HomeMy Public PortalAboutTBP 2023-04-19COLORADO
Board of Trustees
Workshop and Regular Meeting Agenda
Fraser Town Hall, 153 Fraser Avenue and Virtually
Wednesday April 19, 2023
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 https://www.youtube.com/channel/UCs5aHnI7d-kk0j1 cxV28DSq
Participate in the meeting through our virtual platform
Zoom Meeting Information
https://us02web.zoom.us/j/2590408013
Meeting 10:259 040 8013
Phone 1-346-248-7799
1. 6:00 P.M. Workshop - Clayton Court Rezoning Michael And
Baseline
2. 7:00 P.M. Roll Call
3. Approval Of Agenda
4. Consent Agenda
a. Minutes April 5, 2023
Documents:
IBM 2023 04.-0b.IFldt
nw ilc rn Ilan SIr eet Aprill 5, 2023.IFldt
b. Resolution 2023-04-02 Elk Creek Condos Filling 3 Final Acceptance
And Release Of Surety
Documents:
"..lesoIlut�ikorn 202' 04.02 ILIllk Creek Condos Ir il lllliirrc.
croptirncr's And
R.ellease Of Suurety.lpatf
c. Resolution 2023-04-04 Elk Creek Condos Filling 4 Final Acceptance
And Release Of Surety
Documents:
su�rllu irn 2023-04.04. IEIllk Creek Con "..) IFilllllihrncf gyp. Fijnall Acceptance /\innd
R.ellease Of Suurety.lpatf
5. Open Forum
a. Business not on the agenda (If you would like to request time on a future
agenda please contact the Town Clerk)
6. Public Hearing And Possible Action
a. Ordinance No. 496 Amending Chapter 19 Regarding The
Development Improvements Agreement - Monica
Documents:
C)rctijrnance No. 4196 Arnendi'irnq ¢,:;h atrtaair tt t awa n rd0ng The Development
rnpirovemrenuts Agreearnernt..IPdt
Proof Of p= >uubllkcatihoro.lpdf
b. Ordinance No. 497 Amending Chapter 19 Regarding Changes To
The Review Process - Monica
Documents:
C)rdonrarncea No. 4t)"A Aarneruu• unq 0tnalpter 19 IReg ardhrnu ¢,.;tn airuu a';a,} ur The
Revilevw Proc.; +ss.lpdf
Proof Of p= >uubllkcatihoro.lpdf
7. Discussion And Possible Action Regarding
a. Ordinance No. 495 Amending Chapter 14 Regarding Grease
Interceptors - Paul
Documents:
C)rdilruannce No. 495 Arnearod0rua ¢..,tn alptc r ,14 Rea ardionng Grease
rnterceptors.pdf
b. Industrial Pre -Treatment Program (IPP) Options - Joe And Michael
Documents:
lrndo.ais'trjuall IRrd t rcaatrneinrt Program (OPP) c p'tihorns °3tatt Biroc f0rnq.Ipdf
OIPP 0ptihoin 1 great ijrnduustroall Waste At The WW P IIHanndouutpdf
O p' 0pt0orn 2 Mandate Brewer 0es And t.-)ustiilllleir0es To 0rnstallll O p' (.)n nw it
Hand out„ pdf
c. JFOC Independent Manager Alternative Study - Rob
Documents:
nJlr°()C IIndeperndernt IM •aria Qc ' r Jtudy IPralp rsslll For WWII i' Goveirraarnn o-w.Frn:9t
,J IF°O( Ilirua:a::per»dent Manager Study - IF°
d. Treasurer's Report - Rob
Documents:
Tre
8. Updates
9. Adjourn
sure : Din r Ort t 4192; .IPdt
Erid aq rnent Lott r.prff
UPCOMING MEETING
WEDNESDAY, APRIL 26, 2023 BOARD OF TRUSTEES
Board
Staff
Direct: Define the service, product or value
Lead: Future focused planning
to be delivered
Protect: Establish the operational
Manage: Now focused policy and procedural
boundaries to be respected by Staff and
monitored by the Board
guidance to ensure on time, on budget, and on
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
Please contact the Town Clerk to request accommodations to assist people with
disabilities to participate in public meetings. Listening devices for people with
hearing impairment are available upon request.
Town Clerk, Antoinette McVeigh 970-531-9943 or amcveigh@town.fraser.co.us
FRASER BOARD OF TRUSTEES
MINUTES
DATE: April 5, 2023
MEETING: Board of Trustees Regular Meeting
PLACE: Fraser Town Hall Board Room and Virtually
PRESENT
Board:
Staff:
Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Brian
Cerkvenik, Kaydee Fisher, Lewis Gregory, Parnell Quinn and, Katie Soles
Town Manager, Michael Brack; Town Clerk, Antoinette McVeigh; Deputy
Town Clerk Leslie Crittenden; Finance Director, Rob Clemens; Public
Works Director, Paul Johnson; Project Manager, Monica Kopf; Police
Chief Glen Trainor
Others: See attached list
Mayor Vandernail called the meeting to order at 7:01 p.m.
