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HomeMy Public PortalAboutTBP 2022-01-05Board of Trustees Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday January 5, 2022 6:00 PM - 9:00 PM Members of the Board may have dinner together @ 5:30 p.m. NOTE: Times are approximate and agenda subject to change Watch the meeting live on Fraser's YouTube Channel Participate in the meeting through our virtual platform Zoom Meeting Information Meeting ID:259 040 8013 Phone 1 -346 -248 -7799 Roll Call Approval Of Agenda 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 litigation. Consent Agenda Minutes December 01, 2021 TBM 2021 -12 -01.Pdf Resolution 2022 -01 -01 Official Posting Location Resolution 2022 -01 -01 Official Posting Location.pdf Resolution 2022 -01 -02 Rendezvous License Agreement Resolution 2022 -01 -02 Rendezvous License Agreement.pdf Resolution 2022 -01 -03 Lot 1 And Lot 2 Elk Creek Condominiums At Grand Park Final Acceptance And Surety Reduction Resolution 202 -01 -03 Lot 1 And Lot 2 Elk Creek Condominiums At Grand Park Final Acceptance And Surety Reduction.pdf Resolution 2022 -01 -04 Elk Creek Filing No. 1 Final Acceptance And Surety Reduction Resolution 2022 -01 -04 Elk Creek Filing No. 1 Final Acceptance And Surety Reduction.pdf Discussion And Possible Action Regarding East Grand Middle School Robotics Club Funding Request EGMS Robitics Funding Request.pdf Resolution 2022 -01 -05 First Amendment To Grand Park Drive Improvement Agreement Resolution 2022 -01 -05 First Amendment To GP Drive Improvement Agreement.pdf First Amendment To Improvement Agreement 01 -05 -22.Pdf Election Presentation - Antoinette 2022 Election Calendar.pdf Water Wastewater Advisory Committee Ex -Officio Member Appointment Open Forum a) Business not on the agenda (If you would like to request time on the agenda please contact the Town Clerk, Antoinette McVeigh at 970 -726 -5491 ext. 201) Updates 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). 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 Litigation Executive Session For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e) To discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S. Section 24 -6 -402(4)(a) Regarding Land Acquisition Discussion And Possible Action Regarding Land Acquisition Adjourn UPCOMING MEETING WEDNESDAY, JANUARY 19, 2022 BOARD OF TRUSTEES https://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSg https://us02web.zoom.us/j/2590408013 1.6:00 P.M. 2. 3. 4. a. Documents: b. Documents: c. Documents: d. Documents: e. Documents: 5. a. Documents: b. Documents: c. Documents: d. 6. 7. 8. 9. 10. a. 11. Board Staff Direct : Define the service, product or value to be delivered Lead : Future focused planning Protect : Establish the operational boundaries to be respected by Staff and monitored by the Board Manage : Now focused policy and procedural guidance to ensure on time, on budget, and on target service delivery Enable : Advocacy, resource development, and role discipline Accomplish : Ensure the work defined by the direction of the Board of Trustees is accomplished Board of Trustees Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday January 5, 2022 6:00 PM - 9:00 PM Members of the Board may have dinner together @ 5:30 p.m. NOTE: Times are approximate and agenda subject to change Watch the meeting live on Fraser's YouTube Channel Participate in the meeting through our virtual platform Zoom Meeting Information Meeting ID:259 040 8013 Phone 1 -346 -248 -7799Roll CallApproval Of AgendaExecutive 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 litigation.Consent AgendaMinutes December 01, 2021TBM 2021 -12 -01.Pdf Resolution 2022 -01 -01 Official Posting Location Resolution 2022 -01 -01 Official Posting Location.pdf Resolution 2022 -01 -02 Rendezvous License Agreement Resolution 2022 -01 -02 Rendezvous License Agreement.pdf Resolution 2022 -01 -03 Lot 1 And Lot 2 Elk Creek Condominiums At Grand Park Final Acceptance And Surety Reduction Resolution 202 -01 -03 Lot 1 And Lot 2 Elk Creek Condominiums At Grand Park Final Acceptance And Surety Reduction.pdf Resolution 2022 -01 -04 Elk Creek Filing No. 1 Final Acceptance And Surety Reduction Resolution 2022 -01 -04 Elk Creek Filing No. 1 Final Acceptance And Surety Reduction.pdf Discussion And Possible Action Regarding East Grand Middle School Robotics Club Funding Request EGMS Robitics Funding Request.pdf Resolution 2022 -01 -05 First Amendment To Grand Park Drive Improvement Agreement Resolution 2022 -01 -05 First Amendment To GP Drive Improvement Agreement.pdf First Amendment To Improvement Agreement 01 -05 -22.Pdf Election Presentation - Antoinette 2022 Election Calendar.pdf Water Wastewater Advisory Committee Ex -Officio Member Appointment Open Forum a) Business not on the agenda (If you would like to request time on the agenda please contact the Town Clerk, Antoinette McVeigh at 970 -726 -5491 ext. 201) Updates 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). 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 Litigation Executive Session For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e) To discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S. Section 24 -6 -402(4)(a) Regarding Land Acquisition Discussion And Possible Action Regarding Land Acquisition Adjourn UPCOMING MEETING WEDNESDAY, JANUARY 19, 2022 BOARD OF TRUSTEES https://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSghttps://us02web.zoom.us/j/25904080131.6:00 P.M.2.3.4.a.Documents: b. Documents: c. Documents: d. Documents: e. Documents: 5. a. Documents: b. Documents: c. Documents: d. 6. 