
)ss.
COU'N'FY 01. GRAND
The foregoi ng inStRITTI enit was ack n owl edged before me thisday of 2020,
..........
by C, Clark Lipsconib, President of Grand Park DeNTlopment LLC, a Colorado limite liability complany.
WITNESS my hand and officiall, sea].
My commission expires:
(SEAL)
Notary Public
U 0
R1 v,
Jv'
4 A
9
Acm,ted:
GRANTER
TOWN OF FRASER:
By:
Mayor
STA'TE OF COLORADO
ss,
The foregoininstrument was acknowledged berore ine thi&3— day of 2020.
by Al
Voi%dar '0� M�
It vA s vor of the'Yowri of Fraser.
WITNESS my hand mid official seal.
My corninission expires:
BANTOINETTEUCVEIGH! Notary Public
Notary Public - State of Colorado
Notary 10 20174004888
My Commission Expires Feb 1.
� m 2021
The undersigned, U.S. Bank, N (Tienholder"), as,the beneficiai3+ of the Deed of Trust
recorded at Reception No. 2012-0051.4.3 and Reception No. 2012-005144,joins in the execution of this
instrument and hereby subordinates its Deed of Trust to the cascrrient,granted in the foregoing Deed of
Conservation Easement.
SIGNED THIS (Jay of' 1'C 2020.
LIFNHOLDER:
U.S.
BY:
"TI TLE:
STATE OF (k�-o
COUNTY OF ss.
The for�gol lig instrument was acknowledged before me tit is dcayof 12020,
�W,l as ��4,j i fAA. "'i-of U.S. k,N.A.,the, above nanied
Lienholder.
Witness my hand and official Neal.
My Cotnmissionexpires:
S I' A L RAYMOND BERRY Notary Public
NOTARY PUBLIC-STATE OF COLORADO
NOTARY ID 201840276111
My COMMISSION EXPIRES JUL 5,2022
WOC12 ' -1 "4
, i ES
February 3, 2016
EXHIIBIT f"A"
LEGiAL DESCRIPTION
Conservation Easernient
A Conservation Easement located in the NWII/4 of Section 29 and the SW1/4 of Section!201, Township I
South, Range 75 West of the 6th Princlpal Meridian, Town of Fraser, County of Grand, State of Colorado,
being more particularly described as,follows:
COMMENCING at the said N1114 Corner of Section 29, TlS, R75W of the,6th P.M.,from which the
lCortN�wrvest Corner of the NEIA of the NWI/4 of said Section 29 bears S89*44'56"W, (basis of bearingi);
thence S89`"42'401 W„ 1747.291 feet to the TRUE PONT OF BEGINNNG
1.Thence S. 89"27'16" E,., a distance of 122.73 feet;
2. Thence S. 23'45'49i"'E., a dlistance of 17.33 feet;
3. Thence S. 14'54'4111"E.,a distance of 114.37 feet;
4, Thence S. 36*23"59" E,, a distance of 42.61 feet;
5. Thence S. 15"5,7'011"' E., a distance of 25.31 feet;
6. Thence S. 26'10'57"'E., a dlistance of 501.92 feet;
7.Thence S. 65'58'27"E.,a distance of 60.38 feet;
8.Thence N. 64014'46"E., a distance of 491.67 feet;
9.Thence S. 82'29"57"E., a distance of 46.81 feet;
101, Thence N. 50'09"30"'E., a distance of 45.38 feet;
11. Thence N. 119'45'05" E., a distance of 106.13 feet;
12.Thence N. 08'35'24"W., a distance of 45.60 feet;
113.Thence N. 310'03,'05"W., ai distance of 44.18 feet;
14,Thence N. 14'22'27"W.,a distance of 58.81 feet,
15.Thence N. 2703301"W,a distance of 78.52 feet;
16.Thence NI. 89*43'58�" E., a dliistanc:e of 67.66 feet;
17.Thence S.Oil'0241"E., a diis,tance of 14.41 feet,-
18.Thence S.89'53"5,1""E.,a distance of 1301.16 feet;
19, Thence S.00'26'152"E.,a distance of 1 74.9O feet;
20.Thence S. 20*101'57" E., a distance of 3,0,.02 feet;
21.Thence S. 03*1220"W.,a distance of 43.52 feet;
22'.Thence S. 31*09"34':' E., a distance of 148.27 feet to,ai non-tangent curve to the right;
23.Thence on the arc of a curve to a, point mon-tangent, a radlius of 955.38 feet, a central angile of
13'3753", a distance of 225.911 feet, (a chord bearing S. 00*0344"E.,a distance of 2251.38 feet);
24.Thence S. 16'15'37" E.,a distance of 180.11 feet;
25. Thence S. 50*53'26" E., a distance of 51.62 feet to,the Northerly Right-of-way Line of Union Pacific
Railroad;
............ ...
1331 17th Street Suite 900 Denver. Colorado 80262 Telephone: 720.946.0960 Facsirniile: 720,946.09,73
26.Thence S. 53*015'47"l W., a distance of 275.591 feet along the:said Northerly Right'-of-way Line of Union
Pacific Railroad to a curve to the right;
27.Thence on the arc of a curve and the said Northerly Riglht-of-way Line of Union Pacific Railroad, a
radius of 616,78 feet,,a central angle of 661"29'501"', a distance,of 715.83 feet, (a chord bearing S.
86'20"43"W., a distance of 676,.33 feet),
28.Thence,Ni. 30'3,0'59"'E., a distance of 62.331 feet;
29.Thence N. 22-58'111" E., a distance of 142.72 feet;
301.Thence N. 80'09'27" E.,a distance of 111.47 feet;
31.Thence N.091'14'55"W., a distance of 60.21 feet;
32. Thence N. 801'40'361" E., a distance of 191.41 feet;
33.Thence N. 35'27'50"E., a distance of 151.37 feet;
34.Thence N. 03*55'1 E,, a distance of 12'2,.751 feet;
35. Thence N.01'57'59"W., a distance of 117.17 feet;
36.Thence N. 260'58"01 "W., a distance of 2'913.96 feet;
37. Thence N. 06-54-10"'E., a distance of 38,361 feet, more or less, to the TRUE POINT OF BEGINNING.
Area 12.00 Acres, more or less.
A
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mISA*K� 'on Kervin, Rk'%,,�45'92
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Project!tp A0
For and o 1 Viffibi'Voi
David Evans and Associates, Inc,
Notes:
1) NOTICE: According to Colorado law you must commence any legal action based upon any defect in,this
survey within three year's after you first discovered such defect. in no event, may any acUon based upon
any defect in this survey be commenced more than ten years from the date of the certification shown,
2.) Legal description was prepared by Michael S,Kervin,PLS', 13311 17TH Street,Suite 900,Denver,CO 80202.
..................
1331 17th Street Suite 9:00 Denver, Coioiradoi 80202 Telephone: 720.946. 960 Facsirnfle: 720' .946.0973
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February 3, 20116
EXHIBIT "B"
LEGAL DESCRIPTION
Conservation Easement
A Conservation Easement located in the SW1/4 of Section 201, Township I South, Range 75 West of the
6th Principal Meridian, Town of Fraser, County of Grand, State,of Colorado, being more particularly
described as follows:
COMMENCING at the said N1/4 Corner of Section 29, T1 S, R7'5W of the 6th P.MI., from which the
lorthwest Corner of the NE1/4 of the NW1/4 of said Section 29 bears 589"44'56"'W,, (basis of bearing);
thence N67'21'34"W, 11442.77 feet to the TRUE POINT OF BEGINNING;
1. Thence S. 0,0*17"02"E., a distance of 466.391 feet;
2.Thence S.89*43'58"W., a dlistance of 67.66 feet;
3. Thence N. 2�7*33'011 W., a dlis,tance of 22.50,feet;
4. Thence N.27'33011 W., a distance of 01.54 feet to a noin-tangient curve to the left;
5.Thence on the arc of a curve to the left, a radlius of 158�.00 feet, a central angle of 42,*53'55", a distance
of 118.30 feet, (a chord bearing N. 00932"28"E.,,a,distance of 115.55 feet);
6.Thence N. 2'0054'2:9"'W., a dlistance of 20.40 feet;
7. Thence on the arc of a curve to the right, a radius of 272.010,feet, a central angle of 43*04'31", a
distance of 204.49 feet, (a chord bearing N. 00"37"46" E., a distance of 199,71 feet),
8.Thence N'. 22"10"02"l E., a distance of 21.56 feet;
9,.Thence on the arc of a curve to the left,, a radius of 178.00 feet, a central angle of 29'48'31", a distance
of 912.61 feet, (a:chord! bearing N'. 017*15'47"E,, a distance of 91.56 feet);
10. Thence N. 8,91*43'51" E., a distance of 601.75 feet, more or less, to the TRUE POINT OF BEGINNING.
............
Area 0.86 Acres, more or less.
0%
Mucl �rd�dl4*.�':ar1'lCer"Jrn" l�'�;,1i592
Date:
Project. 11—'N�
For and on h if df-.
David Evans and Associates, Inc.
Notes-
11.) NOTICE: Accordingi to Colorado law you must commence any legal action based upon any defect in this
survey within three years after you first discovered such defect. In no event, may any action based upon
any defect in this survey be commenced!more than ten year's from the date of the certification shown.
2'.) Legal description was prepared by Michael S,Kervin, PLS, 1331 17'H Street,Suite 900,Denver,CO 80202.
ll 331 17th Street Suite 900 Denver, Colorado, 80202 Telephone.- 7201.946.01960 Facsirnfle: 720.946.0973
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February 3, 20116
EXHIBIT
LEGAL DESCRIPTION
Conse!rvation EasemenIt
A Conservaition, Easement located in the SW1/4 of Section 201, Township, I South, Range 75 West of the
6th Principal Meridian, Town of Fraser, County of Grand, State of Coloradliol, being more particularly
described as follows:
CO,MM:ENCiNG at the said N114 Corner of Section 29, T1S, R75W of the 6th P.M:.,from which the
o"r_th_iw'e' ii-Corner of the NE1/4 of the NW114 of said!Section 291 bears S8,9'44'56!';W,, (basis of bearing);
thence N511'15'34"W, 1214.60,feet to the TRUE PONT OF BEGINNING,
1.Thence N. 891047'33"E.,a distance of 218.09 feet;
2.Thence S. 43'46'36" E., a distance of 018.73,feet;
3. Thence S.401'401'57"'E., a distance of 12.50 feet;
4.Thence S. 50'3�1'55" E., a distance of 32-21 feet;
5.Thence S. 54'35'26" E., a distance of 14.38 feet;
6,. Thence S. 58*24'47" E., a distance of 66.17 feet;
7. Thence S. 24"11'24"1 E., a distance of 11.79 feet;
8,.Thence,S. 01'47'27":E., a distance of 12.78 feet;
9.Thence S. 22"1556"W. a distance of 28.46 feet;
10.Thence S. 013'1110'56"W., a dlistance of 14,39 feet,-,
11.Thence S. 03'14'33," E., a diistance of 21.19 feet,-,
12. Thence S. 05"49"'51""1E., a distance of 19.66 feet;
1:3. Thence S. 02*01'44" E., a distance of 101.56:feet;
14. Thence S. 17*2917"E.,a distance of 22.60 feet;
15. Thence S.410016'1118"'E., a distance of 12.19 feet;
16-Thence S. 26'35'03"E., a distance of 14.28 feet;
17. Thence S. 25'50'22"'E., a distance of 13.75 feet;
18. Thence S. 05°49"51" E., a distance of 19.66 feet;
19. Thence S. 16'20'55" E., a distance of 2�4.12 feet;
20. Thence S.3,402739i" E.,a distance of 16.914 feet;
21.Thence S. 3,4'3101'001" E,,a distance!of 37.92 feet;
2 . Thence S. 06:'119"29"W., a distance of 13.36 feet;
23.Thence S. 02'43'43"E.,a distance of 11.50 feet;
24. Thence S. 34"01'44" E., a distance of 18.217 feet;
25. Thence S.42006'46" E., a distance of 15.2'4 feet;
26.Thence S. 58'50'43" E., a distance of 17.2,7 feet;
2'7. Thence N. 77'3118" E.,a distance of 19.091 feet;
............................
1331 17th Street Suite 900 Denver, Colorado 80202 Telephone: 720.046.0960 Facsimile: 7201.946,0973
2'8. Thence S.88'1656" E., a distance of 04.62 feet;
291, Thence S. 84030'43"1 E, a distance of 017.31 feet;
30. Thence S. 82*30'39" E., a distance of 051.36 feet;
311.Thence S. 70"39'25"l E.,a distance of 06.22 feet;
3!2. Thence S. 90'00"001" E., a distance of 05.54 feet;
33,. Thence S. 77"16'04"E., a distance of 05.21 feet,'
34. Thence S. 58'00'2'7"E.,a distance of 03,13 feet;
3,5. Thence,S.63'26'48" E., a distance of 013.27 feet;
36. Thence S. 52'351'05"l E., a distance of 09-65,feet;
37. Thence S. 38005'1311'E., a distance of 05.75 feet;
38. Thence 5.43°53''29"" E., a distance of 018.17 feet;
3,9,. Thence S. 39038'501" E., a distance of 06,41 feet;
40.Thence!S. 52*38'501" E., a distance of 05,22 feet;
41. Thence S. 65°26"51'''" E., a distance of 04.26 feet;
42. Thence S. 61°39'04"" E., a distance of 03.26 feet;
43. Thence S. 56°34'11"E., a distance of 05.99 feet;
44.Thence S. 54*08'26"'E, a distance of 0:3.313 feet;
45. Thence S. 18027':017" E., a distance of 01''.45 feet;
46. Thence S.31"17'14"W, a distance of 01.88 feet,-
47.Thence S. 50'43'26"W., a distance of 02.58 feet;
48�. Thence S. 87*04"44"W., a distance of 04.19 feet,-
49. Thence S. 61*02"57"W.,a distance of 02.65 feet;
50. Thence S. 13"30"21 " E., a distance of 011.47 feet;
51.Thence S. 2�0'38'16" E., a distance of 05.70 feet;
52.Thence S. 06'42'10" E., a distance of 03.43 feet;
53.Thence S. 03'00'56" E., a distance of 08.05 feet;
54.Thence S. 55'01'43" E., a distance of 03.42 feet,
515. Thence S. 75*37'491"E., a distance of 05.64 feet;
56. Thence S. 14'38'04" E., a distance of 03.32 feet
57. Thence S. 00'0!0'001' WW., a distance of 031-08,feet;
58, Thence S. 12'511'37"' E., a distance of 05.21 feet;
59. Thence S. 22*54`03" E., a distance of 07.46 feet;
60. Thence S. 29*29'18"l E, a distance of 04.03 feet;
61. Thence S. 61"1205" E., a distance of 06.97 feet;
62. Thence S. 36:"51'56"E., a distance of 07.67 feet;
631. Thence S. 440'0�0'34" E., a distance of 06.16 feet;
64. Thence S.58'35'001" E., a distance of 06.44 feet;
65. Thence S. 56°40'2'1'" E.,a distance of 0!6.95 feet;
66. Thence S.24*40'46"l E,,a distance!of 03.78,feet;
1331 17th Street Suite 900 Denver-, Colorado 80202 Telephone: 720.9:46.0960 Facsim4e: 720.946,0973
67. Thence S. Oil*57"11 5"W., a distance of 12.31 feet;
68.Thence S. 04'2�4'08"' E., a distance of 09.12 feet;
69. Thence S. 34014':1118" E., a,dilstance of 014.23 feet;
70. Thence S. 83'55'56" E.,a distance of 06.62 feet;
71.Thence N. 86'35"10" E., ai distance of 019.40 feet;
72.Thence S. 84'45'25" E.,a distance of 13.78 feet;
73. Thence S.82*52,o0" E., a distance of 09.68 feet;
74. Thence S. 70'013'46"'E., a dlistance of 66.92 feet,
75.Thence S. 56'511'30"'E., a distance of 1'6.88 feet;
76. Thence S. 26'35'02"' E., a,distance of 10.32'feet;
77. Thence S. 13"25'55" E.,a distance of 12.65 feet,,
78. Thence S. 05'57"05" E., a distance of 13.50 feet;
79.Thence S. 03027'1 E., a distance of 11.63 feet;
80.Thence S. 18'14191"E., a distance of 112.08 feet;
811.Thence S. 101"10"30"'E., a distance of 09.47 feet;
82. Thence S. 28'08'33" E., a dlis,tance of 091,20 feet;
83.Thence S. 17'32'24"l E., a distance of 05.57 feet;
84. Thence S. 22'46'141"E., a distance of 017.76 feet;
85. Thence S. 25'25"31" E., a dlistance of 016.119,feet;
86.Thence S. 27"34'21"E., a distance of 017.26 feet;
87.Thence S. 19"40"015" E., a distance of 08.32 feet;
88,.Thence S.26'04'21" E., ai distance of 017.01 feet;
89. Thence S.49'47'1 3"E,a distance of 04.77 feet;
90,.Thence S. 68"45'56"' E., a cilistance of 05.41 feet,,
91. Thence S.88'3614" E., a distance of 015.74 feet;
92. Thence N. 84'33'53�" E., a distance of 05.911 feet;
93,Thence N. 78026'55"E.,,a distance of 06.29 feet;
94,Thence N. 76'55"06" E,, a dliistance of 06.118 feet:
95. Thence N. 82"34'30"' E., a distance of 016.49 feet;
96. Thence N.87*04'00':' E., a distance of 015.47 feet;
97. Thence N. 75001'01 " E., a 6stance of 08.11 feet;
98.Thence N. 810032"42"1 E., a distance of 08.51 feet;
99. Thence N. 80*06'113" E., a distance of 018.915 feet;
1'0'0.Thence NI. 77"'17"09"" E., a distance of 08.910 feet,
101.Thence N. 75'58'30"E.,,a distance of 09.23 feet;
102.Thence S. 42`"17'48" E., a distance of 012.08 feet;
103. Thence S. 18*00'28" E.,a distance of 05.65 feet;
104.Thence S. 17*15'15" E., a distance of 014.25 feet;
105.Thence S.82*14'27" E, a distance of 061,22 feet;
................. ............