1. Rollcall: Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Brian
Cerkvenik, Kaydee Fisher, Lewis Gregory, Parnell Quinn and, Katie Soles
2. Approval of Agenda:
Trustee Quinn moved, and Trustee Waldow seconded the motion to approve the
amended agenda removing item 8a Resolution 2023-04-02 Final Acceptance of Grand
Park at Elk Creek Filing No. 3, 4 And 5. Motion carried: 7-0.
3. Consent Agenda:
a) Minutes March 15, 2023
b) Resolution 2023-04-01 Amending and Restating Resolution 2023-03-02 Surety
Reduction for Elk Creek Condominiums at Grand Park Lot 3
Trustee Soles moved, and Trustee Cerkvenik seconded the motion to approve the
consent agenda. Motion carried: 7-0.
4. Open Forum:
5. Grand County Library District Update: - Polly Gallagher, Jeanette McQuaid, Salley
LeClaire
6. East Grand Fire Protection District #4 Update: - Todd Holzwarth
7. Discussion and Possible Action:
a) Resolution 2023-04-03 Amended Fiscal Year 2023 Budget
An updated 2023 Budget was presented; it is not required to be filed with the
Department of Local Affairs. No Vote.
Page 2 of 3
b) Finance Outsourcing Options:
Trustee Soles moved, and Trustee Waldow seconded the motion to accept the proposal
from Caselle. Motion carried: 6-1, Nay Quinn.
c) US Highway 40 Potholes:
CDOT will be repairing the potholes on Highway 40 the second week of April 2023. A
new mill and overlay is scheduled for 2026/2027.
d) Welcome Campaign:
Sarah Wieck, Marketing and Communications Manager presented some welcome
campaign suggestions that will be on social media.
e) Emergency 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). Regarding Metro District Service Plan Amendment Public
Hearing Date to include Town Manager Michael Brack.
Trustee Waldow moved, and Trustee Katie seconded the motion to open the executive
session. Motion carried: 7-0.
Trustee Gregory moved, and Trustee Soles seconded the motion to close the executive
session. Motion carried: 7-0.
e) Establishing Date for Metro District Service Plan Amendment Public
Hearing:
Trustee Quinn moved, and Trustee Soles seconded the motion to schedule the public
hearing regarding metropolitan service plan amendments for the following metro
districts:
o Grand Park North Meadow Metropolitan District
o Grand Park South Meadow Metropolitan District
o West Mountain Metropolitan District
o West Mountain Metropolitan Districts 2-5
o Byers View Metropolitan District
This will be a special meeting on April 26, 2023 at 6pm at Fraser Town Hall. A
presentation from the special council will be presented and the public will be able to ask
questions. Motion carried: 7-0.
8. Updates
a) Records Page Update
b) Victoria Village Update
c) The board requested staff to research a street connection between Rainbow Road
and Game Trail.
Page 3 of 3
9. Adjourn:
Trustee Soles moved, and Trustee Fisher seconded the motion to adjourn. The
Trustees requested a workshop to discuss development fees. Motion carried: 7-0.
Meeting adjourned at 9:32 p.m.
Antoinette McVeigh, Town Clerk
TOWN BOARD REGULAR MEETING
REGISTRATION SHEET
April 5, 2023
The Pu blic Fo ru m is an opportunity f or the public to present their c oncerns and rec ommendati ons regarding Town G overnment issues to
the To wn Bo ard. Tho se wishing to address the T own B oard will be allowed a five-minute presentation. A maximum of si x (6) people will
be allowed to addre ss the Town Board at each Public F orum. If a t opic that you wish to discuss has been scheduled f or a f ormal Town
Board Meeting, we wo uld ask that you reserve y our rem arks f or that specific date and time. T opics that are in litigati on with the T ow n will
not be heard du ring this fo rum. All prese nter s are urged t o: (1) state the c oncer n; and (2) list p ossible solutions. Please keep the
fo llowing guidelines in mind:
Remarks that discriminate against anyone or ad versely reflect up on the ra ce, col or, ancestry, religi ous creed, nati onal origin, p olitical
affiliatio n, disability, sex , or marital status of any pers on are out of order and may end the speaker's pri vilege to address the B oard.
Defamato ry or abusive remarks or pro fanity are out of order and will not be t olerated .
Anyone attendin g To wn Bo ard meetings must sign in to ensure accurate records and minutes. Sign y our name, address, and email on
the sign in sheet. Thank yo u fo r yo ur coo peration .