7. 8. 9. 10. a. 11. Board Staff Direct : Define the service, product or value to be delivered Lead : Future focused planning Protect : Establish the operational boundaries to be respected by Staff and monitored by the Board Manage : Now focused policy and procedural guidance to ensure on time, on budget, and on target service delivery Enable : Advocacy, resource development, and role discipline Accomplish : Ensure the work defined by the direction of the Board of Trustees is accomplished Board of Trustees Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday January 5, 2022 6:00 PM - 9:00 PM Members of the Board may have dinner together @ 5:30 p.m. NOTE: Times are approximate and agenda subject to change Watch the meeting live on Fraser's YouTube Channel Participate in the meeting through our virtual platform Zoom Meeting Information Meeting ID:259 040 8013 Phone 1 -346 -248 -7799Roll CallApproval Of AgendaExecutive 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 litigation.Consent AgendaMinutes December 01, 2021TBM 2021 -12 -01.PdfResolution 2022 -01 -01 Official Posting LocationResolution 2022 -01 -01 Official Posting Location.pdfResolution 2022 -01 -02 Rendezvous License AgreementResolution 2022 -01 -02 Rendezvous License Agreement.pdfResolution 2022 -01 -03 Lot 1 And Lot 2 Elk Creek Condominiums At Grand Park Final Acceptance And Surety ReductionResolution 202 -01 -03 Lot 1 And Lot 2 Elk Creek Condominiums At Grand Park Final Acceptance And Surety Reduction.pdfResolution 2022 -01 -04 Elk Creek Filing No. 1 Final Acceptance And Surety ReductionResolution 2022 -01 -04 Elk Creek Filing No. 1 Final Acceptance And Surety Reduction.pdfDiscussion And Possible Action RegardingEast Grand Middle School Robotics Club Funding RequestEGMS Robitics Funding Request.pdfResolution 2022 -01 -05 First Amendment To Grand Park Drive Improvement AgreementResolution 2022 -01 -05 First Amendment To GP Drive Improvement Agreement.pdfFirst Amendment To Improvement Agreement 01 -05 -22.PdfElection Presentation - Antoinette2022 Election Calendar.pdfWater Wastewater Advisory Committee Ex -Officio Member AppointmentOpen Forum a) Business not on the agenda (If you would like to request time on the agenda please contact the Town Clerk, Antoinette McVeigh at 970 -726 -5491 ext. 201) Updates 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). 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 Litigation Executive Session For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e) To discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S. Section 24 -6 -402(4)(a) Regarding Land Acquisition Discussion And Possible Action Regarding Land Acquisition Adjourn UPCOMING MEETING WEDNESDAY, JANUARY 19, 2022 BOARD OF TRUSTEES https://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSghttps://us02web.zoom.us/j/25904080131.6:00 P.M.2.3.4.a.Documents:b.Documents:c.Documents:d.Documents:e.Documents:5.a.Documents:b.Documents:c.Documents:d. 6. 7. 8. 9. 10. a. 11. Board Staff Direct : Define the service, product or value to be delivered Lead : Future focused planning Protect : Establish the operational boundaries to be respected by Staff and monitored by the Board Manage : Now focused policy and procedural guidance to ensure on time, on budget, and on target service delivery Enable : Advocacy, resource development, and role discipline Accomplish : Ensure the work defined by the direction of the Board of Trustees is accomplished FRASER BOARD OF TRUSTEES MINUTES DATE:December 1, 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, Brian Cerkvenik, Katie Soles, Parnell Quinn and Kaydee Fisher Staff:Town Manager, Ed Cannon; Town Clerk, Antoinette McVeigh; Marketing and Communication Manager Sarah Wieck; Finance Manager, Beth Williams; Police Chief, Glen Trainor Others:none Mayor Vandernail called the meeting to order at 6:01 p.m. 1.Rollcall: Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Andy Miller, Brian Cerkvenik, Katie Soles, Parnell Quinn and Kaydee Fisher 2.Approval of Agenda: Trustee Quinn moved, and Trustee Cerkvenik seconded the motion to approve the amended consent agenda moving item e) Resolution 2021-12-05 Rendezvous License Agreement to Public Hearing and Possible Action avii. Motion carried: 7-0. 3.Consent Agenda: a)Resolution 2021-12-01 GIS Service Center Subscription b)Resolution 2021-12-02 200 Eisenhower Lease Agreement c)Resolution 2021-12-03 FVMRD Lease Agreement d)Resolution 2021-12-04 Sharkys License Agreement e)Resolution 2021-12-06 Three Mile Plan Trustee Quinn moved, and Trustee Soles seconded the motion to approve the consent agenda. Motion carried: 6-0-1, Trustee Fisher was recused because of her interest in the Sharky’s License Agreement. 