1331 17th Street Suite 900 Deriver, Colorado 80202 Telephone: 720.946 0960 Fac sjmile. 720.94U973
106. Thence S. 88'59'10" E., a distance of 09,14 feet;
107. Thence N. 88*46'0,3":E., a distance of 06.57 feet;
10,8�. Thence N!.84'32'41"'E., a distance of 04.88 feet,
109.Thence N. 891019"3211 E., a distance of 03.03 feet;
110.Thence N.88'47'45" E.,a distance of 03.39 feet;
111. Thence S. 78'02'00" E., a distance of 02.41 feet;
112. Thence S. 76'24'25"'E., a distance of 013.84 feet;
113. Thence S.45001'2,6"'E., a distance of 03.17 feet;
1::14.Thence S. 35'19`57" E., a distance of 04.11 feet;
115. Thence S. 119*40'06" E, a distance of 04.16 feet;
116. Thence S. 03"22'09"W., a distance of 07.15 feet;
117. Thence S. 01'11'401"W., a distance of 06.71 feet;
118.Thence S. 40'35'591" E.,a distance of 05.56 feet;
119.Thence S. 49'07'25`1 E., a diiis,tance of 06.38 feet;
120. Thence S. 510161"06""E.,a distance of 016.40 feet;
121.Thence S. 55'00'44"E., a distance of 09.00 feet;
122.Thence S.48,6'41'512" E., a distance of 05,.25 feet;
12�3.Thence S. 36'118`02"' E.,a distance of 04.07 feet;
124. Thence S. 15'23'01"'E.,a distance of 04.93 feet;
125. Thence S. 017'46'08" E.,a distance of 05.27 feet,
126. Thence S. 017'44'39" E., a distance of 06.17 feet
127.Thence S. 17"42'32" E., a distance of 02,93 feet;
128.Thence S. 13'38'01"'E.,a distance of 012.02 feet,
129.Thence S.49*50'491":E., a distance of 03.83 feet,
130.Thence S. 23'45'58" E., a distance of 03.82 feet;
131.Thence S. 26'34'519" E., a distance of 03.44 feet;
132,Thence S. 35'23"06"1 E., a distance of 05.32 feet,,
133. Thence S. 351'42'521"E.,:a distance of 03.23 feet;
134. Thence S. 25*02'08" E., a distance of 03.29 feet;
135, Thence S. 14025'45" E., a distance of 012.391 feet:
136.Thence S.09"'18"05'" E.,a diis,ta�n:ce of 013,69!feet;
137.Thence S.20'56'12" E,a distance of 013.95,feet;
138, Thence S. 19'36'33"E.,a distance of 03.87 feet;
139, Thence S.22'"2'1''13"' E., a distance:of 07.28,feet;
140. Thence S. 24'42'04" E., a distance!of 04.24 feet;
141. Thence S. 22"14'07" E., a distance,of 013.82 feet;
142', Thence S.42"05"10"E.,a distance of 02.75 feet;
143.Thence S. 36'29'40"' E.,a distance of 01!.42 feet;
144.Thence S.24'32'14" E.,a distance of 06.23 feet;
------------- -
1331 17th Street Suite 900 Denver, Colorado 80202 Telephone: 720.946,01960 Facsirmlo-, 720.946.10973
1,45.Thence S. 31'39'56" E., a distance of 05.03 feet;
146. Thence S. 48'54'39" E., a distance of 03-63 feet;
147. Thence S. 49'31'24"E, a distance of 05.56 feet;
148. Thence S. 42'22*58"E, a distance of 02-29 feet;
149,Thence S. 3701611;5" E., a distance of 01.56 feet;
150.Thence S. 38*00'20" E., a distance of 03.00 feet;
151. Thence S. 29*14'18" E., a distance of 012'.85 feet;
1'52.Thence S. 1902317" E., a distance of 04.80:feet;
153. Thence S. 29"19'201" E.,a distance of 05.69 feet;
154.Thence S. 06*1639" E., a distance of 08,23 feet;
1551.Thence S. 04*08'54" E., a distance of 013.44 feet;
156.Thence S. 06'21'12" E., a distance of 03.32 feet;
1517. Thence S. 11'24'21" E, a distance of 06.0!11 feet;
158,.Thence S. 07'0323" E.,a distance of 015.45 feet;
159.Thence S. 03041'36"W., a distance of 02.10 feet;
160.Thence S. 14'02'52" E., a distance of 02.26 feet,,
161.Thence S. 12'08:''32"W, a distance of 06.82 feet;
162. Thence S. 015*28'41"W, a distance of 09-08 feet;
163. Thence S. 02036'15"W, a distance of 01.92'feet;
164. Thence S. 110"41"25"E.,a distance of 02.35 feet;
11,65. Thence S. 28'3,0'29" E.,a distance of 01.73 feet;
166. Thence S. 40'28'40" E., a distance of 04.71 feet;
167. Thence S. 37'45'40" E., a distance of 011.71 feet;
168. Thence S. 36'53'01" E., a distance of 01.41 feet;
169!.Thence S. 22010'021"W., a distance of 06.05 feet;
170.Thence N. 22*'101'02" E., a distance,of 00.17 feet;
171.Thence N.36"1226"W., a distance of 02.28 feet;
172.Thence N. 33*42'12"W'., a distance of 03.51 feet;
173. Thence N. 33'48'14"W., a distance of 04.83 feet;
174.Thence Ni,40°46"'41" W., a distance of 02.04 feet;
175.Thence N. 33*42'12�"W, a distance of 01,73 feet;
176.Thence N. 14'1219"W, a distance of 04.57 feet;
177.Thence N. 04'51'01"W, a distance of 05.75 feet;
178.Thence N. 00'42'3,1"W., a distance of 06.67 feet;
179,Thence N. 1205633" E.,a distance of 03.56 feet;
180.Thence N.011'38'17"W., a distance of 01.74 feet,
1,81. Thence N.0111'14'47" E, a distance of 02.29 feet;
182.Thence N. 03'58"33" E, a distance of 03.5,9 feet;
183.Thence N. 06045'53"E, a distance of 04.16 feet;
...............
1331 17th Street Suite 900 Denver, Colorado 80202 Telephone: 720.946.09160 Facsirnile: 720,946.0973
184.Thence N. 11`"46"35""'W., a diistance of 02.56 feet;
18,5. Thence:N, 111'46"41 "W., a distance of 015.09 feet;
186.Thence N, 12*3,4'24"W., a distance of 08.10 feet;
187.Thence N. 16-57'0WW,,a dlistance of 07.69 feet;
1'88. Thence N. 18`17`24"W, ai distance of 013.43 feet;
189. Thence Ni. 47042'15"W., a distance of 03.07 feet;
190. Thence N':. 65'27'38"W,a distance of 02.59 feet,
191. Thence N. 56'35'49"W, a distance of 04.27 feet;
192'. Thence N.49611'34"W., a distance of 04.24 feet;
193. Thence N. 33'57'07"W., a distance of 08.78 feet,
194.Thence N. 30*12'54"'W., a distance of 18.73 feet;
1915. Thence N. 30'31'44"W., a distance of 091.75 feet;
11,96. Thence N. 1601335"W.,, a distance of 04.5,0 feet;
197. Thence N. 016'10'24"W., a distance of 012.74 feet;
198. Thence N. 12*32"015"W.,: a distance of 01.36 feet,-
1199. Thence Ni. 24'54'58"W.,, a distance of 02.27 feet;
2001. Thence N. 12'42'42"W.,, a distance of 03.06 feet;
201. Thence Ni. 016*42'50"'W., a distance of 02.27 feet;
202. Thence N'. 25'34'15"W., a distance of 012.61 feet;
2'03. Thence N. 25'30'18"W.,, a distance of 03.85 feet;
204. Thence N. 1902613"W., a distance of 06.31 feet;
205. Thence N. 24'45'42"W., a distance of 07.12 feet;
206. Thence N. 34*18,'28"W., a distance of 03.73 feet;
207. Thence N. 30'59"011'"W., a distance of 03.26 feet;
208.Thence N. 10'016'50"E., a distance of 03.29,feet;
2,0191.Thence N. 101-01231"W., a distance of 07-43 feet;
210, Thence!N. 201'54'1114"'W., a distance of 05.66 feet;
211. Thence,N. 39*001911"'W., a distance of 03.50,feet;
212.Thence N, 56'01'''011"W,a distance of 03.316 feet;
213.Thence N. 66"40'36"W., a distance of 03.60 feet;
214, Thence N.68"12'31"W., a distance of 04.19 feet;
2115.Thence N. 58'44'57"W, a distance of 014.25 feet;
216.Thence N. 52'19`11"W,,, a distance of 05.40 feet,
2,17.Thence N. 54*50'25"W.,, a distance of 07.19 feet;
218.Thence N. 48*50'14"W, a distance of 05.915 feet;
219.Thence N. 15':57'26"'W, a distance of 03.05 feet;
220.Thence N. 26'34'591"W, a distance of 03.44 feet;
221. Thence N. 38"33'52"'W., a distance cf 101.55 feet;
222. Thence N. 38'401'55"W., a distance of 03.58 feet;
1331 17th Street Suite 900 Denver, Colorado 80202 "Velephone: 7201.946.0960 6 acsimfle120.946M,73
223.Thence N. 83*2'2'2�2"W, a distance of 06.06 feet;
224.Thence S. 90*00'010"'W.,a distance of 08.2,6 feet;
225.Thence S. 88°38'14""W., a distance of 05.88 feet;
22'6. Thence N. 86"18'42"W.,a distance of 04.35 feet;
227. Thence S. 74*12'36"W,a distance of 07.71 feet;
228. Thence N. 86-37"01"W,a distance of 15,,2'1 feet,-
229. Thence N. W27'16"W, a distance of 03.76 feet;
2301. Thence N.64"2'7"29""'''w .,, a distance of 03.57 feet;
231.Thence N. 76*04'511"'W.,a distance of 04.35 feet;
232. Thence N. 72*33'57"W, a distance of 0!5.14 feet;
233.Thence N. 65'47'23"'W., a distance of 03.07 feet;
234.Thence N. 87'30'45"W, a distance of 03,.2'2 feet;
235.Thence S. 78'17"04"'W., a:distance of 07.58 feet;
236.Thence S. 66*29'05"W,a distance of 09.46 feet;
237. Thence S. 65'09151"W.,a distance of 06.32 feet;
238. Thence S. 56*19'54"1 W,a distance of 05.05 feet;
239. Thence S. 47"'37'35"W., a distance of 04.36 feet;
240. Thence S. 81'2115,"W., a distance of 06.51 feet;
2,41. Thence N:. 60'57'5,4"W, a distance of 07.20 feet;
2142.Thence N. 6,1'43'08"W., a distance of,06.20 feet;
2:43. Thence N. 551'48'22"W.,a distance of 018.46 feet;
244. Thence N. 58'00'5I7"W., a distance of 05.28 feet;
245. Thence N, 51"05'40"W., a distance of 04.68 feet,
246. Thence N. 80"13'35"W., a distance of 04.12 feet;
247.Thence S. 88'59'50"W.,a distance of 03.56 feet;
248. Thence N. 35'331'06"'l W, a distance of 02.36 feet;
249. Thence N:. 00'00'010"'E., a distance of 01.92 feet;
250.Thence N:.017'017'42"l E., a distance of 02.211 feet;
251.Thence N. 01'501'55"W., a distance!of 04.26 feet;
252,Thence N. 09"41'05"W., a distance of 07.66 feet;
253,.Thence N. 27'01'51"W,a distance of 08.0!1 feet;
254.Thence N. 18'27'00"W,a distance of 04.87 feet;
255. Thence N. 16'12'05"1 W.,a distance of 04.511 feet;
256.Thence N. 36*53'34"W., a distance of 04-90 feet;
257. Thence N. 23'31'22"W., a distance of 30:.56 feet;
258.Thence N. 14'52'58"M, a diistance,of 21.84 feet;
25,9.Thence N. 15'30'39!"W, a distance of 13,.33 feet;
2,60.Thence N. 11046'27"W, a distance of 03.97 feet;
261.Thence N.26'0'833,"'W., a distance of 091.55:feet;
1331 17th Street Suite 900 Deriver, Colorado 80202 1"elephone: 720,946.09160 Facsim0c: 7210,9146.0973
262. Thence N. 53'53'40"'W., a distance of 117.41 feet;
263,.Thence N. 75'50'20"W., a distance of 11.28 feet;
264.Thence S. 70*45'39"W., a distance of 101.07 feet,-
265:. Thence Si. 691'1 T02"W.,a distance of 03.09 feet;
266.Thence N. 77"54'401"'W., a distance of 05.59 feet,
267.Thence N. 63'26"48"'W., a distance of 04.012 feet;
2618. Thence N. 51048'561"W, a distance of 016.06 feet,-
269.Thence N. 35"27'34"W.,a distance of 05.65 feet;
270.Thence NI. 13'48'22"W.,a distance of 04.58 feet;
271. Thence N. 2'7'22'0:7"'W., a distance of 17.18 feet;
272.Thence N. 30,046�"371"W., a distance of 07.27 feet;
273. Thence N. 3 "14"58""'W., a distance of 07.61 feet;
2'74. Thence N:I.65'38'47"'W., a distance of 65.111 feet;
275.Thence N. 89!601:'46"W., a distance of 014.61 feet;
276.Thence N. 65,017'37"W., a distance of 015.42 feet;
277. Thence N. 65-0623"W., a distance of 07.23,feet;
278. Thence N.43*4324"W'., a distance of 01.86 feet;
2719!.Thence N. 07'15'2'4" E, a distance of 02.12 feet;
280.Thence N'. 30019'26, E., a distance of 02.88 feet;
281�. Thence N:. 22"19'47"" E., a distance of 013.913 feet;
282.Thence N. 16'04"22"' E.,a:,distance of 07.19 feet;
283. Thence N. 04'44"56"E.,a distance of 06.52 feet,
284.Thence Ni. 11*59'14"'W., a distance of 04.72 feet;
2,85,Thence N. 45'0119"W., a distance of 012'.97 feet;
2'86.Thence N. 25'5633"W., a distance of 015,.44 feet;
2,87.Thence N. 25*53'02"'W., a distance of 415.13 feet;
288.Thence N'. 05'51'38"'W, a distance of 05.48 feet,
289.Thence N. 416"51"21"" E., a distance of 09.37 feet,
290.Thence N. 0010018'39"'W., a distance of 015.77 feet;
291.Thence:N. 28o56'06"W., a distance of 06,88 feet;
292. Thence,N.42'46'1101"W, a distance of 015.16 feet;
293. Thence N. 70°14'61"'W., a distance of 06,.95 feet;
294.Thence N. 67'52,"14"W., a distance of 05.33 feet;
295.Thence N. 65028"02�"W., a distance of 05.11 feet;
296. Thence N. 63'27"1 7"W., a distance of 02.015 feet;
297. Thence N. 27'54'42"W., a distance of 012.86 feet;
298. Thence N. 38"4111"18""W., a distance of 04.66 feet;
299.Thence S.88'29"37"W., a distance of 0161.55 feet;
300.Thence Si. 801*591'57':'W., a distance of 014-77 feet;
....................... ......... -------
1331 1 7th Street Sulte 900 Denver, Colorado 80202 "Felophone: 720,946.0960 Facs,Jrnile: 720,946-0973
301.Thence S. 70040"48"'W,, a distance of 06-913 feet;
302. Thence S. 37*1620"W., a dlis,tance of 03.60 feet;
30131. Thence S. 02"01"21"W., a distance of 019.27 feet;
304, Thence S.23'25'212,"W.,a distance of 02.37 feet;
3015.Thence S, 79*2318,"'W, a distance of 02.28 feet;
306. Thence N. 61'43'09"W., a dlistance of 02.07 feet;
307.Thence N. 52'08'59"W., a distance of 011.60,feet,
308.Thence N. 36�'3355"W., a distance of 04.11 feet;
309.Thence N. 25°56"11"W.,a,dlistance of 051.90 feet;
310. Thence N. 3,5*17"10"'W., a dlistaince of 013.701 feet;
311.Thence N. 6,5021�'51"'W.,a distance of 02.76 feet
312. Thence N. 7446"08"W., a distance of 03.77 feet;
313.Thence N. 85004'31"W, a distance of 014.81 feet;
314.Thence S. 60'05'30"W.,a distance of 03.18 feet;
31,5, Thence S. 38018'15"W.,a dlistance of 06.00 feet;
316.Thence S. 49!024'47"W, a distance of 03.81 feet;
317.Thence S. 39'09'30"W, a dlistance of 04.58 feet;
318.Thence S. 13018'19"W, a distance of 014.67 feet;
319. Thence S.0:5'42'48"l W., a distance of 03.32 feet;
320.Thence S. 16"53"41 "W., a distance of 04.8�3 feet;
321.Thence S. 41050"04"'W., a distance,of 02.10 feet;
322. Thence N.60°16"03"'W., a distance of 011.33 feet;
32'3. Thence N. 30*39'491"W., a distance of 012.59,feet;
324.Thence N. 35'22'34"W.,a distance of 03.14 feet,-
325.Thence NI, 40028'35"W.,a distance of 03.69 feet;
326.Thence N.401'43:'05"l W., a distance of 04,99 feet;
327.Thence N.83'53"22"W., a distance of 01,56 feet;
328.Thence S. 88'56'04"W., a dlistance of 013.47 feet;
329. Thence S. 88'591'54"W., a dlis,tance of 091.59 feet-,
330.Thence S. 74'26'46"W., a distance of 08.17 feet;
3311. Thence S. 68'35'014"W., a dlis,tance of 04.22 feet;
332'.Thence S. 32°54"13 W.,a dlis,tance of 04.05 feet;
333, Thence S. 34'45'24"W., a diistainice of 03.76 feet;
334.Thence S.46'37'14"W.,a distance of 03.77 feet;
335.Thence S. 53°16'52"'W., a distance of 04.16 feet;
336. Thence S.47*02'11!3"W., a distance of 03,23 feet;
337.Thence S.49!'031'04"'W., a distance of 03.11 feet;
338. Thence S. 551001529"'W., a distance of 04.75 feet;
339.Thence S. 59*33'18"'W., a distance of 03.66 feet;
1331 17th Street Suite 900 Denver, Coiorado 80202 Telephone: 720.946.09:60 Facsimile: 720.946.0973
3401. Thence S. 501"051211 W.,,a distance of 03.47 feet;
341. Thence S. 00047'101"'W.,,a distance of 04.51 feet;
342. Thence S.00054140"' E., a distance of 03.89 feet,-
343. Thence S. 13,*1:16"48"'W., a distance of 03.25 feet;
344.Thence S. 43°30'12""W., a distance of 09.50 feet;
3!45,.Thence S. 30'59"04"W., a dlistance of 03-81 feet;
346. Thence S. 06"1'9'59'"W.,a distance of 1'8.3�2 feet;
347. Thence S. 06"3118" E., a distance of 09,012 feet;
348. Thence S. 2'7'38"26" E., a distance of 13,,05 feet,
349.Thence S. 53'29'316"'E.,,a distance of 13.5,6 feet;
350.Thence,S. 58'07'50:"E.,a distance of 07.13 feet;
351'.Thence S. 552650" E.,,a distance of 112.0191 feet;
352.Thence S. 42"21"42" E., a distance of 27.79 feet;
353. Thence S. 61*16'47"' E., a distance of 07.28 feet;
35,4. Thence S. 73*401'37" E., a dlistance of 12,45,feet;
3515. Thence S.74"591'36"l E., a distance of 17.50 feet;
366.Thence S. 78'41"5,6" E., a distance of 19.96 feet;
357. Thence S. 70P28'41"' E., a distance of 27.11 feet;
358.Thence S. 65*013"18" E., a distance of 2'6.36 feet;
359. Thence S. 51*42"101" E.,,a dlistance of 17-23 feet,-
360. Thence S.40'11 6'56" E., a d'istance of 07.46 feet,,
361.Thence S. 16"39'49" E., a distance of 11.68 feet;
362. Thence S. 019'12'06" E., a distance of 10.39 feet;
363.Thence S. 11!9'00'40" E., a d4stance of 13.29 feet;'
364.Thence S. 2'11"10"38" E.,, a distance of 13.69 feet;
365.Thence S. 03'19'48':'E.,, a distance of 17-74 feet;
366.Thence!S. 05°52''29'"W.,a distance of 12.27 feet;
367. Thence S. 19"07"01""E.,,a distance of 07-03 feet;
368,.Thence S. 50'50'27"'E., a distance of 08.73 feet;
369.Thence S.48'006'42"' E., a distance of 09.16 feet;
370,Thence S. 28'24'46" E., a dlis,tance of 018.66 feet,-
371.Thence S. 19!016'511 E.,, a distance of 07.53 feet;
372, Thence S. 33'42'41 E.,, a dlistance cf 08.17 feet,
373,. Thence S. 80'0381':2,8"l E.,, a distance of 20.26 feet;
374. Thence S.44'27"'22,"E.,, a distance of 14.71 feet;
375. Thence S. 00'00'00"l W., a distance of 10.91 feet;
376.Thence S.00'46'01*"W., a distance of 02.17 feet;
377.Thence S. 51'11!7'19"'W., a distance of 65.60 feet;
378. Thence S. 38°48"37" E.,, a dlistance of 112.15 feet;
--------------
1331 17th Street Suite 900 Denver, Colorado 80202 Telephone: 720.946.0960 Facsimile! 720-946.0973
379.Thence,S. 37'42"43"W, a distance of 016.11 feet;
380. Thence S. 36056"27"W., a distance of 0,5.83 feet;
381.Thence S. 180'5,4'051"W.,a distance of 09.59 feet;
382. Thence S. 14"45'07"W., a distance of 08.64 feet;
383. Thence S. 04*49"011"W., a distance of 13.98 feet;
384.Thence S. 05'15'56" E., a:distance of 11.19 feet,
385.Thence S. 11'53'481" E.,a dlustance of 05.70 feet;
386. Thence S. 26'59'18" E., a distance of 06.3,6 feet;
387.Thence S. 34'31'38" E., a distance of 05.70 feet;
388.Thence S. 56*54"19"E., a distance of 014.03 feet,
3,89.Thence S. 81'15"32"E., a dlistance of 03.86 feet;
390. Thence N. 76'52'26"E., a distance of 04.52 feet;
391. Thence N. 55'01'32" E., a distance:of 07.16 feet;
392'. Thence N. 53"51"34" E,, a dli�s,tance of 014.72'feet;
393.Thence N. 591*56'52"' E., a distance of 03.22,feet;
3194. Thence S. 75'04'41" E., a distance!of 04.56 feet;
395.Thence!S. 512'08'33" E., a distance of 03.35 feet;
396. Thence S. 52042'47" E., a distance of 03.87 feet;
397. Thence S. 67'50'49':' E., a distance of 04.28 feet;
398.Thence S. 43*46'04"E., a distance of 04.40 feet;
399!. Thence S. 43"10'14`1 E., a d1stance of 03.13,feet;
400.Thence S. 35'48'27"' E.,a distance of 03.79 feet;
401, Thence S. 42'44'25" E, a distance of 05.47 feet
40112, Thence S. 2,5"01'56" E., a distance of 03.93 feet;
4013. Thence S. 2,9"401517"' E., a distance of 015.40,feet;
4014.Thence S. 012*43"44"l E., a diis,tance of 013.74 feet;
4015. Thence S. 27'018'16" E., a distance of 013.89 feet;
4016. Thence S. 71,*23`32" E., a distance of 04.77 feet;
407. Thence S. 66'52"41'* E., a dlis,tance of 07'.11 feet;
408. Thence S. 54'09'31" E.,a distance of 06,.221 feet;
409. Thence S. 48"01'52�"' E.,a distance,of 05.59 feet;
410. Thence S. 36006"58"E.,a distance of 013,53 feet;
41:1'.Thence S.22917"57"E., a distance of 013.91 feet;
412.Thence S.010'50"52" W., a distance of 013.68 feet;
413.Thence S. 18'09'40"'W., a distance of 0434 feet;
414.Thence S. 015'55"12"W., a distance of 02.63 feet;
415.Thence S. 014032�'25" E.,a distance of 03.75 feet;
416. Thence S. 27'18"58" E.,a distance of 04.14 feet;
417.Thence S. 59'26'1 3" E.,a distance of 06.017 feet;
1331 17th Street Suite 900 Deriver, Colorado 80202 1"'elephone: 7201.946.096O Facsimilei 7210.046.01973
418.Thence S. 76'50'17"E, a distance of 03.88 feet;
419. Thence S.66'03"012" E,, a distance of 02.34 feet;
4201.Thence S.8559'17" E., a distance of 013.39 feet;
421. Thence N. 71'19'26"E., a distance of 04.26 feet
422.Thence N.82"2,4'34"E., a distance of 02.70 feet;
423.Thence N. 74'2754" E,a distance,of 05.51 feet;
424.Thence N. 71'14'54" E., a distance of 01.19 feet;
42'5.Thence S. 53*101'05" E., a distance!of 54.55 feet;
426.Thence S. 06'2,7'17"W., a distance of 06.76 feet;
427. Thence S. 26"05'41"W., a distance of 30.14 feet;
428. Thence S. 451'26'34"W., a distance of 21.49 feet;
429. Thence S. 45'32"07"W., a distance of 17.67 feet;
430. Thence S. 38"12'2,7"W., a distance of 16.77 feet;
431.Thence S. 47'19'56"W., a distance of 3'1.55 feet,
432. Thence S. 31'46'34"W., a distance of 11.121 feet;
433. Thence S. 02"17''31'" E., a distance of 05.63 feet;
434. Thence S. 16"42'35" E., a distance of 16.45 feet;
435. Thence S. 23"26'35" E.,a distance of 017.36 feet;
436. Thence S. 37'48'42" E, a distance of 13.96 feet;
437. Thence S. 38'58'09" E., a distance of 07,512 feet;
438. Thence S. 317'2'5'41" E., a distance of 09,63 feet;
439.Thence S. 20'24'07"' E, a:distance of 10.5:6 feet;
440.Thence S. 09'02'09!" E, a distance of 08.86 feet,
441. Thence S. 14'24'11"E.,a distance of 08.59 feet;
442. Thence S. 10°00"46""E., a distance:of 03.84 feet;
443. Thence S. 18°36"41'"W., a distance of 01.79 feet;
444, Thence S. 16021'44"W., a distance of 03.00 feet;
445. Thence S. 17011'54" E., a distance of 09-63 feet,-
446.Thence S. 11:'25'17" E., a distance of 15.84 feet;
447. Thence S. 11'00'28,"E., a distance of 15,.15,feet;
448, Thence S.0!13,"26'09"E., a distance of 091.09 feet;
449.Thence S.0113,"47'40"'W., a distance,of 17.42 feet;
450. Thence S.02'07"22" E., a distance of 19.67 feet,-
451.Thence S. 03"11"017"W, a distance of 13.44 feet;
452.Thence S. 18°51'41""W., a distance of 08.50 feet;
453.Thence S. 22'51'02"W., a distance of 09.2:8 feet;
454. Thence S. 01"16'26"W.,a distance of 10.13 feet;
455, Thence S.04'34'40"W., a distance of,00.55 feet;
456.Thence! N. 8,9"59"33"W., a distance of 55.28 feet;
.....................