NAME
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TOWN OF FRASER
RESOLUTION NO. 2023-04-02
A RESOLUTION APPROVING FINAL ACCEPTANCE OF ALL IMPROVEMENTS
ASSOCIATED WITH SUBDIVISION IMPROVEMENT AGREEMENT (SIA) FOR THE ELK
CREEK AT GRAND PARK FILING NO. 3 AND RELEASE OF SURETY.
WHEREAS, THE Subdivision Improvement Agreement (SIA) for Elk Creek at Grand
Park Filing No.3 (Reception 2018000117) provided for a schedule for completion of
improvements;
WHEREAS, Town staff or designee 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 Town Board of Fraser, Colorado hereby authorizes final acceptance of said
improvements and the release of the remaining surety in the amount of $339,327.00.
3. Payment of all applicable fees within fifteen days of approval of the resolution or the
resolution will relapse.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 19th DAY OF APRIL 2023.
Votes in favor:
Votes opposed:
Abstained:
(S E A L)
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Mayor
ATTEST:
Town Clerk
TOWN OF FRASER
RESOLUTION NO. 2023-04-04
A RESOLUTION APPROVING FINAL ACCEPTANCE OF ALL IMPROVEMENTS
ASSOCIATED WITH SUBDIVISION IMPROVEMENT AGREEMENT (SIA) FOR THE ELK
CREEK AT GRAND PARK FILING NO. 4 AND RELEASE OF SURETY.
WHEREAS, THE Subdivision Improvement Agreement (SIA) for Elk Creek at Grand
Park Filing No.4 (Reception 2018002617) provided for a schedule for completion of
improvements;
WHEREAS, Town staff or designee 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 Town Board of Fraser, Colorado hereby authorizes final acceptance of said
improvements and the release of the remaining surety in the amount of $220,951.85.
3. Payment of all applicable fees within fifteen days of approval of the resolution or the
resolution will relapse.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 19th DAY OF APRIL 2023.
Votes in favor:
Votes opposed:
Abstained:
(S E A L)
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Mayor
ATTEST:
Town Clerk
TOWN OF FRASER
ORDINANCE NO. 496
Series 2023
AN ORDINANCE AMENDING CHAPTER 19 OF THE FRASER MUNICIPAL CODE
REGARDING THE DEVELOPMENT IMPROVEMENTS AGREEMENT
WHEREAS, the Board of Trustees has determined that it is in the public' s
interest to establish rules and regulations relating to development and acceptance of
infrastructure
WHEREAS, the acceptance process has been identified as a Town priority and
streamlining the process is needed
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO, THAT:
PART 1: AMENDMENT OF MUNICIPAL CODE.
Chapter 19, of the Fraser Municipal Code (herein sometimes referred to as the "Municipal
Code") are hereby amended as follows [Note: additions are shown in bold underlined print;
deletions are shown as ctrikcthrough print]:
Chapter 19
Sec 19-2-110 Site plan; major and minor
(f)
(4) Construction Performance guarantees. The conditions may require the
deposit of certified funds with the Town, the establishment of an escrow fund,
the deposit of an irrevocable letter of credit, the posting of a bond or other
surety or collateral (which may provide for partial releases), to ensure that all
construction features included in the application or required by the terms of the
site plan approval are provided as represented and approved. The Town may
also require a monetary guarantee ensuring that the site will be revegetated to
its original condition if the project is abandoned after construction has
commenced. Such construction guarantees shall be secured by a Construction
Euarantcc Agreement Development Improvements Agreement (DIA)—a form
for which is provided in Appendix 4
Sec. 19-3-410. Development Improvements
Agreement required.
The subdivision improvements agreement (SIA) Development Improvements Agreement
(DIA) is a written contract between the Town and the applicant providing for construction of
the required improvements, with collateral security to guarantee completion of such
improvements as provided in these regulations. No subdivision plat shall be signed by the
Town or recorded in the office of the Grand County Clerk and Recorder, and no building
1
permit shall be issued for any subdivision or development with required improvements, until a
SIA DIA between the Town and the applicant has been executed. Such agreement shall
include a description of required on -site and off -site improvements, an estimate of the cost of
such improvements, the form of guarantee for the improvements and any other provisions or
conditions deemed necessary by the Board of Trustees to ensure that all improvements will
be completed in a timely, quality and cost-effective manner. A model SIA DIA is provided in
Appendix 3. The agreement shall be recorded in the office of the County Clerk and Recorder
and shall run with the land and bind all successors, heirs and assignees of the applicant.
Other agreements or contracts setting forth the plan, method and parties responsible for the
construction of any required improvements may also be required.