4.Public Hearing And Possible Action: a)2022 Budget Hearing Mayor Vandernail opened the public hearing at 6:03 p.m. Town Manager Ed Cannon presented to the Board. ai)Resolution 2021-12-07 Summarizing Revenues and Expenditures for Each Fund aii)Resolution 2021-12-08 Levying Property Taxes aiii)Resolution 2021-12-09 Appropriating Sums of Money to Various Funds and Agencies Page 2 of 3 aiv)Resolution 2021-12-10 Law Enforcement Budget av)Resolution 2021-12-11 Building Department Budget avi)Resolution 2021-12-12 MOU Headwaters Trail Alliance Mayor Vandernail closed the public hearing at 6:07 p.m. Trustee Soles moved, and Trustee Miller seconded the motion to approve the 2022 budget with the following changes, Page 8 of the budget message will be changed to the sales tax rate for the Town of Fraser is 5% and page 11 will state Dump Truck instead of Haul Truck, and Resolution 2021-12-07 Summarizing Revenues and Expenditures for Each Fund, Resolution 2021-12-08 Levying Property Taxes, Resolution 2021-12-09 Appropriating Sums of Money to Various Funds and Agencies, Resolution 2021-12-10 Law Enforcement Budget, Resolution 2021-12-11 Building Department Budget, Resolution 2021-12-12 MOU Headwaters Trail Alliance. Motion carried: 7-0. avii) Resolution 2021-12-05 Rendezvous License Agreement No Action, will be brought back to a future meeting. Trustee Quinn moved, and Trustee Cerkvenik seconded the motion to suspend the Board of Trustees meeting and open the Liquor and Beer Licensing Authority meeting. Motion carried: 6-0-1, Trustee Fisher was recused because she is an owner of Fishers Fraser Bar. 5.Liquor and Beer Licensing Authority: a)Fishers Fraser Bar LLC Liquor License Renewal Town Clerk McVeigh and Police Chief Trainer presented and answered questions. Applicant Kaydee Fisher responded to the incidents. Trustee Cerkvenik moved, and Trustee Quinn seconded the motion to approve Fishers Fraser Bar LLC Liquor License Renewal. Motion carried: 6-0-1, Trustee Fisher recused herself. b)Public Hearing and Possible Action Trustee Soles moved, and Trustee Quinn seconded the motion to open the Public Hearing at 6:25 p.m. Motion carried: 6-0-1, Trustee Fisher recused herself. Town Clerk McVeigh presented the application, liquor finding facts, proof of publication and petition to the Board. Applicant Kaydee Fisher answered questions. Trustee Soles moved, and Trustee Waldow seconded the motion to accept the application, liquor finding facts, proof of publication and petition as Exhibit A for the record. Motion carried: 6-0-1, Trustee Fisher recused herself. No Public Comment was taken. Trustee Soles moved, and Trustee Waldow seconded the motion to close the Public Hearing at 6:37 p.m. Motion carried: 6-0-1, Trustee Fisher recused herself. Page 3 of 3 bii)Resolution 2021-12-16 Fishers Fraser Bar LLC Modification of Premises Trustee Cerkvenik moved, and Trustee Soles seconded the motion to approve Resolution 2021-12-16 Fishers Fraser Bar LLC Modification of Premises Motion carried: 6-0-1, Trustee Fisher recused herself. Trustee Soles moved, and Trustee Quinn seconded the motion to close the Liquor and Beer Licensing Authority meeting and continue the Board of Trustees meeting. Motion carried: 7-0. 6.Discussion and Possible Action Regarding a)Resolution 2021-12-15 Preliminary Acceptance of Kings Crossing Loop Roads Trustee Soles moved, and Trustee Cerkvenik seconded the motion to approve Resolution 2021-12-15 Preliminary Acceptance of Kings Crossing Loop Roads. Motion carried: 7-0. 7. Open Forum: N/A 8.Updates a) Trustee Waldow, why aren’t the TAC meeting happening b)Trustee Miller, The Board will have Andy Miller continue as the Fraser Representative for Northwest Colorado Council of Governments. EMS building on Eisenhower 9.Adjourn: Trustee Soles moved, and Trustee Cerkvenik seconded the motion to adjourn. Motion carried: 7-0. Meeting adjourned at 7:03 p.m. _____________________________ Antoinette McVeigh, Town Clerk TOWN OF FRASER RESOLUTION NO. 2022-01-01 A RESOLUTION DESIGNATING THE PUBLIC PLACE FOR POSTING NOTICES WHEREAS,C.R.S.§24-6-402(2)(c)requires the Town to annually designate the public place for posting notices to comply with the Colorado Open Meetings Law,C.R.S.§24-6-402, et seq. (the "Open Meetings Law"); WHEREAS, consistent with House Bill 19-1087, the Town hereby desires to post notice of the Town's public meetings on the Town's website as the Town's official online presence to the greatest extent practicable; and WHEREAS,the intent of the general assembly is to relieve a local government of the requirement to physically post meeting notices.On and after July 1,2019,a local public body shall be deemed to have given full and timely notice of a public meeting if the local public body posts the notice,with specific agenda information if available,no less than twenty-four hours prior to the holding of the meeting on a public website of the local public body.The notices are accessible to the public at no charge.The notices shall be searchable,if feasible,by type of meeting,date and time of meeting,and agenda contents.A local government that posts notices of public meetings on its website may continue to post the notices in a physical location,but is not required to do so. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1.Designation.The Board of Trustees of the Town of Fraser,in compliance with C.R.S.