1331 17th Street Suite 900 Denver, Colorado 80202 Tciephonie: '720.946.0960 1 acsimile: 720.946.01973
45,7.Thence on the arc of a curve to the rigihit, a radius of 207.001 feet, a central angle of 05101719", a
distance of 18.811 feet, ('a chord bearing NI. 87'23`24"W., a distance of 18.80 feet);
458. Thence N. 13`52`06"W, a distance of 010.36 feet;
459. Thence N. 00'00'00" E., a distance of 04.90,feet;
460.Thence N'. 03�'41'35"E, a distance of 06-71 feet;
461.Thence N.09'09'47" E,,,a distance of 07'.01 feet;
462. Thence N. 0160015113"W., a distance of 22.66 feet;
463!. Thence N. 00"39'42"W., a distance of 03�.61 feet;
464. Thence N. 26"1242" E., a dlistance of 03.75 feet;
465.Thence N. 114'46'011" E, a distance of 02.10 feet;
466. Thence N. 08'12'58" E., a distance of 015.29,feet;
467. Thence N. 64'53'47"' E., a distance of 04.24 feet;
468. Thence N. 68°'41"31" E., a dlistance of 05.29,feet;
469. Thence N!. 219'15'41" E., a distance of 03.44 feet;
470. Thence N. 101'05'08"W., a distance of 05.49 feet;
471. Thence N. 19'32'45"W., a dlistance of 07.90 feet;
472. Thence N. 017*5313"W., a distance of 07.88 feet;
473. Thence N. 1"71224"W.,a distance of 10.56 feet;
474.Thence N.0161647"W., a distance of 019-83 feet;
475. Thence! N. 07°12'"'41"W., a distance of 091-76 feet;
476.Thence,N. 13*26`41"W., a distance of 06.74 feet;
477.Thence:N. 27*26"017"W, a distance of 06.93 feet,
478.Thence N. 55'43'36"W., a distance of 014.64 feet,
479.Thence N. 63'01"16"W., a distance of 014.54 feet;
480,Thence K 38058"151"W., a distance of 17.68,feet;
481.Thence N. 33'31"53"W., a distance of 08.45 feet;
482. Thence N. 2,5001'04"W., a distance:of 18.02 feet;
483. Thence N. 20'54'10"'W., a distance of 06.71 feet;
484. Thence:N. 29*2918"W.,a distance of 05.93 feet;
4851. 'Thence,N. 34'00'0121"W.,a distance of 05.83 feet;
486. Thence N. 12036148"W'.,a distance of 11.63 feet;
48,7. Thence Ni. 01:031113"W.,a distance of 08.17 feet;
488.Thence N. 16"13'59" E.,al,distance of 11.18 feet;
489.Thence N. 32'23'31" E., a distance of 10.26 feet;
490.Thence N. 38'1655" E., a distance of 14.47 feet;
491. Thence N. 41'43'001"l E., a distance of 16.68 feet;
492.Thence N. 31'19'35" E., a distance of 25.56 feet;
493. Thence N. 23'30'44" E.,a distance of 16.94 feet;
494. Thence N. 12009"48"E., a distance of 117-48 feet",
1331 17th Street Suite 900 Denver, Colorado 80202' Telephone: 720.946,0960 FacsjmPe: 7201.946 0973
495.Thence N. 19'54'25" E., a distance of 06.09 feet;
496.Thence N'!. 03"45'51"W'., a distance of 07.05 feet,-
497. Thence N'!. 31'08'07"W., a distance of 03.09 feet;
498,. Thence N. 33*50'22"'W.,a distance of 05.821 feet;
499. Thence N. 69"42'54"W., a distance of 03.12 feet;
5001. Thence N. 76'14'45"'W., a distance of 04.43 feet;
501. Thence S. 8900V01"'W., a distance of 04.19 feet;
5012. Thence S, 80'32'39"W.,a distance of 03-57 feet',
50:3. Thence S. 72'1307"W.,a distance of 013.29 feet;
504. Thence N. 86°50'07""'W.,a distance!of 04.94 feet;
50!5.Thence N'!. 67*'52'37"W., a distance of 031.50 feet;
51061.Thence N. 58'34':22"'W., a distance of 06.17 feet;
507. Thence,N. 27'35'48"W.,a distance of 0:51.02 feet;
508.Thence N. 34'50'08':'W., a distance of 06.20 feet,
509. Thence N. 37'15'0115"W., a distance of 014,61 feet;
5101.Thence . 8530`56"W., a distance of 03�.00 feet;
511.Thence S. 74'41'05"W., a distance of 02.86 feet,
512.Thence N. 8,7047'54":W., a distance of 03,82 feet;
513. Thence N'i. 49°06'116'"W., a distance of 05.82 feet;
51:4. Thence N. 17'00"04"W.,a distance of 05.52 feet
515. Thence:N. O'6'33'39"'W., a distance of 12.84 feet,
516.Thence N.05"018'05" E., a distance of 16.30 feet;
517.Thence N. 15'39'46"W.,, a distance of 151.34 feet,
518. Thence N. 019'55'56"W.,al,distance of 02,.90 feet;
519. Thence N. 31*26'43"W., a distance of 04.52 feet;
520. Thence N. 38*40'40"W., a distance of 015,.03 feet;
521. Thence,N. 32'0'4'27"W., a distance of 014.81 feet;
52,2.Thence N. 6505212"W, a distance of 02.48 feet;
52,3�.Thence N.47'42:'16'W., a distance of 02.98 feet;
524.Thence N. 29139'25"W., a distance of 04,001 feet;
525.Thence N. 25*42'41"'W., a distance of 06.14 feet;
526,Thence N. 50'43'29"'W., a distance of 05.17 feet;
527.Thence Ni. 88'2'3*14"W., a distance of O'6.46 feet;
52'8.Thence S. 78"49'54"W.,a distance of 07.51 feet,
529.Thence . 90'00'00"'W., a distance of 02.44 feet;
530.Thence N. 16'35'19"W., a distance of 49,.66 feet;
531.Thence N. 16037'40!" E., a distance of 00.17 feet;
532'. Thence N!. 33'09"05" E.,a distance of 11.76 feet;
533.Thence N. 58"00'41"E, a distance of 06.92 feet;
1331 17th StrPet Suite 900 Denver, Coforado 80202 1 elephom 720.946.0960 F�.icsiryfile- 7M946.0973
534. Thence N. 63004`58" E., a dlistance of 08.87 feet,
535.Thence N. 54*56'58" E., a distance of 014.50,feet;
53�6. Thence N. 3903914"'E., a distance of 019.47 feet;
537. Thence Ni. 15'32'101"W.,a dlistaince of 03.85 feet,
538.Thence NI. 27'46'401"W., a distance of 04.42 feet;
5139. Thence N. 64'40"22"W., a distance of 04.33 feet;
5,40. Thence S. 81"017'37"W., a distance of 6'6.6,7 feet;
541. Thence S. 73'01'03"W., a distance of 05.72 feet;
542. Thence N.8,0052'28"W., a distance of 02.68 feet;
543, Thence:N. 32-4645"W, a distance of 012,52 feet;
544.Thence NI, 31"54'26"W., a distance of 6'2.58 feet;
545,.Thence N. 340'1,9"09"W., a distance of 01.30 feet;
546, Thence N. 72'47'55"W.,a distance of 013.411 feet;
547. Thence N. 71*34'47"W.,a distance of 014.56 feet
5,48,. Thence S. 66"03'20"W., a dlis,tanice of 016.09 feet;
549.Thence N.87'30'43"W,, a distance of 0474 feet;
550.Thence N. 80'13'33"W., a distance of 06.06 feet;
551. Thence Ni. 55,025'46"'W.,a dlistance of 0'7.26 feet;
552. Thence N'. 50'°13"01"'W.,a distance of 06.44 feet;
5153.Thence N. 57023�'3,91"'W., a,distance of 04.37 feet',
554.Thence N. 34"57"11"W., a distance of 03B7 feet;
555.Thence! N. 36*08'27"'W., a dlis,tance of 015.32 feet;
5516. Thence N.4303933"W, a distance of 012.84 feet;
557. Thence N.4823'17"'W., a distance of 01.15 feet;
558.Thence N':,44'34"26"W., a distance of 04.29,feet;
5591.Thence N':. 39'23'27"W.,a distance of 02,41 feet;
560.Thence N. 12'18'48"W.,a distance of 014.44 feet;
561.Thence N.06'29'15"W.,a distance of 013.17 feet
562.Thence N.09'50'301"W.,a distance of 05.46 feet;
563.Thence N. 10`"51"58"'W., a distance of 05,33 feet;
564.Thence N. 012*38'38"W,, a distance of 04.66 feet;
565. Thence N'i.00'51'18" E., a distance of 04.80 feet;
566.Thence N'!. 14'361'57" E., a distance of 05.00 feet;
567.Thence N. 13,'36"33," E., a distance of 07,28 feet,
568.Thence N',. 00'00'0:0" E,a distance of 05.28 feet,
5169.Thence N. 02'32'46"W, a distance of 05.66 feet;
570.Thence Ni. 02'5:6'14"'W., a distance of 04.91 feet;
571. Thence N':- 13`"40"21"" E., a dista'n'ce of 01.65 feet;
572.Thence N:.017'39:125"W., a distance of 012.72 feet;
1331 17th Street Suite 900 Deriver, Colom d a 80202 TOephone: 720'.946.0960 Facsimile: 720.946,0973
573.Thence N. 2334"09" E., a distance of 013.42 feet;
574. Thence N. 35"5,7'01" E.,a distance of 03.43 feet;
575.Thence N. 15°43"17'"E., a distance of 02.6,8 feet;
576. Thence N. 18'201'18"W., a distance of 02.23 feet;
577. Thence N.46'45'02"W.,a distance of 01.49 feet;
578. Thence N. 57037"57"'W., a distance of 02.06 feet;
579. Thence N. 818*26'18"W., a distance of 02.33 feet;
51801. Thence . 77'33"0011"W., a distance of 011.50 feet;
581. Thence S. 55*28'50�':'W.,, a distance of 03.061 feet;
582.Thence S. 61*48'37"W., a distance of 02.96 feet;
583. Thence N. 891*23"14"W,, a distance of 03,.48 feet;
584. Thence N. 61"43'09:"W., a distance of 03.18 feet;
585. Thence N. 71'34'43"W., a distance of 04.76 feet;
586. Thence N. 89*14'14"W, a distance of 015.38 feet;
587.Thence N. 5,8*12'00"W., a distance;of 04.31! feet;
588. Thence N. 52'0125"'W., a distance of 03.95 feet;
589. Thence N. 38"47"17""W., a distance of 04.12:feet;
590,. Thence N. 28"03'24"W, a distance of 02.44 feet;
5911. Thence N. 22'55'25"W'., a distance of 11.59 feet;
592. Thence N. 23*04"51"'W., a distance of 07.88 feet,
5193. Thence N. 32'21"17"'WW.,, a distance of 03.8,1 feet,-
594. Thence N.43,'24'31"'W., a distance of 081.68 feet;
595.Thence N.45*00'52"'W., a distance of 17.52 feet;
596. Thence N.49'08�"57"W., a distance of 13.510:feet;
597. Thence N. 48*04'0,8""W., a distance of 08.98 feet;
598.Thence N.4654'10"W., a distance of 09.83 feet;
599.Thence N.47'48'30""W., a distance of 11.12'feet;
6010.Thence N. 56'113133"W., a distance of 11.58 feet;
60:11. Thence N. 59'519'23"W, a distance of 10.58 feet;
60:2. Thence N. 56"19'53""W'., a distance of 14.111 feet;
603.Thence N. 3103322"W., a distance of 101.63 feet-,
604.Thence N. 00'00"00" E., a distance of 08.24 feet;
605.Thence N.07'43"42" E., a distance of 12.26 feet;
606.Thence N. 14'02'49" E.,a distance of 14.43 feet;
607. Thence N. 13*34'54"E.,a distance of 18.43 feet;
608.Thence N. 1500328"E., a distance of 19.83 feet;
609.Thence N'. 12'33'22"W, a distance of 07.601 feet;
6101.Thence N.22046"015"W., a distance of 10.1'6 feet;
611.Thence!N. 38*2,3"26"W., a distance of 014.63 feet;
___ I I... ............ ............... --------
1331 1 7th Street Suite 900 Deriver, Colorado 80202 'refephone: 720�,946.09�60 FacsjmRe: 720.946.0973
612.Thence N.8111*23'26"W'., a distance of 05.05 feet,-
613. Thence S. 78'°'41'55""WW., a distance of 04.63 feet;
614. Thence Si. 59'03'25"W., a distance of 08.82 feet;
615. Thence S. 51*58"32"W., a distance of 13,.25 feet;
616.Thence S. 50'41'146"W., a distance of 16,.22 feet;
617. Thence S. 83039'54"W., a distance of 10.96 feet;
618. Thence N.75*23'27"W., a distance of 10.79:feet;
619!. Thence N.43'01"44"'W, a distance of 09.54 feet;
620. Thence N. 32'35'44"W., a:distance of 06.46 feet;
621.Thence N. 35*05'53"W., a distance of 34.37 feet;
622.Thence N. 230,281,2811 W., a distance of 09.011 feet;
623,.Thence N. 15'04'13"W., a distance of 07.591 feet;
624. Thence N. 60'39'45"W., a distance of 11.34 feet;
6125.Thence N. 73'03'515':'W., a;,distance of 05.13 feet;
626. Thence N. 66'32'001"'W., a distance of 1'3.29:feet,-
627. Thence N. 58*56'02"W., a distance of 101,.50 feet;
628.Thence N.37"'07"51'"W., a distance of 051.71 feet;
62�9. Thence N. 0!6'2,0"36"'W., a distance of 11.15 feet;
63,01. Thence N. 04'16'35" E., a distance of 21.01 feet;
631. Thence N. 10"2624"W., a distance of 111.17 feet;
632.Thence N. 28*4645"W,a distance of 11.33 feet;
633.Thence N.40'35'02"W., a distance of 20.18 feet;
63,4. Thence N:. 20'45'20"W., a distance of 10.44 feet;
635. Thence N. 18*44'05"W, a distance of 09.22 feet;
636.Thence N.41*38'53"W,a distance:of 05.35 feet,
6�37. 'Thence N. 70049'48"W., a distance of 03.61 feet;
638. Thence S. 71"012119"W.,a distance of 05.01 feet;
639. Thence S. 29'3304"W.,a distance of 015.10 feet;
6401. Thence S.43*53'28"W,a distance of 015.34 feet;
641. Thence S. 73'37'016"W., a distance of 05.25 feet;
642.Thence N. 66*44'01"W., a distance of 08.28 feet;
643.Thence S. 90000"00"W., a!distance of 06.07 feet;
644. Thence S. 77"31'01"W., a distance of 09.28 feet;
645,.Thence S. 89'49'54':'W.,,a distance of 07.36 feet,,
646.Thence N. 48*44"33"W.,a distance!of 061.40 feet;
647. Thence N. 52019125"W.,a distance of 1017 feet,-
648.Thence N.25*54'34"W, a:distance of 114.09 feet;
649.Thence N:.0610"39" E, a distance of 19.36 feet;
650. Thence N.25°46'51'"E., a distance of 2,7.49 feet;
1331 17th Street Suite 900 Denver, Coforado 80202 1'elephone: 720-946.0960 Facsumi e: 720.946.0973
65,1. Thence N. 16'44'48" E., a distance of 43'.49 feet;
652. Thence N. 1:2031'04" E., a distance of 40125 feet;,
653,. Thence N. 14*09'32"W.,a distance of 27.82 feet;
6'54.Thence N.41'2636"'W.,a distance of 16.75 feet;
655. Thence N.49057'48'"W., a distance of 12.78 feet;
656'.Thence N. 44*38"48"W., a distance of 2'5'.76 feet;
657.Thence N. 32'2747"W, a distance of 22.22 feet;
658.Thence N. 14'25'40"W., a distance of 13.56 feet;
659. Thence N. 0600':00" E., a distance of 11.2'6 feet;
660. Thence N. 19028'46" E., a distance of 19,70 feet;
661,Thence N. 17"39'03" E., a distance of 31.312 feet;
662. Thence N. 1803638" E., a distance of 07.31 feet, more or less,to the TRUE POINT OF
BEGINNING'.
Area 4.86 Acres,,more or less.
;W
Date: 0,�2 LN
Project:
For and::on:Behalf of
David Evans and Associates, Inc.
Notes:
1.) NOTICE: According;to Colorado' law,you must commence any legal' action based upon any defect in this
survey Within three years after you first discovered such defect. In no event, may any action based upon
any defect in this survey be commenced more than ten years from the date of the certification shown.