Sec. 19-3-425. - Guarantee required.
(a) Suitable collateral to ensure the completion of required improvements, as stipulated
in the SIA DIA. shall accompany the final plat submission. The collateral shall be no
less than one hundred twenty-five percent (125%) of the estimated costs of all
subdivision improvements. The collateral shall be in the form of a letter of credit, cash
deposit or other such legal assurance as may be approved by the Board of Trustees.
After preliminary acceptance, and with approval of the Board of Trustees, the
performance guarantee may be reduced to an amount not less than twenty percent
(20%) of the initial performance guarantee to guarantee performance during the
warranty period. A corporate surety warranty bond in that amount may be substituted
as the performance guarantee for the warranty period, provided that the applicant also
provides a cash deposit in the amount of five thousand dollars ($5,000.00) or ten
percent (10%) of the amount of the warranty bond, whichever is greater, as additional
security to the Town.
(b) No collateral drawn upon a company, bank or financial institutional having any
relationship to the applicant or any principal, director, officer or shareholder of the
applicant (other than the relationship of depositor or checking account holder) shall be
acceptable. The Town may reject any security for any reason.
(c) If collateral is provided in the form of a letter of credit or deposit arrangement that
includes an expiration date, the applicant shall provide evidence of extension of such
expiration or replacement of equivalent collateral in a form acceptable to the Town.
Failure to provide proof of such extension or replacement collateral no later than thirty
(30) days prior to the date of expiration shall be cause for the Town Staff to draw on
the collateral funds without the necessity of any notice of default or other notice to the
applicant. Funds withdrawn in this manner may be expended as necessary to correct,
repair and/or construct the required improvements or may be released upon provision
of replacement collateral in a format acceptable to the Town.
(d) The estimated cost of subdivision improvements shall be certified by a licensed
Colorado Professional Engineer. Construction of all subdivision improvements shall be
guaranteed pursuant to a SIA DIA, in the form attached as Appendix 3.
Sec. 19-3-430. - Time for completion.
2
The time allowed for the completion of required improvements shall be as provided in the SIA_
DIA. or, if no time for completion is specified in the SIA DIA for some or all required
improvements, such improvements shall be completed within two (2) years from the recording
date of the final plat or issuance of the development permit, whichever is applicable. The
Board of Trustees may extend such time for completion upon request from the applicant, for
good cause shown.
Sec. 19-3-440. - Construction phasing.
Inspection and preliminary acceptance of a portion of the required improvements in one (1) or
more phases of construction shall occur only if specifically provided for in the SIA DIA. or as
determined appropriate by Town Staff, at its discretion. Otherwise, all required improvements
shall be completed before preliminary acceptance will be granted. Any proposed phasing must
be logically related to the project as a whole and allow for the efficient integration of the
phased required improvements into the Town's infrastructure. The Town Staff may require
adjustments in previously approved phasing schedules when deemed necessary to
accommodate changed conditions or unforeseen circumstances.
Sec. 19-3-445 (b) and (e). — Preliminary Acceptance
(b) Inspection and preliminary acceptance. Upon satisfaction of these requirements
and subject to satisfaction of any additional requirements provided in these regulations
or the SIA, the Town Staff or designated consultants shall inspect the completed
improvements within ten (10) business days of the applicant requesting said
inspection. If the Town's Staff or designated consultant finds that the specified
improvements have been completed substantially in accordance with the plans and
other requirements of the SIA DIA and these regulations, the Town Staff shall issue a
letter evidencing preliminary acceptance within ten (10) business days after the
inspection date. The Town shall not be required to make inspections during any period
when climatic conditions interfere with making a thorough inspection, as determined by
the Town representative making the inspection. If, upon inspection of the completed
improvements, the Town Staff or designated consultant finds that any of the
improvements have not been completed substantially in accordance with the plans and
other requirements of the SIA DIA and these regulations, the Town Staff or designated
consultant shall issue a written notice of deficiencies within ten (10) business days
after the inspection specifying which improvements have not been completed
substantially in accordance with the plans and other requirements of the SIA DIA and
these regulations. All deficiencies must be corrected within ten (10) business days of
the receipt of the notice of deficiencies. Such ten -business -day time limit may be
extended by the Town if the Town determines that such deficiencies cannot
reasonably be remedied within such ten -business -day period. The subdivider shall
then notify the Town in writing and request a follow-up inspection of the improvements,
and the foregoing provisions of this Paragraph (b) shall be applicable.
(e) Final acceptance shall take place within one (1) year two (2) years after
preliminary acceptance, which period may be extended by Town Staff for up to one (1)
additional year. While building permits may be issued for construction within the
subdivision prior to preliminary acceptance, no certificates of occupancy may be
issued unless and until all subdivision improvements have been preliminarily accepted.