§24-6-402(2)(c)of the Open Meetings Law,hereby designates the Town website at www.frasercolorado.com as the official place for posting notices.The Town may additionally post notices at Fraser Town Hall,located at 153 Fraser Avenue and the Fraser Post Office, located at 520 Zerex Street.If there is a known outage or an emergency meeting,the Town may post a physical notice at the public entrance of the Fraser Town Hall. DULY MOVED, SECONDED AND ADOPTED THIS 5th DAY OF JANUARY, 2022. Votes in favor: ___BOARD OF TRUSTEES OF THE Votes opposed: ___TOWN OF FRASER, COLORADO Abstained: ___ BY: Mayor ATTEST: (S E A L) Town Clerk TOWN OF FRASER RESOLUTION NO. 2022-01-02 A RESOLUTION APPROVING A REVOCABLE LICENSE AGREEMENT WITH RENDEZVOUS COLORADO, LLC PERMITING 2 SHEDS OWNED BY RENDEZVOUS COLORADO, LLC TO REMAIN ON TOWN PROPERTY AND ALLOWING THE TOWN TO CONDUCT RANDOM INSPECTIONS OF THE CONTENT OF THE SHEDS NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Town Board of Fraser, Colorado hereby approves the attached license agreement and authorizes the Town Manager to execute the license agreement. 2. All documents must be executed within sixty days of the date of this Resolution or this approval shall no longer be effective. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 5th DAY OF JANUARY, 2022. Votes in favor: ___ BOARD OF TRUSTEES OF THE Votes opposed: ___ TOWN OF FRASER, COLORADO Abstained: ___ BY: Mayor ATTEST: (S E A L) Town Clerk Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com LICENSE AGREEMENT THIS LICENSE AGREEMENT (“Agreement”) is made and entered into on January 1, 2022, by and between THE TOWN OF FRASER, COLORADO, a municipal corporation, P.O. Box 370, Fraser, CO. 80442 (the “TOWN”) and Rendezvous Colorado, LLC, P.O. Box 149, Winter Park, CO. 80482 (“LICENSEE”). This agreement is effective upon execution of the LICENSEE and following execution by the Manager of the Town of Fraser on the date indicated below. ARTICLE 1.0 – RECITALS AND PURPOSE. 1.1 The TOWN is the owner of a certain 15,989 square foot parcel of property known as Well Site No.5 and legally described in Exhibit A (“TOWN property”). 1.2 LICENSEE has inadvertently erected 2 (two) storage sheds with concrete pads on said TOWN property. 1.3 LICENSEE has requested, and the Town has agreed to grant a revocable license to the LICENSEE under the terms and conditions as hereinafter specified in this Agreement. ARTICLE 2.0 – TERMS AND CONDITIONS. In consideration of the TOWN’S agreement to permit the LICENSEE to leave the two (2) existing storage sheds with concrete pads on said TOWN property, TOWN and LICENSEE agree as follows: 2.1 TOWN hereby grants to the LICENSEE a revocable license to leave in place the two (2) existing storage sheds with concrete pads on said TOWN property with such limitations as are set forth herein, including, but not limited to: a. LICENSEE shall perform best management practices so as not to engage in any activity which creates a foreseeable risk of damage or injury to the Town’s drinking water supply as outlined in the Town of Fraser Municipal Code, Article 3; Water Supply Protection District, Sections 13-3-10 through 13-3-90. b. The maintenance and repair of the 2 (two) existing storage sheds allowed by this Agreement shall be at LICENSEE’S sole expense and LICENSEE agrees to maintain said storage sheds in good repair during the period of this Agreement. In addition, the location of the two (2) storage sheds shall remain in the existing locations as depicted on the attached Exhibit B. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com c. LICENSEE understands and agrees that the TOWN shall not be liable or responsible for any costs related to any damage, maintenance and/or repair of the two (2) storage sheds pursuant to this Agreement. 2.2 The license as granted in paragraph 2.1 above shall continue from the date of this Agreement to the time that this Agreement is terminated. The TOWN may terminate this Agreement at any time by giving thirty (30) days written notice in advance of the effective date of termination and specifying the date of termination therein and, in the event the TOWN exercises said right to terminate, LICENSEE expressly agrees to remove the storage sheds from the TOWN’S property by the effective date of termination and return such property to its original condition as promptly thereafter as is reasonably possible. This license shall automatically renew each calendar year unless there is a change in ownership. 2.3 LICENSEE expressly agrees to indemnify and hold harmless the TOWN and any of its officers or employees from any and all claims, damages, liability, or court awards, including costs and attorney’s fees that are or may be awarded as a result of any loss, injury or damage sustained or claimed to have been sustained by anyone, including, but not limited to, any person, firm, partnership, or corporation, in connection with, arising out of, or relating to the issuance of this license. 2.4 LICENSEE agrees to name the TOWN as an additional insured on their insurance policy and provide written verification of same to the TOWN. 2.5 The TOWN does not waive, nor shall anything herein be construed as a waiver of, any of the rights, privileges, or immunities granted to it under the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as amended. 