2) Legal description was prepared by Michael,S, Mervin, PLS, 1331 17TH Street"Suite goo, Denver,CO 80202'.
------------ ---
1331 1'7th Street Suite 900 Denver, Colorado 8020'2 Telephone: 720.946.0960 Facsimile: '720.946,0973
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IMP
COILORADO
MEMO TO: Mayor Vandernail and the Board of Trustees
FROM: Beth Williams, Finance Manager
DATE: July 7, 2021
SUBJECT: Grand Kids Learning Center Funding Request
MATTER BEFORE BOARD:
Consider a $50,000 funding request for Grand Kids Learning Center.
BACKGROUND:
Grand Kids Learning Center is a nonprofit organization that provides childcare and education in
Fraser from infancy to pre-kindergarten. Grand Kids has suffered financial setbacks due to
COVID-19 as well as adding a second location and is seeking financial support from the Town
of Fraser, primarily to increase teacher pay so that tuition can remain affordable for families.
On March 11, 2021, The American Rescue Plan Act (ARPA) of 2021, also called the COVID-19
Stimulus Package or American Rescue Plan, a $1.9 trillion economic stimulus bill, was passed
by the 117th United States Congress and signed into law.
The purpose of the bill is to send relief to states and local governments affected by the COVID-
19 Pandemic allowing them to better respond to the resulting public health needs and economic
hardships that communities continue to experience nationwide.
Non-Entitlement Units (NEUs)
Local governments with populations under 50,000 will receive an allocation determined by the
U.S. Treasury that will be distributed by the state. The allocation amount is determined by the
U.S. Treasury based on population and needs within that population. The allocation will be
distributed in 2 separate tranches (payments). The first tranche will be distributed within 30 days
of the funding being issued to the state. The second tranche will be distributed no earlier than
one year after the first tranche was received.
Fraser has been allocated $333,289.78. These funds are to cover eligible costs that incurred
during the period that begins March 3, 2021 and ends December 31, 2024, as long as the
award funds for the obligations incurred by December 31, 2024 and are expended by December
31, 2026.
Uses of Funding:
• Support Public Health Response
• Address Negative Economic Impacts
• Replace Public Sector Revenue Loss
ry u r:', II N:::'�.
oh �:`N4"'Y .r �,',Br ..q M u �'•,„h A aru.P., V d'r�ggd, ti',V �"'u V� ° �,�W � .,I^6,d:V �P iI'.�,.0 °ntlr pA...",e
• Premium Pay for Essential Workers
• Water and Sewer Infrastructure
• Broadband Infrastructure
For example uses of funds, refer to the Coronavirus State and Local Fiscal Recovery Funds
Quick Reference Guide and the American Rescue Plan FACT sheet provided by the U.S.
Department of Treasury. For more detailed guidance, refer to the Compliance and Reporting
Guidance: State and Local Fiscal Recovery Funds also provided by the U.S. Department of
Treasury. (See July 7t" workshop agenda for attachments.)
FINANCIAL IMPACT:
Funding for this request is not budgeted. The funding could come from the Business
Enhancement Program (10-41-871) but modified to fit this type of request or the Grants and Aid
to Agencies (10-41-860). Business Enhancement Program has balance of$52,000 and Grants
and Aid to Agencies has a balance of$4,700.
RECOMMENDATIONS:
Based on the presentation Grand Kids Learning Center presented at the June 2nd Board
meeting, this funding request does falls in line with The American Rescue Plan Act of 2021.
One recommendation is to fund this request out of the Business Enhancement Program in the
amount of$50,000 for families in need of scholarship funds to help offset their increased tuition
costs due to covering the cost of teacher pay increases. Grand Kids Learning Center shall
utilize their scholarship system that is already in place and supported by their scholarship
committee to allocate these funds. Also, once the scholarships have been allocated, an update
to the Town Board regarding the number of children and families benefited.
Another recommendation is to fund this request out of the Business Enhancement Program in
the amount of$50,000 for the cost of increasing teacher pay. These funds will help cover the
annual difference from their current budget to the increase of the starting wage to $15 per hour.
71C1 B4k 3 „, „ A. � . , 'I
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Dear Town of Fraser Board,
We are writing to request $50,000 to support Grand Kids Learning Center (GKLC), the only non-
profit early learning center in Fraser and the only infant and toddler program in town. GKLC
currently provides high quality early learning for 54 students from 46 local families. We
currently operate 5 classrooms with room to open a 6th classroom if staffing can become
secure. We house our infant, toddler&junior preschool classrooms out of our Wapiti location
and our preschool & pre-kindergarten classrooms at our Eastom location. We have a level 4 out
of 5 through the Colorado Shines quality rating system and were voted 2020 Best in Grand for
childcare &teacher.
I would like to start by sharing a little about who we are and how we serve the Fraser Valley.
GKLC has a rich history of our organization even though we are technically just 2 %years old
operating as Grand Kids Learning Center. Originally, Grand Kids, the name we did business as
previously, ran independently by an all-volunteer parent board since 2004 after Wapiti Child
Care Center Parent Organization was incorporated as a non-profit organization under the IRS
section 501c3 guidelines. Grand Kids ran 3, and eventually 4 successful classrooms (infant,
toddler, & 2 preschool rooms) out of our Wapiti Meadows housing addition location. We were
operating in an outstanding position and with full enrollment leading up to our change in
structure.
In the late summer of 2018 things changed for us, however. This is when we were approached
by the other long standing childcare center in Fraser, the Fraser Creative Learning Center, to
merge with them as they were down to two teachers and could not sustain on their own
without strong staff, including a missing director. We knew this would not be financially
beneficial for Grand Kids, but we also knew it was vital to continue to offer care for our
community to help sustain the workforce in our Valley. We worked as hard as we could to get
things in place by September 2018, for no children to lose care. This is when we began as Grand
Kids Learning Center, at our 150 Eastom Ave. location.
Being late in the year and just a month and a half to prepare for this transition, we worked
diligently to prepare for the merger. We were immediately faced with several challenges that
continued into 2019 leaving us financially vulnerable. Some of the issues to note are that we
did not have enough time to attract and hire additional staff to operate the two locations at full
capacity, major building issues that had to be addressed immediately and not having proper
history to budget for the new location. Not to mention the minor adjustments such as a phone
system that families could call one number and reach both locations.
Although 2019 left us with a deficit, we had learned a lot throughout the year and had made
necessary adjustments and planned accordingly to be in a financially sound place by the end of
2020. Well, as we all know, 2020 did not give us the year we had worked towards. Without
receiving a PPP loan, we would not have had the finances to reopen our center up after two
months of closure. The regulations that we must follow created several challenges for our
organization, like all, that we had to adjust and manage. We ended 2020 with a $-46,644.24
loss.
As we planned for 2021, we for the first time had to approve a budget with an anticipated
deficit of$54,397. This was only including a minimal 1-2% raise across the board and the
teachers' average wage at $14.19. That includes teachers that have worked with our
organization for up to 14 years. We also initiated a $3 per day rate increase in all our
classrooms just to support those raises.
Our community is growing, and we want to grow too but we need help to get there. Through
analysis of our organization, teacher pay has been identified as our biggest weakness in
attracting new teachers and retaining quality teachers. Our teachers, even assistants, are
required to have several credentials ranging from being First Aid & CPR certified to needing
college level credits to be with students. The pay we can offer does not meet the expectations
that are asked of them simply through state requirements, not to mention our high-quality
expectations.
We conducted staff surveys at the end of April and lack of pay combined with the cost of living
in our valley was echoed over and over through the 13 teachers that completed the survey.
One teacher stated in their survey, "I believe that I shouldn't have to worry about my finances
as much as I do. If I have a big expense to pay (i.e., car or medical bills) I feel worried if I can
afford it and then I have to sacrifice a lot of my personal time to babysit to make ends meet."
Another teacher wrote, "The cost of living is high and at times it makes me want to look at
other jobs I may not like as much only because of higher pay and less stress with my finances."
Additionally, when given 9 different benefit options to choose what was most important to
them, 8 out of 13 teachers listed higher pay without benefits would be the most important to
them. Our board of directors listened closely to these needs and concerns of our current staff
and are actively working to not only keep the teachers we have, but also to help attract new
teachers with the 5 openings we will have by July of this year.
The best solution we have produced to aid in the retention of teachers and to maintain full
enrollment that will in turn support our working families in the community is to increase our
minimum teacher wages from a starting wage of$13 per hour to a starting wage of$15 per
hour and then adjusting the rates accordingly based on their position.
As a nonprofit childcare, we do not have the funds to simply make this happen, especially after
the hardships we have encountered since 2018. We are already committed to more fundraising
efforts and grant writing. However, these are not guaranteed, and we need more consistent &
sustainable funds to ensure the safety of our teachers' wages. We have two solutions in mind.
One, simply increasing teacher pay with your support of$50,000 to cover the annual difference
from our current budget to the increase starting wage to $15 per hour. This solution would
also come with a rate increase for next year with the commitment to continue to increase
annually to stay up with cost-of-living increases.
The other solution we have is to increase our parent tuition by$10 per day in all classrooms.
That would raise our most expensive classroom (infant) tuition from $60 per day to $70 per day
and our oldest least expensive classrooms from $45 per day to $55 per day. This would cover
the cost of pay increases for the teachers, however it would be a huge financial hit to our
families after already increasing rates by $3 per day just this year and coming off covid
challenges. The average yearly increase would cost families over$2,000 a year per child. This
increase will hurt our working families hard and could affect their ability to continue working.
With that being said, the $50,000 would be available for families to apply for scholarships funds
to offset this increase in their tuition costs. Families would have to apply for the scholarships
and show financial need to receive assistance. This scholarship system is already in place and
could be supported by our already established scholarship committee. Currently the only
scholarship funds we have available for families requires them to show they are above the
CCCAP qualifications but also below 300% poverty level. These requirements exclude many
families that could truly benefit from financial assistance. For understanding, a family of 4 that
makes over$6,000 per month is over the 300% poverty level and cannot qualify for the
assistance. A family of 3 that makes over $5,000 per month is also over the 300% poverty level.
Thank you so much for the opportunity to be heard and we look forward to presenting you with
a PowerPoint with additional details and financial documents to support our request.
Sincerely,
Grand Kids Learning Center Board of Directors
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COILORADO
MEMO TO: Mayor Vandernail and the Board of Trustees
FROM: Beth Williams, Finance Manager
DATE: July 7, 2021
SUBJECT: KFFR Funding Request
MATTER BEFORE BOARD:
Consider a $20,000 funding request for KFFR.
BACKGROUND:
KFFR community radio suffered significant financial setbacks during COVID-19. There is growth
potential for the station, but support is needed to make that possible. KFFR Manager Steve
Skinner is requesting just over$20,000 in funding for general support.
On March 11, 2021, The American Rescue Plan Act (ARPA) of 2021, also called the COVID-19
Stimulus Package or American Rescue Plan, a $1.9 trillion economic stimulus bill, was passed
by the 117th United States Congress and signed into law.
The purpose of the bill is to send relief to states and local governments affected by the COVID-
19 Pandemic allowing them to better respond to the resulting public health needs and economic
hardships that communities continue to experience nationwide.
Non-Entitlement Units (NEUs)
Local governments with populations under 50,000 will receive an allocation determined by the
U.S. Treasury that will be distributed by the state. The allocation amount is determined by the
U.S. Treasury based on population and needs within that population. The allocation will be
distributed in 2 separate tranches (payments). The first tranche will be distributed within 30 days
of the funding being issued to the state. The second tranche will be distributed no earlier than
one year after the first tranche was received.
Fraser has been allocated $333,289.78. These funds are to cover eligible costs that incurred
during the period that begins March 3, 2021 and ends December 31, 2024, as long as the
award funds for the obligations incurred by December 31, 2024 and are expended by December
31, 2026.
Uses of Funding:
• Support Public Health Response
• Address Negative Economic Impacts
• Replace Public Sector Revenue Loss
• Premium Pay for Essential Workers
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• Water and Sewer Infrastructure
• Broadband Infrastructure
For example uses of funds, refer to the Coronavirus State and Local Fiscal Recovery Funds
Quick Reference Guide and the American Rescue Plan FACT sheet provided by the U.S.
Department of Treasury. For more detailed guidance, refer to the Compliance and Reporting
Guidance: State and Local Fiscal Recovery Funds also provided by the U.S. Department of
Treasury. (See July 7t" workshop agenda for attachments.)
FINANCIAL IMPACT:
Funding for this request is not budgeted. The funding could come from the Business
Enhancement Program (10-41-871) but modified to fit this type of request or the Grants and Aid
to Agencies (10-41-860). Business Enhancement Program has balance of$52,000 and Grants
and Aid to Agencies has a balance of$4,700.
RECOMMENDATIONS:
Based on the presentation KFFR presented at the June 2nd Board meeting, this funding request
falls in line with The American Rescue Plan Act of 2021.
One recommendation is to fund this request out of the Business Enhancement Program in the
amount of$20,000 for funding the professional studio capital project. This type of project could
be more in line with the Business Enhancement Program requests where the business provides
receipts/paid invoices for items purchased for the project and then the Town will reimburse
those items at that time. Or the Town gives the lump sum donation with the caveat that the
funds go towards the items listed for the professional studio in the documentation presented at
the Board meeting on June 2nd.
Another recommendation is to fund this request out of the Business Enhancement Program in
the amount of$20,000 for general operating costs.
nbr�u r: N:::�.
71C1 B4k 3 „, A. � . , 'I
April 20, 2021
Dear Town of Fraser,
This is a follow up for KFFR's request for financial assistance. As you all know some local businesses
took a financial hit during the ongoing pandemic. KFFR had to close the doors to local volunteers and
halt all fundraising events. Our one staff position was suspended for five months with the station
running on local volunteers. We have returned volunteer announcers to the airwaves and held a
successful membership drive during the crisis.
Despite these hardships KFFR continued to serve the community during the pandemic and local fire
emergencies. KFFR's daily"Coronacasf" was just received an Award of Excellence for Best Podcast
for small market radio stations by the Colorado Broadcasters Association. With this program we
provided crucial information to the local community about the local response and more.
An emergency infusion of funds would greatly benefit the station and allow us to grow and continue
the mission to provide public access radio that connects community members to one another and the
world.
Whatever funds we receive we will use to leverage support from the other local municipalities we
serve.
We are requesting that the town provide KFFR with funds for COVID relief in the amount of$20,000
for general operating.
If the town is more interested in funding a capital project we are also building a professional studio that
will help us create the infrastructure to grow and produce highly professional radio programs. The
budget for finishing this project is here:
Studio Buildout Completion Budget
Rubber floor materials - donated $0
Rubber floor installation - donated $0
Broadcast desk- donated $0
Record library shelving - donated $0
Acoustic panel kit $600
Doors, 6 units @500 ea $3,000
door installations, volunteer $0
water bottle filling station, donated $0
plumbing, finish bathroom, install bottle filling station $1,000
Heating system $4,000
finish acoustic windows, front studio, labor& materials donated $0
subtotal $8,600
Studio Equipment
Wheatstone Audio-over-IP 16 ch. Board $12,010
Wheatstone AoIP Blade $4,000
EV RE20 mics (3) $1,497
POP Filters (3) $177
Yellow Mic Arm(3) $975
Bushing Mounts (3) $276
Turntable $249
Turntable Preamp $49
Side by Side Monitor Mount $299
Grommet Mount Kit $15
Rolling Stool (3) $155
Executive Acoustic Panel (10) $385
Mounting Accessories $75
Total: $20,162
Thank you for your consideration of this assistance. If I can answer any questions please feel free to
contact me.
Sincerely,
Steve Skinner
Manager, KFFR
970 948-6974
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C O f0 R A D O
MEMO TO: The Fraser Town Board
FROM: Russell Pennington, P.E., Public Works Director
DATE: July 7, 2021
SUBJECT: Town of Fraser Comments/Special Use Permit for Mobile Concrete Plant
Mr. Mayor and Board of Trustees,
Attached is a Special Use Memo from Grand County for a proposed concrete batch plant that is
being proposed by Byers Peak Properties LCC to be located off of CR 721. Along with this
memo, we have attached another memo with County Planning Commission edits, and my
response dated 6/30/21 to the county.
The original memo from the county was submitted to the Town for comment on 6/8/21, one day
before the Special Use Permit went before the Grand County Planning Commission on 6/9/21.
Town Staff did not have time to provide comments nor attend the planning commission meeting.
My comments were sent to the county planner on 6/30/21 in hope that they will be reviewed and
considered by the Grand County Board of County commissioners at their meeting on July 13,
2021.
As stated in my comment letter to the county, I have a number of concerns about this proposed
concrete plant and the location. Without a Traffic Impact Study, the impact to the public safety,
the community and the roadways cannot be evaluated or mitigated. Additionally, with a
proposed use that may have impact on the public safety, the community, and the roadways, the
County Engineer has not been consulted with to review or provide comments. Water Rights is
also an important aspect of this application also.
If you have any questions or additional comments or concerns, please notify Town Staff.
I
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CERTIFICATE OF RECOMMENDATION
Planning Commission -June 91h, 2021
PROJECT NAME: Conerstone Holdings Concrete Batch Plant Special Use Permit
APPLICANT: Clark Lipscomb
LOCATION: 300 GCR 721
APPLICABLE
REGULATIONS: Grand County Zoning Regulations Section VI, Section 11.8 Special Use Permits, Grand
County Master Plan
ZONING: Forestry & Open / Residential Districts (Split Zoned)
ATTACHMENTS:
A. Vicinity Maps
B. Application and Narrative Letter/Project Summary
C. Site Plan
D. Draft Special Use Permit 2020-XX-XX
E. Easements
STAFF: Taylor Schlueter, Planner I
REQUEST: The Applicant is requesting a Special Use Permit for a mobile concrete plant.
I. APPLICATION NARRATIVE
Cornerstone Winter Park Holdings, LLC has purchased a CMI Rustler 12 mobile concrete plant
for the purposes of producing concrete for the local building industry. The proposed site is
zoned Forest/Open and is located east of the Colorado Adventure Park Tubing Hill in an area
that has been utilized for material stock piling and staging. The plant is a self contained plant
as specified in the brochure provided to Grand County Community Development. It is
screened from site with a large topsoil berm that will continue to increase in size over the next
several years with development of Byers Peak Ranch Filings 1 and 2. The plant is centrally
located to all of Grand Park's current construction projects and was purchased to supplement
concrete needs given the challenges associated with concrete production in Grand County
since Mountain Parks Concrete closed around two years ago. Permanent power was extended
to the plant in March of this year so a generator is not necessary to operate the plant.
The plant will use three primary materials to make concrete: sand, gravel, and cement. The
applicant states the three primary products will be purchased off site and delivered to the plant
as necessary. This plant is a small mobile batch plant not designed for large scale concrete
production like the Peak Materials facility or the now out-of-operation Mountain Parks
Staff Recommendation Cornerstone Holdings Special Use Permit
Planning Commission June 9th,2021
Concrete plant. The source of water to be utilized is the down gradient pond.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................
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II. STAFF ANALYSIS
Staff understands the high demand for concrete in the county and endeavors to ensure the
necessary concerns are being met. This means the applicant will have to provide the county
with verification that access, stormwater or air quality permits from the state are not
necessary.
Access to the site is from GCR 721 through the secondary parking lot of the Colorado
Adventure Park on the existing gravel roads to the site as shown on the site plan. Since
there is no anticipated increase in traffic trips, a CDOT access permit may not be required,
but it is up to the applicant to verify this to the county. If truck trip numbers remain small,
the limited number of concrete truck trips may not come close to the 20% of the existing
traffic at US 40 and GCR 721. The Applicant believes concrete deliveries to Cornerstone
related jobs west of US 40 will not result in any traffic on US 40.
The hours of operation are proposed to be lam to 7pm, Monday through Saturday as
necessary.
The Applicant does not anticipate any substantial traffic increase associated with the
2 I '"'ll iia,"I 11 El!El!
Staff Recommendaticn Ccrnerstone Holdings Special Use Fermit
Flanning Commission June 9th,2021
proposed mobile concrete batch plant and states much of the concrete produced are
destined for construction projects within a five mile radius of the concrete plant.
Additionally, it's primary area of service is intended to be within a five mile radius of the
Town of Fraser. Staff has not received projected traffic numbers, or an analysis of directional
distribution or projections of traffic on US 40. Both Staff and CDOT would prefer to see a
traffic impact analysis, but given the time constraints associated with completing a traffic
study and with the high demand for concrete in the county, Staff advises the applicant to
state in writing that there are no anticipated increase of traffic on US 40. In addition, the
routing of trucks will be required to avoid Norgren and should not filter through the Old
Town neighborhood of the Town of Fraser.