3
Sec. 19-3-450. - Warranty.
(a) Warranty. The applicant shall warrant that all required improvements shall remain
free from construction defects for a period of one (1) two (2) years from the date that
the Town preliminarily accepts the improvements as provided in these regulations and
the SIA DIA. For landscaping improvements or other vegetation that will be dedicated
to the Town, the warranty period shall be two (2) years, and not in any event to be less
than two (2) full growing seasons. During such warranty period, any construction
defect determined to exist with respect to such required improvements shall be
repaired or the improvements replaced, at the Town's option, at the sole cost of the
applicant.
(b) Notice of default; cure period. Except as provided in Paragraph (c) below with
respect to emergency repairs, the Town shall provide written notice to the applicant if
an inspection reveals that any improvement is defective. The applicant shall have ten
(10) business days from the giving of such notice to remedy the defect. Such ten -
business -day time limit may be extended by the Town if the Town determines that
such defect cannot reasonably be remedied within such ten -business -day period. In
the event the applicant fails to remedy the defect within the ten -business -day period or
any extension thereof granted by the Town, the Town may utilize the collateral security
to correct the defect or exercise any other remedy provided in the SIA DIA. No notice
shall be required with respect to emergency repairs except as provided in Paragraph
(c) below.
(c) Emergency repairs. If at any time it appears that the improvements may be
significantly damaged or destroyed as a result of a bona fide emergency, an act of God
or due to construction failure, the Town shall have the right, but not the duty, to enter
upon the property and perform such repairs and take such other action as may be
reasonably required in the Town's judgment to protect and preserve the improvements.
The Town shall have no duty to inspect the property to identify emergency situations
which may arise. Prior to or concurrent with, or immediately following, taking any action
pursuant to emergency repairs, the Town shall make a reasonable effort to locate the
applicant and advise him or her of the existence and nature of the emergency. Upon
written demand, the applicant shall reimburse the Town for the costs of such
emergency repairs. Failure of the applicant to reimburse the Town for the costs of such
emergency repairs within fifteen (15) days after demand shall constitute a default
under the SIA DIA
Sec. 19-3-455 (3) and (5). - Final acceptance.
(3) The applicant has provided and the Town has reviewed and approved any and all
conveyance documents required pursuant to these regulations and the SIA DIA.
(5) All other applicable requirements contained in these regulations, the Town's
design and construction standards and the SIA DIA have been satisfied.
Sec. 19-3-460. - Acceptance for maintenance.
4
At the end of the warranty periods and upon final acceptance of the improvements as
provided in this Division, the Town will assume all future repair and maintenance
responsibilities with respect to the accepted public improvements, if any. The Town will not
assume any responsibility for maintenance and repair of required private improvements, and
such responsibility shall remain with the applicant unless it is transferred to a homeowners'
association or other responsible person or entity in accordance with the approved subdivision
documentation.
(1) Release of collateral; security/performance guarantee; request for partial release.
The applicant may make periodic requests for the partial release of the collateral in
accordance with the provisions of this Subsection. All such requests shall be in writing
to the Board of Trustees, shall be for a reduction of at least twenty percent (20%) of
the total original performance guarantee, and shall correspond with a portion of the
required improvements that have been substantially constructed or installed in
accordance with these regulations and the SIA. No more than one (1) request for a
partial release of the performance guarantee may be submitted each month. No
reduction of the performance guarantee shall be allowed which would reduce the
amount of collateral to less than one hundred twenty-five percent (125%) of the
estimated cost of any remaining or incomplete improvements; and the final twenty
percent (20%) of the initial performance guarantee (which may be in the form of a
warranty bond and cash deposit, as provided in Section 19-3-245 above) may not be
released until all of the required improvements have been preliminarily accepted, the
one-year warranty period has run, the applicant has complied with all requirements
specified in these regulations and the SIA DIA and the improvements are finally
accepted by the Town. There shall be no reduction in the amount of the performance
guarantee if the applicant is in default under the SIA DIA.
(2) Town use of performance guarantee. Except as otherwise provided in the SIA DIA,
the Town may draw upon and utilize the collateral security to pay for the construction,
completion or correction of the required improvements or to restore and revegetate the
site in the event the applicant fails to timely perform the obligations provided in this
Section or is otherwise in default under the terms of the SIA DIA. Application of the
collateral may include covering such costs, including reasonable engineering and
attorney's fees, as are necessary for the Town to administer the construction and
correct, repair or complete the required improvements and to enforce the SIA and any
bond or other undertaking given as the performance guarantee.