2.6 LICENSEE agrees to repair and reconstruct any damage to the TOWN”S property prior to or immediately upon termination of this Agreement for any reason and return such property to its original condition at the expense of LICENSEE and at no expense to the TOWN. ARTICLE 3.0 – ASSIGNMENT. This Agreement shall not be assigned by LICENSEE without the prior written consent of the TOWN which may withhold its consent for any reason. ARTICLE 4.0 – EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated herein for all purposes. ARTICLE 5.0 – INTEGRATION AND AMENDMENT. This Agreement represents the entire Agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any other provision of this Agreement is held invalid or Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. ARTICLE 6.0 – NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement , and all rights of action relating to such enforcement, shall be strictly reserved to the TOWN and the LICENSEE, and nothing contained in this Agreement shall give or allow any such claim or right of action by any third party on such Agreement. TOWN OF FRASER A Municipal Corporation By: Ed Cannon, Town Manager ATTEST: By: Town Clerk LICENSEE By: Terry Stanford, Rendezvous Colorado, LLC. STATE OF COLORADO ) ) ss. COUNTY OF GRAND ) Subscribed and sworn to (affirmed) before me this day of 2022, by . Notary Public My commission expires: [ S E A L ] X 0 5,. -` sue- THE s ' i—ER M T 1, ,> himav 75 f TrtE e r 04, IdAww V FAL AND N sm a oQwvw',F CANON 7% v , AJRVV 13 M LEFT HAVING A QN His V4 A 3 y ca 17g g I" UEMOM low 1 V nil pAGKV eftm HisMCIV! Oil t 0 IM7.05 22 V", 3 p U D TA ROSINE R 4 f r r. 1 N „ EXHIPT V OR R SAN sita x x will on jr POHT CRT Y t t 1 5 a 9,' , a 7{.., r AV ti. w six r w d ff+ S Y 1f e z Ex 0i it Weil No,5 ISR si Mw c rr x r TOWN OF FRASER RESOLUTION NO. 2022-01-03 A RESOLUTION APPROVING FINAL ACCEPTANCE OF ALL IMPROVEMENTS ASSOCIATED WITH THE SUBDIVISION IMPROVEMENT AGREEMENT (SIA) FOR LOT 1 AND LOT 2, ELK CREEK CONDOMINIUMS AT GRAND PARK AND RELEASE OF SURETY WHEREAS, the Subdivision Improvement Agreement (SIA) for Lot 1 and Lot 2, Elk Creek Condominiums at Grand Park (Reception # 2019004898) provided for a schedule for completion of Improvements; WHEREAS, Town staff has inspected all Improvements and has determined that all such Improvements have been completed and meet the requirements for final acceptance by the Town and any remaining surety given to ensure the completion of such Improvements should be released. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1.The Fraser Town Board hereby finds and determines that: a) All Improvements have been satisfactorily completed in accordance with the approved plans and specifications for such Improvements; b) all warranty periods provided in the SIA and Fraser’s regulations have ended or are waived; and c) all other applicable requirements for acceptance of the Improvements have been satisfied or are hereby waived by the Board. 2.The Fraser Town Board hereby authorizes final acceptance of said Improvements and the release of the remaining surety in the amount of $48,862.00 3.Payment of all applicable fees with in fifteen days of approval of the resolution or the resolution will relapse. READ, PASSED ON ROLL CALL VOTE, AND ADTOPTED BY THE BOARD OF TRUSTEES THIS 5th DAY OF January, 2022. Votes in favor: ___BOARD OF TRUSTEES OF THE Votes opposed: ___TOWN OF FRASER, COLORADO Abstained: ___ Absent:___ BY: Mayor ATTEST: (S E A L) Town Clerk TOWN OF FRASER RESOLUTION NO. 2022-01-04 A RESOLUTION APPROVING FINAL ACCEPTANCE OF ALL IMPROVEMENTS ASSOCIATED WITH THE SUBDIVISION IMPROVEMENT AGREEMENT (SIA) FOR THE Elk CREEK AT GRAND PARK FILING NO. 1 AND RELEASE OF SURETY WHEREAS, the Subdivision Improvement Agreement (SIA) for Elk Creek at Grand Park Filing No. 1 (Reception # 2016001819) provided for a schedule for completion of Improvements; WHEREAS, Town staff has inspected all Improvements and has determined that all such Improvements have been completed and meet the requirements for final acceptance by the Town and any remaining surety given to ensure the completion of such Improvements should be released. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1.The Fraser Town Board hereby finds and determines that: a) All Improvements have been satisfactorily completed in accordance with the approved plans and specifications for such Improvements; b) all warranty periods provided in the SIA and Fraser’s regulations have ended or are waived; and c) all other applicable requirements for acceptance of the Improvements have been satisfied or are hereby waived by the Board. 2.The Fraser Town Board hereby authorizes final acceptance of said Improvements and the release of the remaining surety in the amount of $64,221.00 3.Payment of all applicable fees with in fifteen days of approval of the resolution or the resolution will relapse. READ, PASSED ON ROLL CALL VOTE, AND ADTOPTED BY THE BOARD OF TRUSTEES THIS 5th DAY OF January, 2022. Votes in favor: ___BOARD OF TRUSTEES OF THE Votes opposed: ___TOWN OF FRASER, COLORADO Abstained: ___ Absent:___ BY: Mayor ATTEST: (S E A L) Town Clerk East Grand Middle School PO Box 2210 Granby, CO 80446 Date: November 10, 2021 Dear Grand County Companies, We are excited to have four F/RST® Tech Challenge Teams this year at East Grand Middle School. First Tech Challenge is an after school program for students, grades 7-12, to learn about the fields of science, technology, engineering, and math (STEM) through hands-on learning with robotics as its center focus. We are reaching out today in hopes of seeking team funding. Participating in FIRST Tech Challenge allows our teams to learn more about math and science while expanding our knowledge of careers involving computer programming, business, and