As the materials are purchased off-site and not mined at the site, the Applicant anticipates
that no DMRS permit will be required for the operation of this mobile concrete plant. It will
not be utilizing sand and gravel products produced on site in any concrete to be sold off
site. No commercial gravel pit operation is proposed at the site.
The Applicant believes no permits related to air quality will be required for this self-
contained mobile concrete plant, which produces no dust from its contained cement silo
and dust collection system. When necessary, dust control on the access roads from GCR 721
to the site and any necessary on site will be handled with watering and/or mag chloride.
Only DOT certified concrete trucks will be utilized to deliver concrete from the mobile
concrete plant, consistent with all area concrete plants.
The site itself is located in a grade separated location that will drain to the drainage pond
shown on the site plan. The applicant states no erosion will leave the site and the pond acts
as a secondary containment back up, were any erosion to occur from the site.
The applicant must provide verification from the appropriate state and federal agencies that
no permits are required.
III. COMPLIANCE WITH THE GRAND COUNTY MASTER PLAN
The subject site in this application is located at 300 GCR 721 and is located within the Fraser
Urban Growth Area.
The Grand County Master Plan contains seven (7) Plan Elements that form the core of the
Master Plan. The Plan Elements include policies and implementation actions, of which two
(2) are relevant to this Special Use Permit proposal.
3 1II'"' a 11 El!
Staff Recommendation Ccrnerstone Holdings Special Use Fermit
Flanning Commission June 9th,2021
Plan Element 1 — Natural and Cultural Resources
Applicant will be required to manage erosion and sediment, drainage, water quality, air
quality and visual quality. Applicant states their intention to collect all storm water and direct
it to an existing water retention pond located on site. A Stormwater Discharge Permit issued
by the Colorado Department of Health, Water Quality Control Division may be required and
the applicant must demonstrate with a letter from the State that there is not a need of such
a permit.
No sky-lining of equipment or structures shall be allowed. This shall be made a condition of
any Special Use Permit.
Plan Element 2 — Land Use—Growth and Development
This proposal will help meet the growing need of providing concrete for construction in the
Fraser Valley, with relatively minimal associated impact when compared to similar operations
of larger scale.
IV. COMPLIANCE WITH THE GRAND COUNTY ZONING REGULATIONS
The proposed mobile concrete batch plant is a Use Permitted by Special Reiview in Grand
County Zoning Regulations Section VI, consistent with Section 11.8 (11). This section lists uses
allowed by special review including, construction business, heavy equipment storage areas,
and earth-moving businesses.
COMPLIANCE WITH SECTION 11.8 (11) Construction businesses, heavy equipment storage
areas and earth-moving businesses provided the following conditions can be met:
(a) The equipment storage areas can be adequately screened from public highways and
adjacent lands
The proposed site is well screened. The Applicant has already installed a large topsoil berm,
effectively screening from GCR 721 with dirt walls up to twenty-five feet (25') tall. The
southern and eastern ends of the property are nestled against the base of the adjacent
Colorado Adventure Park's operating hill and thus hidden from public view.
(b) Truck traffic to and from such use shall not create hazards to Residential and Tourist areas
County zoned Residential exist to the northwest of the site. If truck routing is limited to CR
721 and CR 72, there should be minimal disruptions as much of the zoning along CR 72 is
Business.
4 II:°, i':;i Eu
Staff Recommendation Cornerstone Holdings Special Use Fermit
Flanning Commission June 9th,2021
According to the applicant, given the finite number of concrete jobs in this area, the traffic
associated with concrete trucks will remain the same but may destined for different
locations. With the primary purpose being to serve the Cornerstone related projects, the
traffic is projected to be less on US 40 than if trucks were coming from Peak or Mountain
Parks Concrete when the plant is in use. Estimated concrete needs in Grand County are
around 60,000 cubic yards per year according to the applicant. Mountain Parks Concrete
served a significant portion of this cubic yardage and since closing, those concrete trucks are
sourced from other locations, moving the concrete traffic trips, but not increasing there.
Given the very small scale of this mobile concrete plant, a small number of trips will be
rerouted but the Applicant anticipates no meaningful change in concrete traffic will occur
given the finite demand.
(c) Truck traffic to and from such use shall not unduly damage public road
The following language will be provided in Exhibit A of the SUP:
During the term of this Permit, if any dornoge or injury is caused to County
Road 721 or CR 72, said County Road being the public right-of—way over which
materials will be transported when collected from the permit area, then and in
that event, the County shall give written notice to the Permittee specifying the
damage which is being caused by the Permittee's operation. Within ten (10)
days after such written notice, which shall be deemed to have been furnished at
the time of mailing to Permittee at its address shown on this Permit, Permittee
shall correct its operation to eliminate such damage and at its expense, repair
the damage alleged to have been caused to the county road. If Permittee
denies responsibility for the damage alleged to have been caused by its
operation, then and in that event, Permittee shall furnish written notice to the
Board of County Commissioners of the County of Grand of its denial of liability
within ten (10) days. Within twenty (20) days after receiving said written notice
of denial of liability, the Board of County Commissioners of the County of
Grand shall hold a Public Hearing. After hearing evidence regarding the
alleged damage and the responsibility of the Permittee for such damage, the
Board of County Commissioners of the County of Grand shall make findings
regarding Permittee's liability or non-liability. If Permittee is found responsible
for injury to County Roads 721 and 72, it shall so be advised in writing as
provided for above in case of notice, and shall have ten (10) days in which to
comply with the decision of the Board of County Commissioners of the County
of Grand. Failure to comply with these provisions by the Permittee shall
automatically result in the termination of this Permit Amendment and
Permittee shall immediately cease operation.
51 II:°, a 'i;a �:
Staff Recommendation Cornerstone Holdings Special Use Fermit
Flanning Commission June 9th,2021
(d) The use shall not create offsite negative impacts such as water pollution, noise, dust, glare
and odor.
With regard to the Concrete Batch Plant, the applicant will need to describe how the water
will be used to produce the concrete. Water is anticipated to be pumped from the pond
and used in the operation. No washing of gravel or production of concrete will be
permitted until acceptable verification from the state is provided. The applicant must
provide approvals received from the state for the use of the pond.
In the event a stormwater management permit is required for the site, the Applicant has to
indicate whether one would be obtained.
The applicant needs to clarify and identify equipment to be contained within this operation
including. Staff has named equipment based on what was seen in the aerial photos provided
by the applicant including onee (1) concrete batch plant. Other equipment such as any
wash plant, scale house, office trailer or portable toilets, etc. have not been identified and
should be identified by the applicant.
If lighting is proposed, all lighting shall be hooded and downward facing. Signage shall
comply with the requirements outlined within Section 13.3 of the Grand County Zoning
Regulations.
The Applicant has made comments satisfying staff conerns about the possibility of excess
dust, stating that the mobile batch plant contains a dust-collection system, and that dust
resulting from truck trips will be controlled on the access road (GCR 721) as needed, by the
Applicant.
Standard hours of operation for similar operations in Grand County have been established
as Monday through Saturday, 7 am to 7 pm. This shall be made a part of any approved
Special Use Permit.
(e) A narrative statement describing the operation —this condition has been met
(fl A site plan drawn to scale showing man-made structures, surface water drainage and
access routes in the immediate area.
Applicant has provided Staff with an aerial of the site (see below).
Staff Recommendation Cornerstone Holdings Special Use Permit
Flanning Commission June 9th,2021
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(g) A vicinity map — this condition has been met
(h) A screening plan —this condition has been met
V. STAFF RECOMMENDATION
Staff recommends the conditional approval of the Cornerstone Holdings Mobile Batch Plant
Special Use Permit with the following conditions to be met prior to issuance of a SUP:
1.) The SUP will be granted for an initial term of one year.
2.) The applicant will clarify and identify equipment to be contained within this proposed
operation.
3.) The applicant should state in writing there are no anticipated increases of traffic on US
40.
4.) the routing of trucks will be required to avoid Norgren and should not filter through
the Old Town neighborhood of the Town of Fraser.
5.) The Applicant will provide documentation that the operation meets requirements of
Staff Recommendation Cornerstone Holdings Special Use Fermit
Flanning Commission June 9th,2021
the Colorado Department of Public Health & Envirnoment (CDPHE), i.e., provide
documentation the on-site equipment meets Colorado air quality standards and
provide verification from the appropriate state agencies that no permits are required.
6.) A Stormwater Discharge Permit issued by the Colorado Department of Health, Water
Quality Control Division may be required and the applicant must demonstrate with a
letter from the State that there is not a need of such a permit.
7.) The applicant must provide approvals received from the state for the use of the pond.
8.) A Stormwater management permit may be required and the applicant must
demonstrate with a letter that there is not a need of such a permit.
9.) No sky-lining of equipment or structures shall be allowed. This shall be made a
condition of any Special Use Permit.
10.) The applicant will identify all equipment to be used on site.
11.) All signage shall be permitted and comply with the requirements outlined within the
Grand County Zoning Regulations. If lighting is proposed, a detailed lighting plan shall
be provided.
12.) All conditions contained within the Stormwater Management Plan must be complied
with.
13.) The Applicant will provide proof that the operation will not require a Stormwater
Discharge Permit from CDPHE.
14.) Permittee shall be responsible for controlling and maintaining the site in attractive
condition at all times. No junk or other debris shall be allowed to accumulate on the
site.
15.) Hours of operation shall be Monday through Saturday, 7 am to 7 pm. The applicant
shall provide details of the proposed duration of the operation.
16.) In the event of observed high trip totals on US 40 or local streets, the Applicant may
be required to submit to Community Development a Traffic Study.
17.) No trucks will access US 40 from Eisenhower Drive in Fraser. All trips accessing US 40
will be routed through GCR 721 and to the intersection of GCR 72, and will use GCR 72
to access US 40.
81 II:°, a lig �:
Staff Recommendation Cornerstone Holdings Special Use Fermit
Flanning Commission June 9th,2021
18.) The applicant shall provide an approved access permit from the Town of Fraser for CR
721.
19.) That all standard language and conditions of Grand County Special Use Permits shall
be made part of any approved permit for this request, under the following headings,
as follows:
• Control of Site
• Noxious Weed Control
• Site Maintenance
• Rehabilitation of Site
• Storage of Abandoned Equipment
• Compliance with County, State and Federal Regulations
• Limitation of Liability
• Alteration of Terms and Conditions
• Access and Right to Enter Site
• Abandonment
• Violation of Terms and Conditions
• Termination
9 II:°, a 011
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C OIL O R A DO
MEMO TO: Taylor Schlueter, Planner I
FROM: Russell Pennington, P.E., Public Works Director
DATE: June 30, 2021
SUBJECT: Town of Fraser Comments/Special Use Permit for Mobile Concrete Plant
COMMENTS:
The Town of Fraser(Town) appreciates the opportunity to provide Grand County comments in
regards to the proposed Special Use Permit for a mobile concrete plant located in Grand
County. Since the Town owns the roadways that will be used to access to and from this
proposed concrete plant, the Town has a vested interest in understanding the use and the
impact to the community and the roadways.
1. As the Town's Public Works Director, I am astonished to find out that the County's
Engineer has yet to be consulted with in regard to this SUP. In a recent discussion with
the County's Engineer, I discovered that he has not seen this application, nor has he
been asked to review. This decision by the county defies any logic due to the potential
implications to the Public's Safety, the community, and the roadways. It would be the
Town's recommendation that this application be reviewed by the County Engineer and
allow his comments to be entered into the record for this application before any
decisions are made.
2. The applicant shall specifically identify, and provide supporting documentation for, the
legal water source (decreed water rights, well permit, water supply contract, etc.), and
the physical source of water supply for the proposed use. In addition, the applicant shall
provide an estimate of the anticipated annual water demand and consumptive use for
the project.
3. Proposed Access Point to CR 721 —This Special Use Permit changes the use for the
proposed access point. A Traffic Impact Study that defines the impacts to this access
point, to public safety and to the roadways (US 40, CR 72, CR 721, etc.)will be required
by the Town of Fraser to evaluate this proposed use.
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4. Vehicles that supply this proposed batch plant with materials shall not access the site
though any Town roadways other than CR 72 and CR 721. This restriction also pertains
to the concrete trucks with the exception being for local deliveries.
5. The public safety of vehicular traffic, pedestrians, and bicyclist is the utmost importance
to the Town of Fraser. The Town has noticed an increasing amount of traffic and use on
CR 72 and CR 721. Without a Traffic Impact Study, there is no way to understand the
impact to public safety, the community, and the roadways. The Town is requesting that
the Applicant provide a Traffic Impact Study as part of this application. As stated above,
if the proposed access point is planned to be used, the Traffic Impact Study will be
required for the change in use for the existing access point.
The county Staff Memo that was presented to the Town of Fraser on 6/8/21, the day
before the 6/9/21 Planning Commission meeting states that "there is no anticipated
increase in traffic trips, a CDOT access permit may not be required." This statement is
not logical given the use being requested and can only be verified with the submittal and
review of a Traffic Impact Study. Town staff has contacted CDOT and CDOT informed
Town staff that CDOT will require an updated traffic analysis.
6. In regards to road damage, in the county memo provided to the Town on 6/8/21,
language was provided to address damage to the roadways. The Town of Fraser is the
owner of CR 72 and CR 721 along with a majority of the roads within the stated 5-mile
radius of the plant. It is Town staff's opinion that any agreements on this topic should
include the Town of Fraser and if anything, an agreement should be a three party
agreement mutually agreed upon by the Town of Fraser, Grand County and the
applicant.
7. The Special Use Permit is recommended not to be approved until the applicant has
provided proof that all Federal, State and Local requirements and permits have been
met and obtained.
8. The county memo provided to the Town on 6/8/21, stated that "given the time constraints
associated with completing a traffic study and with the high demand for concrete in the
county," county staff recommends that no Traffic Impact Study is needed and is requiring
simply a statement from the applicant that there is no anticipated increase of traffic on
US 40. Town staff completely disagrees with this approach and statement. The impact
to public safety, the community, and the roadways should not be ignored due to the
timing of this application. Public Safety and the impact to Fraser and the community
should be a priority and can only be understood or mitigated through the submittal and
review of a Traffic Impact Study. In addition to this, the statement being required from
the applicant only addresses US 40 and ignores the increased truck traffic on the Town
of Fraser roadways (CR 72 and CR 721).
9. In regards to maintenance of CR 721, will the county still be responsible for the
maintenance and repair of the damage caused from the increased truck traffic per the
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maintenance agreement with the Town. Will the county require the applicant to maintain
the roadway? I recommend that staff from the county and the Town should meet to
discuss the agreement and the specifics of the agreement(s).
10. During the County's Planning Commission meeting on 6/9/21, the SUP was apparently
changed from a 1-year term to a 5-year term with an option to review. Can the county
define how the permit will be reviewed during the 5-year term and will the county allow
renewals of this SUP? How will the county determine that there are high trip totals on
US 40, CR 72, or CR 721 and how will the county require the applicant to readdress
traffic impacts if so determined? How will the Town of Fraser be involved in this process
also?
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CERTIFICATE OF RECOMMENDATION
Planning Commission -June 9th, 2021
PROJECT NAME: Conerstone Holdings Concrete Batch Plant Special Use Permit
APPLICANT: Clark Lipscomb
LOCATION: 300 GCR 721
APPLICABLE
REGULATIONS: Grand County Zoning Regulations Section VI, Section 11.8 Special Use Permits, Grand
County Master Plan
ZONING: Forestry & Open / Residential Districts (Split Zoned)
ATTACHMENTS:
A. Vicinity Maps
B. Application and Narrative Letter/Project Summary
C. Site Plan
D. Draft Special Use Permit 2020-XX-XX
E. Easements
STAFF: Taylor Schlueter, Planner I
REQUEST: The Applicant is requesting a Special Use Permit for a mobile concrete plant.
I. APPLICATION NARRATIVE
Cornerstone Winter Park Holdings, LLC has purchased a CMI Rustler 12 mobile concrete plant
for the purposes of producing concrete for the local building industry. The proposed site is
zoned Forest/Open and is located east of the Colorado Adventure Park Tubing Hill in an area
that has been utilized for material stock piling and staging. The plant is a self contained plant
as specified in the brochure provided to Grand County Community Development. It is
screened from site with a large topsoil berm that will continue to increase in size over the next
several years with development of Byers Peak Ranch Filings 1 and 2. The plant is centrally
located to all of Grand Park's current construction projects and was purchased to supplement
concrete needs given the challenges associated with concrete production in Grand County
since Mountain Parks Concrete closed around two years ago. Permanent power was extended
to the plant in March of this year so a generator is not necessary to operate the plant.
The plant will use three primary materials to make concrete: sand, gravel, and cement. The
applicant states the three primary products will be purchased off site and delivered to the plant
as necessary. This plant is a small mobile batch plant not designed for large scale concrete
production like the Peak Materials facility or the now out-of-operation Mountain Parks
Staff Reconnmendation Cornerstone Holdings Special Use Permit
Planning Commission June 9th,2021
Concrete plant. The source of water to be utilized is the down gradient pond.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................
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II. STAFF ANALYSIS
Staff understands the high demand for concrete in the county and endeavors to ensure the
necessary concerns are being met. This means the applicant will have to provide the county
with verification that access, stormwater or air quality permits from the state are not
necessary.
Access to the site is from GCR 721 through the secondary parking lot of the Colorado
Adventure Park on the existing gravel roads to the site as shown on the site plan. Since
there is no anticipated increase in traffic trips, a CDOT access permit may not be required,
but it is up to the applicant to verify this to the county. If truck trip numbers remain small,
the limited number of concrete truck trips may not come close to the 20% of the existing
traffic at US 40 and GCR 721. The Applicant believes concrete deliveries to Cornerstone
related jobs west of US 40 will not result in any traffic on US 40.
The hours of operation are proposed to be lam to 7pm, Monday through Saturday as
necessary.
The Applicant does not anticipate any substantial traffic increase associated with the
2 Ii:;ll a 9';u :II
Staff Recornmendaticn Ccrnerstone Holdings Special Use Permit
Flanning Commission June 9th,2021
proposed mobile concrete batch plant and states much of the concrete produced are
destined for construction projects within a five mile radius of the concrete plant.
Additionally, it's primary area of service is intended to be within a five mile radius of the
Town of Fraser. Staff has not received projected traffic numbers, or an analysis of directional
distribution or projections of traffic on US 40. Both Staff and CDOT would prefer to see a
traffic impact analysis, but given the time constraints associated with completing a traffic
study and with the high demand for concrete in the county, Staff advises the applicant to
state in writing that there are no anticipated increase of traffic on US 40. In addition, the
routing of trucks will be required to avoid Norgren and should not filter through the Old
Town neighborhood of the Town of Fraser.
As the materials are purchased off-site and not mined at the site, the Applicant anticipates
that no DMRS permit will be required for the operation of this mobile concrete plant. It will
not be utilizing sand and gravel products produced on site in any concrete to be sold off
site. No commercial gravel pit operation is proposed at the site.
The Applicant believes no permits related to air quality will be required for this self-
contained mobile concrete plant, which produces no dust from its contained cement silo
and dust collection system. When necessary, dust control on the access roads from GCR
721 to the site and any necessary on site will be handled with watering and/or mag chloride.
Only DOT certified concrete trucks will be utilized to deliver concrete from the mobile
concrete plant, consistent with all area concrete plants.
The site itself is located in a grade separated location that will drain to the drainage pond
shown on the site plan. The applicant states no erosion will leave the site and the pond acts
as a secondary containment back up, were any erosion to occur from the site.
The applicant must provide verification from the appropriate state and federal agencies that
no permits are required.
III. COMPLIANCE WITH THE GRAND COUNTY MASTER PLAN
The subject site in this application is located at 300 GCR 721 and is located within the Fraser
Urban Growth Area.
The Grand County Master Plan contains seven (7) Plan Elements that form the core of the
Master Plan. The Plan Elements include policies and implementation actions, of which two
(2) are relevant to this Special Use Permit proposal.
31i:;ia1) El!
Staff Recommendation Ccrnerstone Holdings Special Use Permit
Flanning Commission June 9th,2021
Plan Element 1 — Natural and Cultural Resources
Applicant will be required to manage erosion and sediment, drainage, water quality, air
quality and visual quality. Applicant states their intention to collect all storm water and direct
it to an existing water retention pond located on site. A Stormwater Discharge Permit issued
by the Colorado Department of Health, Water Quality Control Division may be required and
the applicant must demonstrate with a letter from the State that there is not a need of such
a permit.
No sky-lining of equipment or structures shall be allowed. This shall be made a condition of
any Special Use Permit.