(3) Conveyance of improvement other than by dedication on plat. As to any of the
improvements which have not previously been dedicated on the final plat of the
subdivision, such improvements, if designated and intended as public improvements,
shall be conveyed to the Town or other appropriate public entity, or if designed or
intended as private improvements, shall be conveyed to a homeowners' association or
other responsible entity approved by the Town. Such conveyance shall be made prior
to final acceptance of the improvements. Upon the determination of the Town's Staff
that such improvements have been satisfactorily completed and that acceptance of
such improvements by the Town is proper and in accordance with the provisions
herein, conveyance shall be made by general warranty deed (if real estate) or bill of
sale with full warranty of title (if personal property), free and clear of all liens,
encumbrances and restrictions (except for permitted exceptions as provided in the SIA
DIA), and the specific instrument of conveyance shall be acceptable as to form and
5
substance by the Town Staff. Conveyances of fee title, easements or other real
property interests shall be accompanied by a policy of title insurance as required by
the Town's regulations, if applicable.
Sec. 19-3-465(b). - Waiver of requirements.
(b) Whenever it is deemed necessary by the Board of Trustees to defer the
construction of any subdivision improvements required because of incompatible
grades, future planning, inadequate or nonexistent connecting facilities, or for other
reasons, the applicant shall pay its share of the costs of the future improvements to the
Town prior to the Planning Commission and Board of Trustees signing the final plat, or
the applicant may execute a SIA DIA secured by collateral guaranteeing completion of
the deferred subdivision improvements upon demand of the Town.
Sec. 19-3-510. - Words and terms.
Subdivision improvement agreement (SA) Development improvements agreement (DIA)
means a written contract entered into by the Town and the applicant providing for and
describing conditions of approval for subdivision improvements to be constructed as part of a
subdivision development. It shall, at a minimum, set forth construction specifications for
required subdivision improvements, provide dates for completion of the improvements and
identify the terms and conditions for the acceptance of the improvements to the Town. It shall
also provide for such financial assurances as necessary to ensure the proper and timely
installation of improvements.
AAp radix 3 Subdiyinion Improycmcnt Agrccmcnt
SUBDIVISION IMPROVEMENTS AGREEMENT
BETWEEN
THE TOWN OF FRACER
AND
{NAME OF SUBDIVIDER)
PERTAINING_ TO.
{NAME OF SUBDIVISION)
TOWN OF FRASER
GRAND-COUNTYs
GOLORADO
S BDIVISION IMPROVEMENTS AGREEMENT
iTOWN OF FR SER n Colorado munici�rcorpor -("Town") and
("Subdivider"). This SIA shall be effective following execution by the subdivider
and immediately upon approval by the Fraser Board of Trustees as evidenced by the signature
of the Town's Mayor or Mayor Pro Tem on the date indicated below.
6
rnatcrial part of this SIA:
Subdividcr rcprcscnts that it is thc solc owncr of thc real property dcscribcd in
thc attachcd Exhibit A ("Property"), and has obtaincd approval from thc Town to
subdivide said property for a new subdivision to bc known as
Subdivision, ("Subdivision").
Pursuant to thc Town's subdivision rcgulations, thc final plat of thc Subdivision
cannot bc recorded until Subdividcr has cntcrcd into an agreement with thc
The final plat and thc accompanying documcnts and plans, including
construction drawings and specifications, as approvcd by thc Town (thc "Final
Plat Documents" ,
G The Town seeks to protcct thc health, safcty and gcncral welfare of thc
community by rcquiring thc completion of various on sits and off sitc
improvcmcnts for thc Subdivision and thcrcby limiting thc harmful cffccts of
substandard subdivisions.
repairing subdivision improvcmcnts itself.
As consideration for thc approval by thc Town of thc final plat for thc Subdivision,
Subdividcr agrccs to construct ccrtain hcrcinaftcr dcscribcd improvcmcnts for
thc Subdivision in accordancc with, and subjcct to, thc terms, conditions and
requirements of this SIA. The parties hereby acknowledge the sufficiency and
adcquacy of said consideration.
Construction of Required Improvements. Subdivider agrees to construct, at its sole cost,
those required improvements (including required utility services) for the Subdivision as
described on the attached Exhibit B and as identified on the Final Plat Documents
("Improvements"). All Improvements shall be constructed in accordance with the Town
Chapter 14 of the Fraser Municipal Code).
Timetable for Construction of Rcquircd Improvcmcnts.
3A- Construction Schcdulc. Subdividcr shall construct thc Improvcmcnts in strict
accordancc with thc schcdulc dcscribcd on thc attachcd Exhibit C. Any failure
by Subdividcr to commcncc or complctc thc construction of thc Improvcmcnts in
strict compliance with thc schcdulc established in Exhibit C shall constitutc a
thc provisions of Scction 15 of this SIA. Subdividcr shall not cc sc construction
activitics for any period of morc than thirty (30) consccutivc days, without thc
Town's prior writtcn approval, cubjcct to thc provisions of Scction 3.3 rcgarding
forcc majcurc and seasonal constraints.