engineering. As you may know, getting young people interested in these fields is very important to our community, our state, and our great nation. Through the First Tech Challenge program, robotics team members build and program robots. These robots then compete at regional competitions, with the potential of qualifying for the First Tech Challenge Colorado State Tournament and the World Championship Competition. The program continues to grow at East Grand Middle School, as we now have four teams with 28 participants in total. We began five years ago with one team of eight students and are extremely proud of all that we have accomplished and learned through this process. We are very happy to be able to expand our robotics program and allow more people to join, although adding a new team is expensive. The cost of creating a new team and purchasing the needed robotics kits and competition fees is $1500.00 alone. Along with this added cost we need additional tools and supplies for this new team. We are also in need of additional funds for two REV Control Hubs, which are the brains of the robot and cost $330.00 each. Since this program is expensive, community support is important. Our team would like to set up a time with you to explain why we are so excited about FIRST Tech Challenge. We'd also like to share with you the benefits of becoming a sponsor and other ways to support the FIRST Tech Challenge. With these hard times, we understand that it is not an easy thing to donate or ask for money from other local businesses. We know that other businesses have it just as hard. Even if you just read the letter and are not able to sponsor this year, we thank you for your past and possible future support. More information about our program can be found by contacting our coaches, Missy Woods and Rebecca Chernin at East Grand Middle School. Additional information about the FIRST Tech Challenge program can be found at http://firstinspires.org/robotics/ftc. Sincerely, FIRST Tech Challenge Teams: Metal Minds, Gadgetrons, Birds of Prey, and the Grizzlies Local Business Sponsor Form EGMS Robotics Thank you for your generous sponsorship of our FIRST Tech Robotics Challenge Team at East Grand Middle School. This is a large expense and we appreciate your tax deductible financial assistance, which enables students to participate in this unique opportunity. We are thankful for any amount you are able to donate. Team #13879 - EGMS Metal Minds Team #15289 - EGMS Gadgetrons Team #18793 EGMS Birds of Prey New Team - EGMS Grizzlies SPONSOR LEVELS: (please indicate) Gold - $500+ donation Silver - $250 - $499 donation Bronze - $100- $249 donation Thank you for being a member of the community, we appreciate ANYTHING you are able to donate! Name of Donating Business: Contact Address: Contact Phone number: Contact Person: Make out your tax-deductible check to: EGSD Please mail payment to: OR East Grand Middle School PO Box 2210 Granby, CO 80446 Please drop off to: East Grand Middle School 251 W. Diamond Ave. Granby, CO 80446 For questions and information, contact Missy Woods - missyewpods(4)cgsd org or Rebecca Chernin - ir'ebecca.chernin ie sd.org -1- TOWN OF FRASER BOARD OF TRUSTEES Resolution No. 2022-01-05 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO AN IMPROVEMENT AGREEMENT PERTAINING TO GRAND PARK DRIVE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER , COLORADO, THAT: 1. Subject to the Preliminary Acceptance of Roads Agreement between Cornerstone Winter Park Holdings, LLC, Grand Park Development, LLC, the Town of Fraser, and the Town of Winter Park being first executed by all the parties thereto, the Mayor is hereby authorized to execute the First Amendment to an Improvement Agreement between the Town of Fraser and Cornerstone Winter Park Holdings, LLC, pertaining to the Grand Park Drive Connector, a copy of which is attached. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS _____ day of __________________________, 2022. Votes in favor: ___ BOARD OF TRUSTEES OF THE Votes opposed: ___ TOWN OF FRASER, COLORADO Absent: ___ Abstained: ___ BY:_____________________________ Mayor ATTEST: ( S E A L ) _______________________________ Town Clerk 1 FIRST AMENDMENT TO IMPROVEMENT AGREEMENT THIS FIRST AMENDMENT TO IMPROVEMENT AGREEMENT (the “First Amendment”) is made and entered into the _____ day of January 2022, by and between THE TOWN OF FRASER, a Colorado municipal corporation (“Town”), and CORNERSTONE WINTER PARK HOLDINGS, LLC, a Colorado limited liability company (“Cornerstone”). 1. Improvement Agreement. The Town and Cornerstone entered into an Improvement Agreement pertaining to Grand Park Drive Connector effective March 31, 2021 and recorded April 05, 2021 at Reception No. 2021003839 of the Grand County records (the “Improvement Agreement”). This First Amendment amends and modifies the Improvement Agreement. To the extent of any conflict between the Improvement Agreement and this First Amendment, this First Amendment shall control. Except as specifically set forth in this First Amendment, all of the terms and conditions of the Improvement Agreement are ratified and affirmed by the Town and Cornerstone. 