Plan Element 2 — Land Use— Growth and Development
This proposal will help meet the growing need of providing concrete for construction in the
Fraser Valley, with relatively minimal associated impact when compared to similar operations
of larger scale.
IV. COMPLIANCE WITH THE GRAND COUNTY ZONING REGULATIONS
The proposed mobile concrete batch plant is a Use Permitted by Special Reiview in Grand
County Zoning Regulations Section VI, consistent with Section 11.8 (11). This section lists
uses allowed by special review including: construction business, heavy equipment storage
areas, and earth-moving businesses.
COMPLIANCE WITH SECTION 11.8 (11) Construction businesses, heavy equipment storage
areas and earth-moving businesses provided the following conditions can be met:
(a) The equipment storage areas can be adequately screened from public highways and
ad,jacent lands
The proposed site is well screened. The Applicant has already installed a large topsoil berm,
effectively screening from GCR 721 with dirt walls up to twenty-five feet (25') tall. The
southern and eastern ends of the property are nestled against the base of the adjacent
Colorado Adventure Park's operating hill and thus hidden from public view.
(b) Truck traffic to and from such use shall not create hazards to Residential and Tourist
areas
County zoned Residential exist to the northwest of the site. If truck routing is limited to CR
721 and CR 72, there should be minimal disruptions as much of the zoning along CR 72 is
Business.
4 Ii:;,i a 9,) Eu
Staff Recommendation Cornerstone Holdings Special Use Permit
Flanning Commission June 9th,2021
According to the applicant, given the finite number of concrete jobs in this area, the traffic
associated with concrete trucks will remain the same but may destined for different
locations. With the primary purpose being to serve the Cornerstone related projects, the
traffic is projected to be less on US 40 than if trucks were coming from Peak or Mountain
Parks Concrete when the plant is in use. Estimated concrete needs in Grand County are
around 60,000 cubic yards per year according to the applicant. Mountain Parks Concrete
served a significant portion of this cubic yardage and since closing, those concrete trucks are
sourced from other locations, moving the concrete traffic trips, but not increasing them.
Given the very small scale of this mobile concrete plant, a small number of trips will be
rerouted but the Applicant anticipates no meaningful change in concrete traffic will occur
given the finite demand.
(c) Truck traffic to and from such use shall not unduly damage public road
The following language will be provided in Exhibit A of the SUP:
During the term of this Permit, d any damage or injury is caused to County
Road 721 or CR 72, said County Road being the public right-of-way over
which materials will be transported when collected from the permit area, then
and in that event, the County shall give written notice to the Permittee
specifying the damage which is being caused by the Permittee Is operation.
Within ten (10) days after such written notice, which shall be deemed to have
been furnished at the time of mailing to Permittee at its address shown on this
Permit, Permittee shall correct its operation to eliminate such da mage a n d at
its expense, repair the damage alleged to have been caused to the county
road. If Permittee denies responsibility for the damage alleged to have been
caused by its operation, then and in that event, Permittee shall furnish written
notice to the Board of County Commissioners of the County of Grand of its
denial of liability within ten (10) days Within twenty(20) days after receiving
said written notice of denial of liability, the Board of County Commissioners of
the County of Grand shall hold a Public Hearing. After hearing evidence
regarding the alleged damage and the responsibility of the Permittee for such
damage, the Board of County Commissioners of the County of Grand shall
make findings regarding Permittee' liability or non-liability. If Permittee is
found responsible for injury to County Roads 721 and 72, it shall so be
advised in writing as provided for above in case of notice, and shall have ten
(10) days in which to comply with the decision of the Board of County
Comm ssioners of the County of Grand. Failure to comply with these
provisions by the Permittee shall automatically result in the termination of this
51 Ii:;i a in e
Staff Recornmendaticn Ccrnerstone Holdings Special Use Permit
Flanning Commission June 9th,2021
PermltAmendment and Permittee shall immediately cease operation.
(d) The use shall not create offsite negative impacts such as water pollution, noise, dust,
glare
and odor.
With regard to the Concrete Batch Plant, the applicant will need to describe how the water
will be used to produce the concrete. Water is anticipated to be pumped from the pond
and used in the operation. No washing of gravel or production of concrete will be
permitted until acceptable verification from the state is provided. The applicant must
provide approvals received from the state for the use of the pond.
In the event a stormwater management permit is required for the site, the Applicant has to
indicate whether one would be obtained.
The applicant needs to clarify and identify equipment to be contained within this operation
including. Staff has named equipment based on what was seen in the aerial photos provided
by the applicant including onee (1) concrete batch plant. Other equipment such as any
wash plant, scale house, office trailer or portable toilets, etc. have not been identified and
should be identified by the applicant.
If lighting is proposed, all lighting shall be hooded and downward facing. Signage shall
comply with the requirements outlined within Section 13.3 of the Grand County Zoning
Regulations.
The Applicant has made comments satisfying staff conerns about the possibility of excess
dust, stating that the mobile batch plant contains a dust-collection system, and that dust
resulting from truck trips will be controlled on the access road (GCR 721) as needed, by the
Applicant.
Standard hours of operation for similar operations in Grand County have been established
as Monday through Saturday, lam to 7pm. This shall be made a part of any approved
Special Use Permit.
(e)A narrative statement describing the operation —this condition has been met
(0 A site plan drawn to scale showing man-made structures, surface water drainage and
access routes in the immediate area.
Applicant has provided Staff with an aerial of the site (see below).
Staff Recommendation Cornerstone Holdings Special Use Permit
Flanning Commission June 9th,2021
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V. STAFF RECOMMENDATION
Staff recommends the conditional approval of the Cornerstone Holdings Mobile Batch Plant
Special Use Permit with the following conditions to be met prior to issuance of a SUP:
1.) The SUP will be granted for an term of -_af of five years with an option to
review.
2.) The applicant will clarify and identify equipment to be contained within this proposed
operation.
3.) The applicant should state in writing there are no anticipated increases of traffic on US
40.
4.) the routing of trucks will be required to avoid Norgren and should not filter through
the Old Town neighborhood of the Town of Fraser except if there is a direct concrete
job located within the Town of Fraser.
7 Ii:;,ll a I,) Eu
Staff Recommendation Cornerstone Holdings Special Use Permit
Flanning Commission June 9th,2021
5.) The Applicant must comply with all local and state permits deEHFAeRtatiOR that th
epeFatieR rY „+r r R, s of the Gelei-ade DepaF+Rge4 of 12,14E E Health Q.
GRViFRGR�IeRtDU i nv r1PGVide dGG RmeRtatinn the 9R-Site eq iiPRmIeRt menu
ar eRGieS that ren Pnrrnitr -ern p- iirnrl l provided prior to ISSIaanCe of t11P_ SUS (use
standard requirements of the SUP).
7.) The applicant must provide- rn( -= t.rd from tl-,n r}-trf
verification that water rights of the pond is permitted for the requested use.
9.) No sky-lining of equipment or structures shall be allowed. This shall be made a
condition of this Special Use Permit.
10.) The applicant will identify all equipment to be used on site.
11.) All signage shall be permitted and comply with the requirements outlined within the
Grand County Zoning Regulations. If lighting is proposed, a detailed lighting plan shall
be provided.
12.) All conditions contained within the Stormwater Management Plan must be complied
with.
rliri-h Fge Dnrmit 49FA (,f PWF
14.) Permittee shall be responsible for controlling and maintaining the site in attractive
condition at all times. No junk or other debris shall be allowed to accumulate on the
site.
4-54 Hours of operation shall be Monday through Saturday, 7 am to 7 pm. Tho ppliea t
shall pine ii -I re details ref the prepeser-I d Fati9R ref the eperalier
47� In the event of observed high trip totals on US 40 or local streets, the Applicant may
81 Ii:;i a 9':a E'
Staff Recommendation Cornerstone Holdings Special Use Permit
Flanning Commission June 9th,2021
be required to readdress traffic impacts sHbA94 e CeAgPA r +„ r,,,velepigg 4 a TFa#i -
17.) No trucks will access US 40 from Eisenhower Drive in Fraser. All trips accessing US 40
will be routed through GCR 721 and to the intersection of GCR 72, and will use GCR 72
to access US 40 except if there is a direct concretejoh located within the Town of
Fraser.
18.) Applicant will provide an on-site wash-out area for the cleaning of the concrete trucks.
721.
20.) Provide standard SUP air pollution inversion language in the SUP (use Peak SUP
language)
21.) That all standard language and conditions of Grand County Special Use Permits shall
be made part of any approved permit for this request, under the following headings,
as follows:
• Control of Site
• Noxious Weed Control
• Site Maintenance
• Rehabilitation of Site
• Storage of Abandoned Equipment
• Compliance with County, State and Federal Regulations
• Limitation of Liability
• Alteration of Terms and Conditions
• Access and Right to Enter Site
• Abandonment
• Violation of Terms and Conditions
• Termination
9 Ii:;i a 9':a E'
ry i
I
I°il'ur Vlrluiortorov'a+`I
C O L O R A D O
MEMO TO: Mayor Vandernail and Board of Trustees
FROM: Catherine E. Trotter, AICP, Town Planner
DATE: June 30, 2021
SUBJECT: Staff briefing on floodplain mapping contract
MATTER BEFORE TOWN BOARD:
Approval of a professional services agreement with CORE Consultants, Inc to provide field
support to locate approximately 16 areas including detail FEMA sketches and pictures, to
provide office support to process field data, convert field codes to FEMA standards and to
coordinate with Michael Baker International and the Town of Fraser.
ACTION REQUESTED:
Approval of a resolution to enter into a contract with CORE to provide certified survey data for
hydraulic structures that meet the FEMA data capture standards in order to process a Letter of
Map Revision (LOMR)for the Town of Fraser.
EXECUTIVE SUMMARY/BACKGROUND:
!l-.ttpa,Himsc..:� .ma... o�/ oirtall/seaircl� Address ueir :::::IFiraseir°Y�2C�/�2000 sealrchlresulltsainclhloir
Link above to flood maps for Fraser. Approximate A zones are drawn based on existing
information, not engineering studies. See map below.
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Much of the downtown area highlighted for redevelopment in the Downtown Strategic Plan is
designated as Zone A. Because detailed hydraulic analyses have not been performed, no base
flood elevation (BFEs) or flood depths are shown.
We reached out to Colorado Water Conservation Board (CWCB) and asked if there is some
funding available to help Fraser with this project. CWCB coordinates the National Flood
Insurance Program (NFIP) in Colorado which Fraser participates in. The NFIP was created by
Congress in 1968 to protect lives and property and to reduce the financial burden of providing
disaster assistance.
We are working diligently to be proactive on redevelopment opportunities and ready when a
private investor comes knocking. We are fortunate that CWCB has contracted with Michael
Baker International to assist Fraser map areas of Town that currently don't have any BFEs
mapped. Flood risk will be updated and upgraded from Zone A to AE along 1.41 miles of
stream reaches. Results will be provided to the community by late summer with the intent of
having an approved LOMR by late fall 2021.
See attached executed Michael Baker International scope of services for the Town of Fraser
LOMR. The estimated baseline cost for Michael Baker to perform the scope of work is
$32,230.00. The Town of Fraser is responsible for providing survey documentation for
incorporation into hydraulic modeling. See CORE Professional Services Agreement with
surveying scope of services estimated to be $12,200.00
Per the Governance Policies under Financial Conditions and Activities 1.4.1. the Town Manager
shall not make a single purchase or commitment for any budgeted item greater than $40,000 or
any non-budgeted item over $10,000. Since this is a non-budgeted item over$10,000, we
are presenting this to the Town Board for consideration.
FROM FINANCE:
10-45-370 Other Professional Services
Budget: $90,000
Left in Budget: $62,837
This account includes $40k for Town Manager Recruitment which will not be used.
STAFF RECOMMENDATION:
Staff is recommending approval of Resolution 2021-07-01. Fraser is experiencing development
pressure and in order to be proactive and make the visions in the Downtown Strategic Plan
come to fruition, we need to move beyond our outdated floodplain mapping and update three
short reaches from Zone A to Zone AE. And a big thank you to CWCB for their financial and
technical assistance with this project!
Please contact me with questions/concerns. c..Lir� e..r. towirm„tiraseir„cojUS
V
VV liv 1,1v o P'c:c�: v w Y 61'i''".0 c o;:.'+w u"II
TOWN OF FRASER
RESOLUTION 2021-07-01
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE PROFESSIONAL SERVICE
AGREEMENT WITH CORE CONSUKTANTS, INC.
BE IT HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
1. The Mayor is hereby authorized to execute the attached Professional Services Agreement
with CORE Consultants, Inc.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS DAY OF 2021.
Votes in favor: BOARD TRUSTEES OF THE
Votes opposed: TOWN OF FRASER, COLORADO
Absent:
Abstained: BY:
Philip Vandernail, Mayor
ATTEST:
(S E A L)
Antoinette McVeigh, Town Clerk
Michael Baker
I N T E R N A T 1 0 N A L
April 27, 2021
Terri Fead
Flood Mapping Coordinator
Colorado Water Conservation Board
1313 Sherman St., Rin. 718
Denver, CO 80203
Re: Scope of Services and Fee for Town of Fraser Letter of Map Revision (LONIR)
Michael Baker International, Inc. (Michael Baker) is pleased to submit this proposal to the Colorado Water
Conservation Board(CWCB) to perform updated hydrology and hydraulics (H&H) and provide a Letter of
Map Revision(LOMR) for the Town of Fraser, CO. The proposed scope, anticipated deliverables, and
associated costs for this project are detailed below.
Period of Performance: 5/3/2021 (estimated)— 12/31/2021
Total Cost: $32,230
Scope of Work
The Town of Fraser, CO is experiencing increased development pressure and its effective mapping is
outdated, consisting of hydrology from 1984 and Zone A hydraulics from 2008. Grand County is planned
for a future countywide update to begin in the next few years following development of new terrain;
however, the Town has requested that three short reaches be updated from Zone A to Zone AE using the
most current information available. This scope is streamlined for that purpose; namely, to efficiently
produce a LOMR for the three identified reaches that includes updated H&H and mapping for the 1%
annual chance profile only.
Flood risk will be updated and upgraded from Zone A to AE along 1.41 miles of three effective stream
reaches and a potential 0.25 mile of new study, as shown in Table 1 and Figure 1. This includes verifying
or updating hydrology,performing 1 D hydraulic modeling with the incorporation of up to 23 structures,
floodway delineation, and floodplain mapping. Results are to be provided to the community by late
Summer with the intent of having an approved LOMR by late fall 2021.
Table 1. Summar of StudyReaches
Reach Length Structure
(mile) Count
St. Louis Creek 0.43 7
St. Louis Creek 0.25 0
Extension
Elk Creek 0.32 7
Fraser River 0.66 9
TOTAL 1.66 23
Town of Fraser LOMR P. 1 of 4
Michael Baker
I N T E R N A T 1 0 N A L
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Figure 1.Map of Study Reaches
Task-Specific Information and Assumptions
Topographic Data Development
Michael Baker will leverage the existing 2010 topography dataset(s)to create terrain models for this
Project. These datasets will be used for hydrologic analysis, hydraulic analysis, and floodplain boundary
delineation. We assume that these data will be provided by CWCB and cover the entire study area.
Survey Collection
The Town of Fraser will provide survey by May 24, 2021 in a format that is user-friendly and suitable
for incorporation into hydraulic modeling, such as as-builts and/or a point shapefile. It is assumed that
minor supplemental survey collection requests can be accommodated by the community without
iterative coordination. Channel bathymet y shots will be provided at a majority of structures by the
Town. All survey information will be accompanied by a transmittal letter stamped by a licensed
Professional Land Surveyor(PLS). The Town will also provide photographic documentation of each
relevant hydraulic structure (e.g., crossings, bridges, culverts, etc.). Michael Baker will not contract field
survey activities under this effort,nor perform field reconnaissance activities.
Town of Fraser LOMR P.2 of 4
Michael Baker
I N T E R N A T 1 0 N A L
Hydrologic Analysis
Michael Baker shall perform hydrologic analyses for the area identified in the table below (Summary of
Hydrologic Analyses). Hydrologic analysis activities include the determination of peak flood discharges
using gauge analysis and/or regional regression equations for the 1% annual chance event.
Hydraulic Analysis
Michael Baker will conduct 1D detailed, steady-state hydraulic analysis using HEC-RAS 5.0.7 or a
more current version for up to 1.66 miles on the three reaches shown in Table 1, including the
incorporation of up to 23 hydraulic structures. This analysis will include only the 1%recurrence interval
and floodway delineation.
LOMR Preparation
Michael Baker will prepare a streamlined LOMR package to be submitting to FEMA/Compass along
with the processing fee. Michael Baker has assumed up to one community review and two FEMA
reviews.
Community Assistance
The Town will lead outreach efforts, including identifying property owners,preparing and distribution
mailings,holding meetings, and fielding questions. Michael Baker will assist in developing the
notification letter and can provide up to 8 hours of community assistance including ongoing
coordination, correspondence, and meeting support.
Project Management
This task involves the active process of planning, organizing, and managing resources toward the
successful accomplishment of pre-defined project goals and objectives.
Schedule:
Michael Baker anticipates be inning this sco e of work in May 2021, following CWCB approval.
Estimated
Responsible Estimated
Activities START
1
END 1 ,
ATE
Develop Hydrologic and Hydraulic Data Michael Baker 5/3/2021 6/11/2021
Prepare and Finalize LOMR Michael Baker 5/31/2021 11/29/2021
(assinnes 3 revievi�s)
Community Assistance CWCB, Baker 5/3/2021 12/31/2021
Project Management CWCB, Baker 5/3/2021 12/31/2021
Rate Schedule& Cost Estimate
The estimated baseline cost for Michael Baker to perform the scope of work is $32,230. The attached cost
table provides detail on estimated labor and expenses.
The terms and conditions to be used for the work are provided in the Master Task Order Contract for
Professional Services between CWCB and Michael Baker, dated April 22, 2020. Michael Baker can initiate
work upon receipt of written authorization referencing this scope of work. Michael Baker assumes that the
work described in this scope of work can be completed within the level of effort described,which is based
on Michael Baker's experience in completing similar work and on best professional judgment of the
technical staff supporting this project.
Town of Fraser LOMR P.3 of 4
Michael Baker
I N T E R N A T 1 0 N A L
Please contact Geoff at 720-653-5928 or geoff.uhlemann(c mbakerintl.com or Kevin at 720-514-1102 or
kdoyleLa mbakerintl.com if you have any questions regarding this proposal. Michael Baker appreciates the
opportunity to assist CWCB on this project!
Sincerely,
Geoff Uhlemann, PE, CFM,PMP Kevin P Doyle, PE
Project Manager Water Department Manager
Town of Fraser LOMR P.4 of 4
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Town of Fraser
COE
FEMA Mapping
June 17,2021
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (this "Agreement") is made as of 6/16/20211 by and
between CORE Consultants, Inc., a Colorado corporation whose principal place of business is
located at 3473 S. Broadway, Englewood, CO 80113 ("CORE") and Town of Fraser ("Client";
CORE and Client are sometimes referred to as the "Parties") contains the following Attachments
that are incorporated into and made part of this Agreement:
Exhibit A-Service Authorization
Exhibit B-Schedule of Rates
Exhibit C-Terms and Conditions
Exhibit D-Schedule of Insurance
When this Agreement and one or more Service Authorizations are executed, they combine to
become a single agreement with respect to the professional services to be provided by CORE,
fully incorporating Exhibits B, C, and D therein. This Agreement is binding upon the Parties, their
successors, and assigns. Client understands the terms and conditions set forth and willingly enters
into this Agreement. The terms of this Agreement shall also cover all services performed by CORE
for Client, prior to the execution of the Agreement, if any.
The Parties agree as follows:
SCOPE OF SERVICES
The Scope of Services under this Agreement is as defined in any and all fully executed Service
Authorizations.
COMPENSATION
Compensation for the services provided under this Agreement is as defined in any and all fully
executed Service Authorizations.
CORE's Schedule of Rates is attached as Exhibit B.
TERMS AND CONDITIONS
The terms and conditions of this Agreement are as set forth in Exhibit C and are incorporated
herein as if contained directly in this Agreement.
LIMITATIONS OF PROFESSIONAL SERVICES
Services not specifically identified in any Service Authorization are excluded from this
Agreement. However, deviation from the Scope of Service,whether client-driven or through
agency review, will be justification for amendments to any applicable Service Authorizations.
INSURANCE
CORE is insured pursuant to the Schedule of Insurance attached hereto as Exhibit D.