3.2 Subdividcr's Obli.ati.n N.t C•ntin.cnt. Subdividcr's obligation to complctc thc
Improvcmcnts shall arisc upon thc recording of thc final plat of thc Subdivision,
7
not bc conditioncd on thc commcnccmcnt of construction or sale of any lots or
Improvcmcnts within thc Subdivision.
3.3 Forcc Majcurc and Scasonal Constraints. If Subdividcr is rcndcrcd unable to
perform, in wholc or part, bccaucc of acts of Cod, strikcs, acts of public cncmics,
storms, floods, or othcr such events b '
obligations undcr this SIA shall bc sue
inability so caused, but for no longer. No ccssation of activity for scassonal
construction constraints shall cause a violation of this Scction 3.
4 Construction Standards and Inspcctions.
44 Standards and Progrcsc Inspcctions. Thc Improvcmcnts shall bc constructcd in
a good and workmanlikc manncr, strictly in accordancc with thc Final Plat
Documcnts, and, to thc extent not othcn.,isc, n vid„dI ; eh Final Plat
Documcnts, in accordancc with all applicablc laws, ordinanccs, codcs,
thc Town. Thcrc shall bc no changcs madc in thc approvcd Final Plat
Documcnts, including construction drawings and specifications, without thc prior
writtcn approval of thc Town. Pcriodic inspcctions may be madc by thc Town's
staff or designated consultants during thc progress of thc work to confirm that the
Improvcmcnts arc bcing constructcd in compliancc with such rcquircmcnts.
Subdividcr shall bc required to pay for thcsc periodic inspcctions if said
inspcctions arc conductcd by consultants othcr than Town cmployccs. Such
whcthcr schcdulcd or unannounccd, as dccmcd appropriate by thc Town's staff
or consultants. Subdividcr hcrcby grants permission for such persons to cntcr
upon thc Property for purposcs of making such inspcctions. Nothing hcrcin shall
rclicvc Subdividcr of thc responsibility for insuring that thc Improvcmcnts arc
constructcd in accordancc with thc standards sct forth hcrcin, nor shall it rclicvc
4,2 Construction Phasing_ Inspcction and prcliminary acccptancc of a portion of the
Improvcmcnts in one or morc phascs of construction shall occur only if
acccptancc will bc granted. Any proposed phasing must bc logically rclatcd to
thc project as a wholc and allow for thc efficient intcgration of thc phased
Improvcmcnts into thc Town's infrastructurc. Thc Town staff may rcquirc
adjustmcnts in prcviously approvcd phasing schcdulcs whcn dccmcd ncccscary
to accommodatc changcd conditions or unforcsccn circumstanccs.
Preliminary Acceptance of Improvcmcnts.
5.2 Noticc and Documcntation. Upon complction of all Improvcmcnts or an
and rcqucst an inspection of thc complctcd Improvcmcnts. Prior to thc
inspection, thc Subdividcr shall providc to thc Town thc following documcntation:
(a) Adequate accurancc by a rcgistcrcd cnginccr, licensed in this Statc, that thc
Improvcmcnts havc bccn constructcd and complctcd in accordance with thc
approvcd plane and spccifinntiens•
e
8
with applicablc Town construction standards;
(c) All test reports and logs rcquircd by thc plans and construction drawings and
applicablc rcgulations and construction standards; and
(d) An original affidavit or affidavits idcntifying all contractors, subcontractors and
matcrialmcn who supplicd labor or materials for thc Improvcmcnts and vcrifying
that all have been paid, together with a lien waiver from each such contractor,
subcontractor and material supplier acknowledging payment and waiver of any
lien rights for all work completed prior to the date inspection and preliminary
acccptancc is requested, subjcct to any retainage withheld from the contractor or
supplier during the warranty period and pending final acceptance.
5.3 Inspection and Preliminary Acceptance. Upon satisfaction of these
consultant(s) shall inspcct thc complctcd Improvcmcnts within tcn (10) busincss
days aftcr rcccipt of thc rcqucst for inspcction. If thc Town's staff or dcsignatcd
consultant(s) finds that thc cpccificd improvcmcnts have bccn complctcd
Prcliminary Acceptance within tcn (10) busincss days after the inspcction datc.