2. Construction Documents and Improvements. The Construction Documents referred to and described in Paragraph 1B of the Improvement Agreement are amended and modified such that the Construction Documents describing and defining the Improvements governed by the Improvement Agreement are as follows: a. One hundred percent (100%) construction plans for Kings Crossing Road Extension (Issue 8, dated August 5, 2020); b. One hundred percent (100%) construction plans for Grand Park Drive, Old Victory Road and the Railroad Underpass (Issue 7E, dated October 16, 2020); c. One hundred percent (100%) construction plans for roundabout: Old Victory Road and Main Street (Issue 6, dated September 28, 2021). (Collectively, the Improvements). 3. Preliminary Acceptance. Cornerstone has provided all required information and documentation to Town for preliminary acceptance of the Improvements as set forth in Paragraph 5.1 of the Improvement Agreement. Town hereby provides its preliminary acceptance of the Improvements, subject only to the exceptions set forth Paragraph 4 below. 4. Exceptions to Preliminary Acceptance. During its inspection of the Improvements for purposes of providing preliminary acceptance, Town has identified certain items within the Improvements which have either not been completed or have not been completed to the satisfaction of Town (the “Punch List Items”). The Punch List Items requiring completion or repair prior to preliminary acceptance by Town are set forth with specificity in Exhibits A and B, attached hereto and incorporated herein. Cornerstone shall perform the work necessary to complete the Punch List Items to the reasonable satisfaction of Town on or before June 30, 2022. 2 5. Punch List Surety. Simultaneous with execution of this First Amendment, Cornerstone shall provide and has provided to Town surety in the form of cash or a letter of credit in the amount of $233,400 to assure completion of the Punch List Items. In the event the Punch List Items have not been completed by Cornerstone and preliminarily accepted by Town by July 31, 2022, Town may utilize the surety to complete the Punch List Items. 6. Warranty. The one-year warranty on the Improvements, as set forth in Paragraph 6 of the Improvement Agreement, shall commence with respect to all of the Improvements with the sole exception of the Punch List Items on the date of this First Amendment. The one-year warranty on the Punch List Items shall commence on the date of Town’s preliminary acceptance of the Punch List Items. IN WITNESS WHEREOF, Town and Cornerstone have set their hands and seals effective the date first above written. [SIGNATURE PAGES FOLLOW] 3 ATTEST: THE TOWN OF FRASER, a Colorado statutory municipal corporation ______________________________ By: ______________________________ Town Clerk Mayor STATE OF COLORADO ) ) ss. COUNTY OF GRAND ) The foregoing instrument was acknowledged before me this ____ day of January, 2022, by ____________________________, Mayor, and ____________________________, Town Clerk of the Town of Fraser, a Colorado statutory municipal corporation. WITNESS my hand and official seal. My commission expires: ______________________ ______________________________ Notary Public 4 CORNERSTONE WINTER PARK HOLDINGS, LLC, a Colorado limited liability company By: __________________________________________ Its: __________________________________________ STATE OF COLORADO ) ) ss. COUNTY OF GRAND ) The foregoing instrument was acknowledged before me this ____ day of January, 2022, by ____________________________, as _______________________ of Cornerstone Winter Park Holdings, LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: ______________________ ______________________________ Notary Public Project: Grand Park Drive To: Grand Park Development From: Town of Fraser DOES NOT INCLUDE ITEMS WITHIN THE "KINGS CROSSING LOOP ROADS" AREA UPDATED BY Fraser 12/9/21 Exhibit A Sheet 1 of 2 The following items require the attention of the Contractor for completion or correction. This list may not be all-inclusive, and the failure to include any items on this list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Item oc on Description Correction/Completion Date Verification (Y/N Cost Estim e Roadway and U y Easement Agree en Under Review Landscape dedication documents To be drafted Valves VO edian of GPD east of Roundabout Needs Concrete collar 14-3-260 (b) (11) (d Finish final grade Manholes Surface Improvements Pavement East of Roundabout (RA Approx STA 5+70 Approx STA 6+70 Approx STA 6+2 GPD East of RA towards Market St. 2022 NEW WEST PAVNG REDO Top lift of asphalt failing density testing (700ft x 14ft x 2 Ian s= 19,600 sq ft x $3.50/sq ft= $68,600) North side of Grand Park Drive (GPD) East of RA (p.14) North side of Grand Park Drive (GPD) East of RA Both sides GPD (p.14) South side of Grand Park Drive (GPD) East of RA South Side of GPD (p.14) Installed Type L Rip Rap at culvert that is not on approved plans. (12 tons). rrlst aiied but where does Flip Rap drain to? Per Ilan` •Install Type L Rip Rap (60 sq ft x 12" deep) (x2) (12 tons). lnst Nedi but where does Rip Rap drain t s e " Plan? Install Type L Rip Rap (4'x10'x12" deep) (5 ons 68,600.00 1,500.00 Install 12" curb chase per plan 3,500.00 GPD Bike Path Bike path E.B. GPD towards gas station Pave bike path per plans. (700' x 10' x $5/sq ft). 