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CORE: CORE Consultants, Inc. Client: Town of Fraser
Title: Sr. Project Manager Title:
Date: 6-17-21 Date:
Attention: Michael S. Kervin Attention:
Email: kervin@liveyourcore.com Email:
Address: 3473 South Broadway Address:
Englewood, CO 80113
Phone: 303.703.4444 Phone:
Page 2 of 16 (V06.2021)
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June 17,2021
EXHIBIT A
SERVICE AUTHORIZATION
Service Authorization No. 1
CORE Project No. 21-XXX (the "Project").
This Exhibit A, Service Authorization, executed by and between CORE Consultants, Inc. a
Colorado corporation whose principal place of business is located at 3473 S. Broadway,
Englewood, CO 80113 ("CORE") and Town of Fraser, ("Client"; CORE and Client, the "Parties"),
shall become incorporated into and be part of that certain Professional Service Agreement
between the Parties, dated 6/16/2021 (the "Agreement").
This Service Authorization identifies the Scope of Services, Assumptions and Clarifications,
Exclusions, Client Responsibilities, and Compensation related to Services to be provided by
CORE for the Project.
SCOPE OF SERVICES
The following Scope of Services and Fee for the Town.
All work will be invoiced as Time and Material and all savings will be passed to the Town
1. FEMA Field Mapping
CORE will provide field support to locate approximately 16 areas including detail FEMA
sketches and pictures.
2. FEMA Office Mapping
CORE will provide office support to process field data, convert field codes to FEMA
standards, coordination w/ Michael Baker and the Town of Fraser.
3. Project Administration
CORE will provide billing and project setup for the lots. Meetings will be charges on a
TME basis
ASSUMPTIONS AND CLARIFICATIONS
The following Assumptions and Clarifications are provided relative to the Scope of Services,
Compensation, and Schedule herein:
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June 17,2021
1. This Agreement and all contents expressed herein are confidential and cannot be
disclosed to parties outside of CORE and Client without the specific written permission of
CORE.
2. The fee and Scope of Services are based on a separate, mutually agreed upon schedule.
Any work extending beyond the scope indicated due to revisions directed by Client is not
included.
3. If the Scope of Services is increased, the fee will also increase on the basis of requirements
dictated by the schedule and requirements.
4. CORE services will be provided with a standard of care similar to other professional service
firms providing these services within the region.
5. Payment and performance bonds costs are not included. These can be added to the
overall budget if requested by Client.
SPECIFIC EXCLUSIONS
This Agreement specifically excludes the following items, and all items not listed in the Scope of
Services presented herein:
1. Safe access to the site
CLIENT RESPONSIBILITIES
The following items will be provided by Client:
1. Client shall cooperate with CORE in good faith, as necessary to allow CORE to perform
the services defined in the Agreement.
2. Client shall provide CORE with information and criteria of Client's requirements for the
Project.
3. Client shall provide access to the Project site as necessary for CORE's performance of
the Scope of Services.
4. Client shall examine and respond promptly to CORE's submissions to Client.
5. Client shall consult with CORE on a regular basis concerning the timeliness, cost, and
adequacy of services as the service progress, and promptly furnish to CORE written
notice of any noncompliance with the terms of the Agreement.
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COMPENSATION
The Scope of Services provided herein will be provided on a Time and Materials Estimate Not-to-
Exceed ("TME NTE") basis.
OR,
The Scope of Services provided herein will be provided on a combination Fixed Fee (FF) and
Time and Materials Estimate ("TME") basis. Each Scope of Services item is noted by either FF or
TME as appropriate. FF items will be invoiced on a percent-complete basis as the Project and
services progress.
Task Task Description Fee Type
1 FEMA Field Mapping $7,500.00 TME
2 FEMA office Mapping $4,500.00 TME
3 Project Administration $200.00 TME
Total: $12,200.00
All TME NTE, TME, and FF items will be invoiced pursuant to the Terms and Conditions and at the
Schedule of Rates, both as in effect at the time services are rendered and expenses incurred.
SCHEDULE
As agreed upon
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June 17,2021
CORE is hereby authorized by Client to proceed with the Scope of Services as set forth herein.
CORE Consultants, Inc. Client: Town of Fraser
Signature: Signature:
Name: Michael S. Kervin Name:
Title: Sr. Project Manager Title:
Date: 6-17-21 Date:
Page 6 of 16 (V06.2021)
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EXHIBIT B - 2021 SCHEDULE OF RATES
(HOURLY)
Effective as of May 1, 2021
This Exhibit B, 2021 Schedule of Rates, is subject to change at any time.
MANAGEMENT CAD/GIS
Principal $195 - $230 CAD Technician $65 - $105
Market Sector Leader $200 CAD Designer $95- $135
Project Manager $160- $190 GIS Technician $60- $80
GIS Analyst $90- $120
ENGINEERING GIS Coordinator $120- $150
Project Engineer $130 - $160 LITIGATION SUPPORT
Engineer $105- $120
Engineer Intern $75- $85 Expert Witness/ Deposition $300 - $600
Due Diligence Manager $200- $300
LAND SURVEYING
ADMINISTRATION
Project Surveyor $120 - $160
Survey Technician $70- $110 Administrative Assistant $60 - $95
Two-Person Survey Crew $180
One-Person Survey Crew $125-$140 REIMBURSABLE EXPENSES
NATURAL RESOURCES Vehicle Mileage $0.58/mile*
Travel Expense cost + 15%
Environmental Consultant $120 - $160 Postage/Shipping/Courier cost + 15%
Environmental Specialist $80- $110 Survey Supplies cost + 15%
Environmental Technician $50- $80 Large Format Printing B&W $1.50/sf
Color$3.00/sf
Small Format Printing B&W $0.10/pg
(11 x17) Color$0.40/pg....
Direct reimbursable expenses such as travel expenses, meals and lodging, postage and
shipping, reproduction, document, and special equipment purchases, and sub-consultants shall
be billed at cost plus 15%. Any application, permit, submittal, review, and recording/filing fees
shall be paid directly by the client.
*Mileage shall be billed at the current IRS allowable rate.
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EXHIBIT C
TERMS AND CONDITIONS
Effective Date April 30, 2020
This Exhibit C, Terms and Conditions, is hereby incorporated into that certain Professional Service
Agreement, executed by and between CORE Consultants, Inc. a Colorado corporation whose
principal place of business is located at 3473 S. Broadway, Englewood, CO 80113 ("CORE") and
Town of Fraser ("Client"; CORE and Client, individually, a "Party", and collectively, the "Parties"),
and dated 6/16/2021 (the "Agreement").
These Terms and Conditions may be updated by CORE from time to time; however, such
updated Terms and Conditions shall not apply to any previously executed Professional Service
Agreement unless and until signed by Client under such previously executed Professional Service
Agreement.
1. Standard of Care
1.1. All services provided by CORE under the Agreement will be performed in a manner
consistent with that degree of skill and care ordinarily exercised by members of the
same profession currently practicing under similar circumstances in this geographic
area.
1.2. If due to CORE's negligence, a required item or component of the Project is omitted
from CORE's designs, drawings, reports, calculations, specifications, electronic data,
and similar services and deliverables, in either electronic or hard copy form (any such
documents or instruments, "Instruments of Service"), CORE shall be responsible for
paying the cost required to add such item or component to the extent that such item
or component would have been required and included in the original Instruments of
Service provided that such item or component was not omitted based on the failure of
Client or its affiliates to provide CORE with appropriate information, specifications or
data. However, CORE shall be compensated for the cost required to add such item or
component to the extent that such item or component provides betterment or
upgrades or enhances the value of the Project that was not originally incorporated into
the specifications or directions provided to CORE by Client.
2. Subcontractors
CORE shall not subcontract any part of its services under the Agreement without first
providing notice to Client. Client consents to any subcontractor or subconsultant listed in
the Scope of Services on Exhibit A. CORE shall obligate any subcontractor to agree to
comply with all applicable provisions of the Agreement. Nothing contained in any
subcontract shall create a contractual relationship between Client and any such
subcontractor.
3. Reuse of Documents
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3.1. Client acknowledges the Instruments of Service are for use solely on the Project. CORE
and its subconsultants, as authors and owners of their respective Instruments of Service,
retain all common law, statutory, and other reserves rights, including copyrights.
Distribution of Instruments of Service for regulatory or other Project purposes is not a
publication in derogation of the reserved rights.
3.2. Upon execution of the Agreement and so long as Client is not in default of its
obligations to CORE, CORE grants Client a nonexclusive license to reproduce all
finished Instruments of Service prepared by CORE solely for use on the Project (the
"License"), subject to the following: (a) if Client is in default of the Agreement, including
instances where CORE terminates the Agreement for nonpayment, the License is
terminated without the necessity of further action on the part of the Parties; (b) if Client
terminates the Agreement for CORE's default (or for Client's convenience and Client is
not in default of its obligations to CORE), the License is terminated without the necessity
of further action on the part of the Parties and is replaced by a nonexclusive license,
permitting Client, subject to the other provisions of the Agreement and this Exhibit C, to
authorize properly credentialed design professionals to reproduce and, where
permitted by law, to make changes, corrections, or additions to the Instruments of
Service solely for purpose of completing, using, and maintaining the Project. CORE shall
be awarded damages for Client's use of the Instruments of Service if it is later
determined by an authority with competent jurisdiction that CORE was not in default.
CORE retains the right to use, sell, and/or modify any databases developed and/or
modified in performing its services.
3.3. The licenses granted are not assignable without CORE's prior written consent, and no
license or right is granted or implied under the Agreement, except as provided above.
Use of Instruments of Service after termination of the Agreement or upon suspension or
completion of the Project is at Client's risk and without liability to CORE, and Client
agrees to indemnify, defend, and hold CORE harmless from any and all claims,
damages, losses, liabilities, and expenses, including attorney fees and expert and
consulting fees, arising out of or resulting from such use.
4. Excluded Services
Services not expressly identified in writing in any applicable Service Authorization are
excluded from the Scope of Services. Client expressly agrees that CORE has no
responsibility to perform such services.
5. Additional Services
Client and CORE agree that there may be circumstances beyond their control, which
are unforeseen and that may arise during the Project.These circumstances may require
changes to the Scope of Services and Compensation. The additional services shall be
invoiced per the terms of any applicable Service Authorization.
6. Construction Phase Services
If Client retains CORE to provide construction services for all or portions of the Project
construction phase, CORE will provide its professional opinions and observations to Client.
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Periodic observations of construction would be provided to obtain general knowledge of
the construction work, to keep Client informed about the observable work, and to
represent whether the work is in general conformance with the contract documents.
Said representation is not a warranty from CORE that the construction work is without
defect. Periodic observations by CORE shall not be construed as exhaustive or
continuous inspections. CORE shall not be responsible for contractor's means, methods,
techniques, sequences, procedures, or safety programs since these are exclusively the
responsibility of the contractor and because CORE is neither qualified nor licensed to be
a contractor. Nothing herein shall relieve the contractor of responsibility for the quality of
its work or impose liability upon CORE for the quality or timeliness of that work.
7. Invoicing
7.1 CORE invoices on a fixed fee ("FF") and/or time and materials estimate ("TME")
basis, which basis may be set forth in the applicable Service Authorization. FF scope items
are invoiced on a percent complete basis, while TME items are invoiced pursuant to the
Schedule of Rates in effect at the time services are rendered and expenses incurred.
Overtime for non-exempt employees will be billed at 1.5 times their normal rate for time in
excess of 40 hours on a weekly basis. Changes to the Scope of Services and
compensation shall be identified in a Service Authorization, submitted in writing to Client,
and commenced only upon a fully executed Service Authorization. TME fee estimates
shall not be exceeded without a fully executed amendment to the Service Authorization.
7.2 Reimbursable expenses shall be charged and invoiced at 1.15 times the direct
out-of-pocket expense. These reimbursable expenses include but are not limited to,
application, processing, review, recording and permit fees, reasonable travel costs,
communication costs, equipment and meeting room rentals, sub-consultant fees,
reproduction costs, and delivery and shipping fees.
7.3 Invoicing is performed monthly with payment due net 30 days from the date of
invoice. Amounts unpaid 30 days after the invoice date shall bear interest at the rate of
1.5% per month. Collection charges, including attorney's fees and court costs, are
payable by Client in the event of late payment. Final payment is required prior to release
of any signed and stamped drawings, reports, or the delivery of any final Instruments of
Service.
7.5 Any fee estimate provided is based upon our understanding of the Project at the
time that the Scope of Services is provided. The fee estimate is also based upon a
standard performance schedule for such services. Compressed schedules will increase
the fee estimate. Unforeseen conditions or necessary revisions may require CORE to
modify the original Scope of Services and obtain approval from Client prior to
proceeding with the modified scope via a Service Authorization amendment.
8. Insurance
During the term of the Agreement, CORE shall maintain the level of insurance protection
as is set forth in Exhibit D.
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9. Limitations
9.1. CORE agrees to indemnify and save Client harmless from any loss, cost, or expense,
including reasonable attorney fees, claimed by third parties for property damage or
bodily injury, including death, caused by the negligence of CORE in connection with
the Project. Client agrees to indemnify and save CORE harmless from any loss, cost, or
expense, including attorney fees, claimed by third parties for property damage or
bodily injury, including death, caused by the negligence of Client in connection with
the Project. If the negligence of both CORE and Client is the cause of such damage or
injury, the loss, cost, or expense shall be shared between CORE and Client in proportion
to their relative degrees of negligence and the right of indemnity shall apply for such
proportion.
9.2. It is intended that the performance of CORE's services shall not subject the personnel of
the Parties, including employees, officers, directors, members, managers, and
shareholders (collectively, "Personnel"), to any personal legal exposure for any risk
associated with the Project. The Parties agree that any claim, demand, or suit shall be
made only against a Party and not against any of its Personnel.
9.3. Client and CORE agree that notwithstanding any other provision in the Agreement to
the contrary (including any other provision with the same or similar limiting language),
to the fullest extent permitted by law: (a) the total liability in the aggregate, of CORE
and its Personnel, agents and independent contractors, and any of them, to Client and
anyone claiming by, through, or under Client, for any and all injuries, claims, losses,
expenses, or damages whatsoever (including,without limitation; indemnity obligations,
contract damages, attorney's fees and expert witness fees) arising out of or in any way
related to CORE's services, the Project, or the Agreement, from any cause or causes
whatsoever and regardless of the legal theory asserted (including, without limitation,
negligence, errors, omissions, strict liability, misrepresentation, breach of contract or
warranty of CORE or its Personnel, agents and independent contractors, or any of
them), shall not exceed the total compensation received by CORE under the
Agreement, and if separate tasks are issued by separate Service Authorizations, then
the total compensation received by CORE for a specific service on a specific project at
a specific location; (b) the Parties waive claims against each other: (i) for incidental,
special, indirect, punitive or consequential damages arising out of or relating to the
Agreement, and CORE shall not be liable for any cost or expense that provides
betterment, upgrade or enhancement of the Project; and (ii) against the
subcontractors, subconsultants and employees of the other for damages to the extent
that the damages sustained by either CORE or Client are covered by property
insurance or general business insurance.
9.4. The mutual waiver of consequential damages under the Section 9.3(b) above shall
include but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss
of reputation, or any other consequential damages that either Party may have incurred
from any cause of action including negligence, strict liability breach of contract, and
breach of strict or implied warranty. The Parties shall require similar waivers of
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consequential damages protecting all the entities or persons named herein in all
contracts and subcontracts with others involved in this Project.
9.5. The provisions of this Section 9 shall survive expiration or termination of the Agreement
and shall apply to all services provided to Client by CORE, whether within or not within
the Scope of Services of the Agreement, except as the Parties may otherwise provide in
signed writing making specific reference to this Section 9.
10. Unauthorized Changes to Instruments of Service
In the event Client, Client's contractors or subcontractors, or anyone for whom Client is
legally liable makes or permits to be made any changes to any Instruments of Service
prepared by CORE without obtaining CORE's prior written consent, Client shall assume
full responsibility for the results of such changes. Therefore, Client agrees to waive any
claim against CORE and to release CORE from any liability arising directly or indirectly
from such damages. Client agrees to the fullest extent permitted by law, to indemnify
and hold harmless CORE from any damages, liabilities, or costs, including reasonable
attorney's fees and costs of defense, arising from such changes. In addition, Client
agrees to include in any contracts for construction appropriate language that prohibits
the contractor or any subcontractors of any tier from making any changes or
modifications to CORE's Instruments of Service without the prior written approval of
CORE, and that further requires the Contactor to indemnify both CORE and Client from
any liability or cost arising from such changes made without such proper authorization.
11. Changes to Scope of Services, Suspension
11.1. Additional Service Authorizations must be executed prior to commencing any and all
additional services. Additional service requests from Client must include a comment
period, commencement date, expected completion date, and any special conditions.
If changes or additions cause an increase or decrease in the services provided under
the Agreement, CORE and Client shall memorialize such changes or additions to the
services provided by completing and executing a Service Authorization form.
11.2. Client may, upon providing written notice to CORE, suspend further performance of
CORE's services. In such case, CORE will promptly suspend its performance upon
receiving said notice. During such period of suspension, CORE shall care for and protect
its services in progress for a period not to exceed 90 days, consecutively or in the
aggregate. Client shall pay for any additional costs and fees incurred by CORE as a
result of the suspension of Services. If Client chooses to withdraw a suspension as to all
or part of suspended services, it must do so by providing written notice to CORE,
specifying the effective date of such withdrawal. After receiving such written notice to
withdraw such suspension, if CORE elects to proceed, CORE may resume performance
of the services for which the suspension was withdrawn within a reasonable amount of
time of such notice of withdrawal.
11.3. Appropriate adjustments shall be made to CORE's compensation and any scheduling
or deliverable dates justified by the suspension or withdrawal of suspension, and the
Agreement shall be modified in writing accordingly.
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12. Termination
12.1. Client may terminate the Agreement for Client's convenience and without cause upon
giving CORE not less than seven calendar days' written notice of the same.
12.2. Either Party may terminate the Agreement for cause upon giving the other Party not
less than seven calendar days' written notice for any of the following reasons;
(a) Substantial failure by the other Party to perform in accordance with the terms of the
Agreement and through no fault of the terminating Party;
(b) Assignment of the Agreement or transfer of the Project by either Party to any other
entity without the prior written consent of the other Party;
(c) Suspension of the Project or the Consultant's services by Client for more than 90
calendar days, consecutive or in the aggregate;
(d) Material changes in the conditions under which the Agreement was entered into,
the Scope of Services or the nature of the Project, and the failure of the Parties to
reach agreement on the compensation and schedule adjustments necessitated by
such changes.
12.3. In the event of termination of the Agreement by either Party, Client shall within 15
calendar days of termination pay CORE for all services rendered and all reimbursable
costs incurred by the Consultant up to the date of termination, in accordance with the
payment provisions of the Agreement.
12.4. In the event of any termination that is not the fault of CORE, Client shall pay CORE, in
addition to payment for services rendered and reimbursable costs incurred, for all
expenses reasonably incurred by CORE in connection with the orderly termination of
the Agreement, including but not limited to demobilization, reassignment of personnel,
associated overhead costs and all other expense directly resulting from the termination.
13. Governing Law and Venue
All questions as to the interpretation or enforceability of the Agreement shall be
interpreted in accordance with the laws of the State of Colorado. In the event of any
litigation involving the Agreement of the performance by the Parties thereto, such
actions shall be brought in a court of competent jurisdiction in the State of Colorado.
14. Statutes of Limitation and Repose
All legal causes of action between the Parties of the Agreement shall accrue, and any
applicable statutes of repose or limitation shall begin to run, no later than the date of
Substantial Completion. In no event shall any statute of repose or limitation begin to run
any later than the date CORE's services are completed or terminated.
15. Entire Agreement
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The Agreement constitutes the entire agreement between the Parties with respect to the
Scope of Services and supersedes all prior negotiations, representations, or agreements
relating thereto,written, or oral. Unless otherwise provided for herein, no amendments,
changes, alterations, or modifications of the Agreement shall be effective unless in
writing, executed by CORE and Client.
16. Third-Party Beneficiaries
Nothing contained in the Agreement shall create a contractual relationship with or a
cause of action in favor of a third party against either Client or CORE. CORE's services
under the Agreement are being performed solely for Client's benefit, and no other party
or entity shall have any claim against CORE because of the Agreement or the
performance or nonperformance of services hereunder. The Parties agree to require a
similar provision in all contracts with contractors, subcontractors, subconsultants, vendors,
and other entities involved in this Project to carry out the intent of this provision.
17. Severability and Waiver
If any portion of the Agreement is held invalid or inoperative, then so far as is reasonable
and possible, the remainder of the Agreement shall be deemed valid and operative,
and effect shall be given to the intent manifested by the portion held invalid or
inoperative. The failure by either Party to enforce against the other Party any term or
provision of the Agreement shall be deemed not to be a waiver of such Party's right to
enforce against the other Party the same or any other such term or provision.
18. Mediation
18.1. In an effort to resolve any conflicts that arise during the design and construction of the
Project or following the completion of the Project, the Parties agree that all disputes
between them arising out of or relating to the Agreement or the Project shall be
submitted to nonbinding mediation.
18.2. The Parties further agree to include a similar meditation provision in all agreements with
independent contractors and consultants retained for the Project and to require all
independent contractors and consultants also to include a similar mediation provision
in all agreements with their subcontractors, subconsultants, suppliers, and fabricators,
thereby providing for mediation as the primary method for dispute resolution among
the parties to all those agreements.
19. Assignment
Client shall not assign the Agreement or any part thereof without the prior written
consent of CORE, nor shall Client assign any moneys due or to become due to it
hereunder without the written consent of CORE. Any such assignment or subcontract
shall be null and void.
20. Force Majeure
Except for the payment of money for services already completed, each Party shall not
be liable to the other for failure to perform its obligations hereunder if and to the extent
that such failure to perform is caused by or results from causes beyond its control,without
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limitation, strikes, lockouts, or other industrial disturbances, civil disturbances, fires, acts of
God, pandemics, acts of a public enemy, compliance with any regulations, orders or
requirements of any governmental body or agency, or inability to obtain transportation
or necessary materials in the open market.
21. Notices
All notices required or permitted hereunder shall be in writing and shall be served on the
Parties at the addresses, and to the attention of the persons, noted in the Agreement.
Any such notices shall be either: (i) sent by certified mail, return receipt requested, in
which case notice shall be deemed delivered three business days after deposit, postage
prepaid in the U.S. Mail; (ii) sent by overnight delivery using a nationally recognized
overnight courier, in which case it shall be deemed delivered one business day after
deposit with such courier; (iii) sent by personal delivery; or (iv) sent by email with
read/receipt required and shall be deemed delivered upon receipt to the sending Party
of the acknowledged read/receipt. The above addresses may be changed by written
notice to the other Party, provided that no notice of a change of address shall be
effective until actual receipt of such notice. Copies of notices are for informational
purposes only, and a failure to give or receive copies of any notice shall not be deemed
a failure to give notice.
22. Counterparts
The Agreement may be signed in counterparts and by electronic signature, which when
taken together shall constitute one document.
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EXHIBIT D
SCHEDULE OF INSURANCE
This Exhibit D, Schedule of Insurance, is hereby incorporated into that certain Professional Service
Agreement, executed by and between CORE Consultants, Inc. a Colorado corporation whose
principal place of business is located at 3473 S. Broadway, Englewood, CO 80113 ("CORE") and
Town of Fraser ("Client"; CORE and Client, individually, a "Party", and collectively, the "Parties"),
and dated 6/16/2021 (the "Agreement").
CORE shall maintain during the term of the Agreement insurance of the kinds and with the limits
indicated below:
• Workers Compensation Insurance as required by statute, including Employers Liability,
with limits of$1,000,000 each accident; $1,000,000 disease, policy limit; $1,000,000
disease, each employee.
• Commercial General Liability Insurance with limits of$1,000,000 per occurrence and
$2,000,000 aggregate.
• Business Automobile Liability Insurance with limits of$1,000,000 per occurrence,
combined single limits (owned, hired & non-owned).
• Umbrella/Excess Liability Insurance with limits of$1,000,000 per occurrence and
aggregate.
• Professional Liability Practice Policy with limits of$2,000,000 per claim and $2,000,000
annual aggregate.
Certificate of insurance evidencing these coverages shall be submitted to Client at Client's
request. The coverages are subject to the terms, exclusions, and conditions of the policies with
the insurer's liability equivalent to CORE's under the Agreement, irrespective of the policy limits
CORE will provide Client a 30-day advance written notice of cancellation. Failure to submit the
certificates or endorsements, or failure of Client to insist upon submission shall not relieve CORE of
its duty to maintain the required insurance.
Unless otherwise provided, Client shall maintain insurance upon the entire work at the site to the
full insurable value thereof. This insurance shall include the interests of Client, the owner, CORE,
and any other beneficially interested person or entity, and shall insure against the perils of fire
and extended coverage and shall include insurance for loss or damage. If CORE is damaged by
failure of Client to maintain such insurance and to so notify CORE, then Client shall bear all costs
properly attributable thereto. Client shall require that all contractors of any tier on the Project
obtain and maintain insurance with appropriate limits to cover the perils of their undertakings
and the allocation of risk on the Project.
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TOWN OF FRASER
RESOLUTION NO. 2015-03-02
A RESOLUTION DIRECTING TO TOWN MANAGER TO AMEND SIGNATURE
AUTHORIZATIONS FOR TOWN BANK ACCOUNTS
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
1. That the Town Manager is hereby authorized to establish signature authorizations for the
Town Manager, Mayor, Mayor Pro Tern and Town Clerk on all of the Town bank accounts.
2. Town Manager is authorized and directed to keep all banking signature authorizations
current.
3. The Town Manager is further authorized to assign full banking access, except signature
authorization, to Town personnel as determined by job duties and responsibilities,
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 6t" DAY OF MAY, 2015.
Votes in favor: BOARD OF TRUSTEES OF THE
Votes opposed: TOWNO
I 'FRASER OLORADO
F
Absent:
Abstained: . .....
BY:
Ma
or:"
A�
ATTEST:
(S E A
SEAL
Town Clerk
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COILORAD O
Town Manager Update
June, 2021
Mayor Vandernail and Fraser Trustees:
After my first three weeks on the job, I find that I'm still drinking out or a firehose, but the flow
seems to be diminishing (or perhaps I'm simply getting used to taking large gulps). I wanted to
give a quick update on just a few of the issues I have been addressing since June 141H
Affordable Housing:
• Mayor Vandernail and I met with WP Mayor Kutrumbos and Town Manager Keith
Riesberg on June 17' to explore interest in creating a regional housing authority to
address affordable workforce housing. WP was favorable to the idea and would like to
proceed.
• Assistant Manager Brack and I attended a virtual CAST Migration Meeting on June 20th
to learn what other ski towns are doing for affordable housing. The meeting included an
in-depth discussion on funding streams to support AH efforts.
Waste Water Treatment Plant
• Project P is near completion. Notice of settlement was published June 24, with final
pay-out scheduled after the 30-day notice period. Moltz Constructors still has to
complete existing warranty items before acceptance, CO, and start of warranty period.
• Project N is awaiting construction cost estimates. I had introductory meeting with
Merrick and virtual meeting with Northern Water the week of June 7th. After construction
estimates are reviewed by the Fraser and Northern Water teams, negotiations will begin
for allocating capital and O&M costs.
Finally, in light of recent conversations with various trustees, staff, and Planning Commission
members, I was asked to attach a copy of the Fraser Civility Policy and Rules of Decorum.
We all approach town issues from different perspectives, and sometimes we can become quite
passionate about the issues that mean the most to us. However, as stated in the recitals of the
Civility Policy and Rules of Decorum, "...an atmosphere of incivility and disrespect... can stifle
r 'leio i d�,.,,,V„ �..0 o "u V:: 40 V e..
participation and debate, threaten the quality of decisions and undermine the local democratic
process."
Attached: FRASER CIVILITY POLICY AND RULES OF DECORUM
Town Manager 30-day goals update:
Learning goals:
• Read relevant contracts, agreements, policy documents, master plans, and municipal
code. IIII' IIII�IIL...IIIIIIIIIIC;""'llr'lllllllllll
• Review Board priorities. BOARD PRIORITY O E I SCHEDULED JULY 14
• Access all accounts needed for my role. Familiarize with each. (' 111111''°°1IIL...Ilfiii""'1111""Illllllllll
• Meet with Department Directors to get up to speed on projects, objectives and priorities.
Gain understanding on progress on town priorities. I(11)11 1111'')111....11'''""'1111""Illllllllll
• Meet with state, regional, county and local stakeholders to understand priorities and
goals. AWAITING MEETINGS WITH DOLA, CD T, AND LOCAL STAKEHOLDERS
• Evaluate customer service and citizen engagement practices within the organization
• Meet with local contractors, developers, project engineer teams and appointed Town
Officers AWAITING MEETINGS WITH LOCAL DEVELOPERS
Performance goals:
• Begin SWOT analysisIIYIIIIIIL...IIIIIIIIIIII""'f"IIIIIIIIIIC;
• Ask Board for feedback on output and performance EXECUTIVE SESSION
SCHEDULED JULY 21
Personal goals:
• Meet with Mayor and each Trustee to build strong working relationships and better
understand values and priorities. 4 of 7 COMPLETE, 2 SCHEDULED EE JULY
6TH, AWAITING
• Meet with senior team members to understand roles, relationships, and work.
Ct tII I117IIL........IIIIIIIIIIC""'ll
• Set up recurring meetings with internal and external partners. CO1111111'"°'1111 11'II!""'IIC""IIE
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vtl ";,,r1,3 °' 70 2V:� Y,�8
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I„„r ,��V� � I,INWW'ph'I"i'i it 9114IN9iIW iIiWVIVIIVW^w , �. ,
'. loli1i�1 il�li iii"', "'" I�i'i'llll(liu�l(liu�l(lil iihlV"is '
C O L O R A D O
FRASER CIVILITY POLICY AND RULES OF DECORUM
WHEREAS, across the nation many groups have adopted policies and rules to enhance civility
at public meetings and in interactions with the public including the United States Conference of
Mayors which adopted a Civility Accord;
WHEREAS, in keeping with this national trend many cities have approved policies to promote
civility at local public meetings and at the workplace;
WHEREAS, the defining characteristics of the Town of Fraser include its commitment to the
democratic process, individual rights of expression, robust debate and tolerance for disparate
views;
WHEREAS, the Fraser Board of Trustees, the Town's boards and commissions, other public
bodies and various community groups all convene public meetings to address controversial
issues that engender passionate and often conflicting opinions;
WHEREAS, an atmosphere of incivility and disrespect at these meetings can stifle participation
and debate, threaten the quality of decisions and undermine the local democratic process; and
WHEREAS, adopting principles of civility applicable to all public meetings and in all interactions
in the workplace will help ensure that civic engagement and local democracy continue to flourish
in Fraser.
BASED UPON THE FOREGOING, the Fraser Board of Trustees adopted, by Resolution No.
2020-09-06, the following Civility Policy and Rules of Decorum:
CIVILITY POLICY
A. Fraser elected officials and employees will treat members of the public with respect
and expect the same in return. The Town is committed to maintaining orderly administrative
processes in keeping Board of Trustees meetings and Town administrative offices free from
disruptions.
B. This policy promotes mutual respect, civility and orderly conduct among Town
employees, elected officials, and the public. This policy is not intended to deprive any person of
his/her right to freedom of expression, but only to maintain, to the extent possible and reasonable,
a safe, harassment-free workplace for our staff. The Town encourages positive communication
and discourages volatile, hostile or aggressive actions. The Town seeks public cooperation with
this endeavor.
• All interactions between Town staff, Town elected officials and members of the
public will be conducted in a respectful manner.
.A.D0I"T]"D `VIII 2, 20,20
• Threats of violence will not be tolerated.
• Loud, insulting, demeaning, or offensive communications will not be tolerated.
• The Town will not tolerate any individual who disrupts or threatens to disrupt Town
government operations, threatens the health and safety of staff or trustees, willfully
causes property damage, uses loud and/or offensive written or oral language
which could provoke a violent reaction; or who has otherwise established a
continued pattern of uncivil behavior.
C. Safety and Security Steps for Town Property.
The Town will take the following steps to promote compliance with the Civility Policy.
Internally, the Town will provide a safety and/or crisis intervention techniques program in order
to raise awareness on how to deal with these situations if and when they occur, and how to
document each incident.
1. Official Warning
If a member of the public begins to act abusively towards a Town employee, staff will
issue an oral warning before taking further action in response to the abuse, and provide that
person with this policy. This warning, which should clearly identify both the offending behavior
and the potential consequences that will arise if such behavior persists, will provide the abusive
member of the public with an opportunity to improve his or her behavior before the Town takes
more serious action, such as removal from the premises. A warning from Town staff will often
be sufficient to halt any abusive treatment.
2. Suspension from the Government Building for a Short Period
If an abusive member of the public does not improve his or her behavior in response to
an official warning, the Town will request the abusive individual leave the premises for a short
period of time (e.g., the remainder of the day). This temporary suspension from Town property
provides the abusive member of the public with an opportunity to "cool down" and reflect on his
or her treatment of Town staff.
3. Cease and Desist Letter
If an abusive member of the public does not improve his or her behavior in response to
an official warning or brief suspension, the Town will respond by sending a "cease-and-desist"
letter. The letter will identify both the prohibited conduct and the Town's potential remedies. A
"cease and-desist" letter will put the abusive member of the public on notice of the potentially
serious consequences of his or her conduct.
4. Further Measures
Nothing in this policy precludes additional action if the above measures are not effective.
F'adN'HI 111 D S'lll F"H Atlll I:1W, .", 20.
RULES OF DECORUM AT PUBLIC MEETINGS
A. General Guidelines
The Town has numerous public meetings such as Board of Trustees meetings, Planning
Commission meetings, Committee meetings, etc. (hereinafter"Public Meetings"). In order to
safeguard participatory democracy in Fraser, all persons attending Public Meetings in Fraser
should strive to:
• Treat everyone courteously
• Listen to others respectfully
• Exercise self-control
• Give open-minded consideration to all viewpoints
• Focus on the issues and avoid personalizing debate
• Embrace respectful disagreement and dissent as democratic rights that are
inherent components of an inclusive public process and tools for forging sound
decisions.
B. Rules of Decorum
1. No person attending a Public Meetings shall engage in disorderly or
boisterous conduct, including but not limited to applause, whistling, stamping of feet, booing, or
making any loud, threatening, profane, abusive, personal, impertinent, or slanderous utterance
that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting.
2. All remarks by members of the public shall be addressed to the Mayor or
the Chair (hereinafter "Presiding Officer") and not to any other member of the public or to any
single Board or Commission Member unless in response to a question from that Member.
3. Signs, placards, banners, or other similar items shall not be permitted in
the audience during a Public Meeting if the presence of such item disturbs, disrupts or otherwise
impedes the orderly conduct of the meeting.
4. All persons attending a Public Meeting shall remain seated in the seats
provided, unless addressing the body at the podium or entering or leaving the meeting.
5. All persons attending a Public Meeting shall obey any lawful order of the
Presiding Officer to enforce the Rules of Decorum.
C. Enforcement of the Rules of Decorum
1. The Presiding Officer shall be responsible for maintaining the decorum at
the Public Meeting and uniformly enforcing the Rules of Decorum.
2. In the event that any person breaches the Rules of Decorum in a manner
that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting, the Presiding
Officer shall order that person to cease the offending conduct.
N
IN'1I''IV"I:I) :'ry1 .11"I."] ', bll3I;I . , 20: .�
3. If any person continues to breach the Rules of Decorum in a manner that
disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting following an order
from the Presiding Officer to cease the offending conduct, the Presiding Officer may order that
person to leave the Public Meeting.
4. If any person refuses to leave the Public Meeting following an order from
the Presiding Officer to do so, the Presiding Officer may order any law enforcement officer on
duty to remove that person from the Public Meeting.
The Board of Trustees, all Town Boards and Commissions and Town staff shall promote the
use of and adherence to these guidelines for behavior at all public meetings within the Town.
PUBLIC ARTS COMMITEE
MINUTES
DATE: Friday, June 11s 2021
MEETING: Public Arts Committee Special Meeting
PLACE: Fraser Town Hall Board Room
PRESENT
Board: Eric Vandernail, Lisa Baird, Tara Rose, Callie McDermott, Jerilyn Suster,
Natalie Grote, Jeff Bartholomew, Cindy McCoy, *Kerry Crandall, *Sean
Yarborough, Steve Fitzgerald
Staff: Marketing and Communications Manager, Sarah Wieck
1. Regular Meeting: Roll Call
Steve called the meeting to order at 9:03 a.m.
2. Approval of Agenda:
Lisa moved, and Callie seconded the motion to approve the Agenda. Motion carried:
8-0.
3. Consent Agenda:
4. Discussion
a. Mural Festival applications
b. Mural festival update
5. Open Forum:
6. Other Business:
7. Future Agenda Items:
Meeting Adjourned:
Callie moved, and Tara seconded the motion to adjourn. Motion carried: 11-0. Meeting
adjourned at 10:23 a.m.
Page 2 of 2
`Arrived late
FRASER PLANNING COMMISSION
MINUTES
DATE: Wednesday, May 26, 2021
MEETING: Planning Commission Regular Meeting
PLACE: Fraser Town Hall and Virtual On-Line Meeting
PRESENT
Commission: Commissioners: Chair Jean Wolter, Vice Chair Katie Soles, Margaret
Bowles, Parnell Quinn, Philip Vandernail, Bob Gnuse and Sam Brewer
Staff: Town Planner, Catherine Trotter; Town Clerk, Antoinette McVeigh;
Assistant Town Manager, Michael Brack, Town Attorney, Rod McGowan
Others:
Chair Jean Wolter called the meeting to order at 6:32 p.m.
1. Roll Call: Chair Jean Wolter, Vice Chair Katie Soles, Margaret Bowles, Parnell Quinn,
Philip Vandernail, Bob Gnuse and Sam Brewer.
2. Approval of Agenda:
Commissioner Soles moved, and Commissioner Bowles seconded the motion to
approve the agenda. Motion carried:7-0.
3. Consent Agenda:
a. March 24, 2021
b. April 28, 2021 Joint Planning Commission and Town Board Meeting
Commissioner Bowles moved, and Commissioner Vandernail seconded the motion to
approve the Minutes from March 24, 2021 and April 28, 2021. Motion carried: 7-0.
4. 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) regarding Willows
Apartments.
Commissioner Vandernail moved, and Commissioner Soles seconded the motion to
open the Executive Session. Motion carried: 7-0.
Commissioner Soles moved, and Commissioner Vandernail seconded the motion to
close the Executive Session. Motion carried: 7-0.
Attorney's Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B). As the attorney
representing the Town of Fraser, I am of the opinion that the entire executive session,
which was not recorded, constituted a privileged attorney-client communication.
Page 2 of 3
Rod McGowan, Town Attorney
5. Public Hearing and Possible Action:
a. Preliminary Plat and Final Plan the Willows Apartments at Grand Park
Commissioner Quinn moved, and Commissioner Bowles seconded the motion to open
the Public Hearing regarding Preliminary Plat and Final Plan the Willows Apartments at
Grand Park. Motion carried: 7-0.
Town Planner Trotter explained that the applicant failed to notify the property owners
within 200' of the boundaries of the subject property at least 14 days in advance of the
hearing per the Fraser Municipal Code.
Town Attorney McGowan explained that the legal notice published in the newspaper was
not the correct legal description of the proposed property. The legal description of the
property incorporated portions of 23W which is contrary to the intent of the 2003 Grand
Park PDD and the 2005 Rendezvous PDD. The commission can deny, or continue the
public hearing. McGowan presented the commission with Resolution 2021-05-01 if they
chose to deny the application.
Applicant Lipscomb presented to the Commission and requested an extension of the
public hearing to order to send out proper notice to the adjacent property owners.
Commissioner Quinn moved, and Commissioner Bowles seconded the motion to
continue the public hearing. Motion failed 3-4. Nay Brewer, Soles, Vandernail and
Wolter.
Commissioner Brewer moved, and Commissioner Soles seconded the motion to
approve Resolution 2021-05-01, A RESOLUTION CONCERNING THE APPLICATION
OF GRAND PARK DEVELOPMENT LLC FOR APPROVAL OF A FPDP
AMENDMENT AND PRELIMINARY PLAT FOR THE WILLOWS APARTMENTS AT
GRAND PARK. Motion carried: 4-3 Nay Bowles, Gnuse and Quinn.
Commissioner Quinn moved, and Commissioner Bowles seconded the motion to close
the Public Hearing regarding Preliminary Plat and Final Plan the Willows Apartments at
Grand Park. Motion carried: 7-0.
6. Discussion and Possible Action Regarding_
N/A
7. Other Business:
Brewer inquired about Hilly's vacant lot special use permit. Planner Trotter explained,
the business has been sold and she will reach out to Chris Hillison to have all of the
automobiles removed from the property. Brewer commended the gardeners for doing a
wonderful job and making Fraser a beautiful place.
8. Open Forum:
N/A
9. Future Agenda Items:
Page 3 of 3
N/A
10. Adjourn:
Commissioner Vandernail moved, and Commissioner Soles seconded the motion to
adjourn. Motion carried: 7-0. Meeting adjourned at 8:40 p.m.
Antoinette McVeigh, Town Clerk