35,000.00 Total Work Cost $ 108,600.00 ONLY INCLUDES ITEMS ON THE Grand Park Drive, Old Victory Road and Railroad Underpass Plan Set NOT WITHIN THE AREA KNOWN AS "KINGS CROSSING LOOP ROADS" Project: Old Victory Road To: Grand Park Development From: Town of Fraser OT INCLUDE ITEMS WITHIN THE "KINGS CROSSING LOOP ROADS" AREA UPDATED BY Fraser 12/9/21 Exhibit A Sheet 2 of 2 The following items require the attention of the Contractor for completion or correction. This list may not be all-inclusive, and the failure to include any items on this list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Item Location (Area) Description Correction/Completion Date Verification (Y/N Cost Estima e Roadway and Utility Easement Agreemen Under Review Valves Ex GPV027 NW of Roundabout on OVR Lower Valve box to 1/2" below grade Lower Valve box to 1/2below grade 1,000.00 Ex FHGPV028 Surface p ovements NW of Roundabout on OVR 1,000.00 Pavemen NWof Roundabout on OVR Minor road damage from heavy equipment. Multiple areas, see power point. Note for Final Acceptance Walk. Repair asphalt separating/cracking. See photo. Pavement transition is not seamless. Lump of asphalt behind seam. See photo. Curb is damaged. Fix Curb. Pavement Pavement NW of Roundabout on OVR At Pork Chop NW of Roundabout At Pork Chop NW of Roundabout Curb Bike Path North of Roundabout on OVR at Leland Creek Crossing 10,000.00 10,000.00 5,000.00 3,000.00 Transition to Bike Path needs to paved with asphalt per plan and to match adjacent path 2,000.00 Total Work Cost $ 32,000.00 0 Li( RFLECTS ITEMS ON THE Roundabout: Old Victory Road & Main Street Plan Set NOT WITHIN THE AREA KNOWN AS "KINGS CROSSING LOOP ROADS" Project: Grand Park Drive, Old Victory Road and Railroad Underpass To: Grand Park Development ONLY INCLUDES ITEMS WITHIN THE "KINGS CROSSING LOOP ROADS" AREA From: Town of Fraser UPDATED BY Fraser 12/9/21 Exhibit B Sheet 1 of 2 The following items require the attention of the Contractor for completion or correction. This list may not be all-inclusive, and the failure to include any items on this list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. tem Lac ion Area) Description Correction/Completion D Verification (Y/N Cost Estima e Utility Easement Document for Water/Sewe GPD Extension past Kings Xing Extension Under Revie Utility Easement Document for Sewe H10atoMHlOb Under Revie Bike Path Legal and Agreement eland Creek Bike Path egal has not been submitted/Agreement under review Roadway and Utility Easement Agreement Under Review Manholes H02 Pg 6 Surface MH to proper final grade (buried 2,000.00 MH03 Pg 6 Repair broken riser ring. (Entails removal/repair of asphalt) H07 Pg 7 Add Riser Ring. (Entails removal/repair of asphalt) 2,000.00 2,000.00 H09 Fire Hydrants FH02 Surface Improvements Pg 7 Repair broken riser rings. (Entails removal/repair of asphalt) STA 1+21.47 Just west of Underpass (UP) near storm inlet (p.18 Sidewalk/Bike Path East Side RA North and South of RA Roundabout (RA Roundabout 3 Pork Chops around RA Pork chops around RA Install pavers (approx 3000 sq 2,000.00 50.00 000.00 4,000.00 ,000.00 $ 15,000.00 Total Work Cost $ 55,150.00 ONLY INCLUDES ITEMS ON THE Grand Park Drive, Old Victory Road and Railroad Underpass Plan Set WITHIN THE AREA KNOWN AS "KINGS CROSSING LOOP ROADS" Project: Roundabout: Old Victory Road & Main Street To: Grand Park Development From: Town of Fraser ONLY INCLUDES ITEMS WITHIN THE "KINGS CROSSING LOOP ROADS" AREA UPDATED 8Y Fraser 12/9/21 Exhibit B Sheet 2 of 2 The following items require the attention of the Contractor for completion or correction. This list may not be all-inclusive, and the failure to include any items on this list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Item cation (Area Description Correction/Completion Date Verification (Y/N Cost Estimate Roadway and Utility Easement Agree en Under Review Valves anholes Ex MHGPV018 Pg 6 Remove construction debris from trough and bench 150.00 Surface Improvements Sidewalk pavement North of RA at and beyond crosswalk per new plans p.12 East of RA at crosswalk Install asphalt (estimated 1000 sq ft) per new plans Install 12" sidewalk chase and 4'x17'xl' Type VL Riprap per new plans nstall Tpe C Inlet/32.49LF 24" RCP/8'xll'x1.5' Type L Riprap 2" Sidewalk Chase/VL Riprap per new plans Type C Inlet/RCP/Riprap per new plans 3 Pork Chops Roundabout North of Southerly RA app ox 200 3 pork chops around RA Roundabout Install Pavers (1500 sq ft)OR CONCRETE Install Pavers (2600 sq ft) OR CONCRETE 5,000.00 5,000.00 10,000.00 7,500.00 10,000.00 Total Work Cost $ 37,650.00 ONLY REFLECTS ITEMS ON THE Roundabout: Old Victory Road & Main Street Plan Set WITHIN THE AREA KNOWN AS "KINGS CROSSING LOOP ROADS" Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com TOWN OF FRASER ELECTION CALENDAR REGULAR MUNICIPAL ELECTION - APRIL 5, 2022 January 4 First day to pick up and circulate nomination petition January 24 Last day to circulate and file nomination petition January 28 Last day for write-in candidate to file affidavit of intent January 31 Last day to amend a nomination petition January 31 Last day for nominees to withdraw March 15 FCPA reports must be filed with Town Clerk April 1 FCPA reports must be filed with Town Clerk April 5 Election Day, polls open 7:00 a.m. – 7:00 p.m. April 15 Last day to submit a certified written request for a recount May 5 FCPA reports must be filed with Town Clerk For further information, please contact the Town Clerk at 970.726.5491 or visit our website at www.frasercolorado.com.