Thc Town shall not bc rcquircd to makc inspections during any period whcn
climatic conditions intcrfcrc with making a thorough inspcction, as dctcrmincd by
thc Town representative making thc inspcction.
consultant(s) finds that any of the improvements have not been completed
issue a written Notice of Deficiencies within ten (10) business days after the
inspection specifying which Improvements have not been completed substantially
in accordance inn+h +he Plans and other reg firemen+s of thiis� SI /�� and Oho
Subdivision Qeguln�tiens AlI rleficiein�ccies muct-be ccorrc[ eed within tomen (-1r0)
business days of the receipt of the notice of deficiencies. Such ten business day
time limit may be extended by the Town if the Town determines that such
dcficicncics cannot r asonably bc remedied within such tcn busincss day period.
Thc Subdivider shall thcn notify Frascr in writing and rcqucst a follow up
inspcction of thc Improvcmcnts, and thc foregoing provisions of this Scction 5.3
shall bc applicablc.
4 Effcct of Prcliminary Acccptancc. Prcliminary acccptancc of all or any portion of
thc Improvcmcnts docs not constitutc a waivcr by thc Town of thc right to draw
on thc Performance Guarantcc to rcmcdy any dcfcct in or failurc of thc
improvcmcnts that is dctcctcd or which occurs aftcr acccptancc of thc
Improvements, nor shall such acceptance operate to release Subdivider from its
warranty as herein provided.
Upon preliminary acceptance, the Town will ac�ume responsibility for the
applicablc, and for snow removal on accepted public streets. At the Town's
discretion, it may elect not to plow any accepted public streets until there is
development on individual lots that warrant access.
9
No ccrtificatc of occupancy may bc i&cucd for a structurc on any lot, parccl or
tract scrvcd by thc Improvcmcnts until such Improvcmcnts havc bccn complctcd
and nrcliminarily accepted -as -provided this -Section 5.
Warranty.
64 Warranty. Subdividcr shall warrant that all Improvcmcnts shall rcmain frcc from
construction dcfccts for a period of one (1) y ar from thc datc that thc Town
preliminarily accepts the Improvements as provided in Section 5 of this SIA. For
landscaping improvements or other vegetation that will be dedicated to the town,
the warranty period shall be two (2) years 0 d an not in any event to he loos than
two (2) full growing seasons. During such one (1) year period, any construction
defect determined to exist with respect to such Improvements shall be repaired
Subdivider shall maintain, in a reasonable, suitable and proper condition for
timc as thc strccts arc acccptcd for maintcnancc by thc Town, and until any
such privatc strccts arc acccptcd for maintcnancc by thc homcowncra
asociation or othcr responsible cntity approvcd by thc Town.
6.2
Noticc of Dcfault: Curc Pcriod. Exccpt as providcd in Subscction 6.3 with
if inspcction rcvcals that any Improvcmcnt is dcfcctivc. Subdividcr shall havc
tcn (10) busincss days from thc giving of such noticc to rcmcdy thc dcfcct. Such
tcn busincsc day timc limit may bc cxtcndcd by thc Town if thc Town dctcrminca
that such defect cannot reasonably be remedied within such ten business day
period. In the event Subdividcr fails to rcmcdy thc dcfcct within thc tcn
busine-c day period, or any extension thereof granted by the Town, the Town
may the utilize the collateral security to correct the defect or exercise any other
remedy provided in this SIA without further notice. No notice shall be required
with respect to emergency repairs except as provided in Subsection 6.3.
6.3 E g y R pairs. If at any timc it appears that thc Improvcmcnts may bc
of god, or duc to construction failurc, thc Town shall havc thc right, but not thc
duty, to cntcr upon thc Property and perform such rcpairs and takc ouch othcr
action as may bc r asonably rcquircd in thc Town's judgmcnt to protcct and
prcscrvc thc Improvcmcnts. The Town shall havc no duty to inspcct thc
Property to idcntify cmcrgcncy situations which may arisc. Prior to or concurrcnt
with, or immcdiatcly following taking any action pursuant to cmcrgcncy rcpairs,
cxistcncc and naturc of thc cmcrgcncy. Upon writtcn dcmand, Subdividcr shall
rcimbursc thc Town for thc costs of such cmcrgcncy rcpairs. Failurc of
Subdividcr to pay to thc Town thc costs of such cmcrgcncy rcpairs within fiftccn
(15) days aftcr dcmand shall constitutc a dcfault as providcd in Subscction 13.H
of this SIA.
674 Final Inspcction. Approximatcly sixty (60) days prior to thc cxpiration of thc
warranty period, Frascr shall notify Subdividcr in writing and schcdulc a final
inspcction/walk through.
10
7, Final Acceptance.
7-4 Town Approval. Final acccptancc of thc Improvcmcnts by thc Town rcquircs
formal action by thc Frascr Board of Trustccs, aftcr all Improvcmcnts havc bccn
complctcd, inspcctcd and ccrtificd for final acccptancc by Town staff. Final
rciclacc of thc Pcrformancc Guarantcc rcquircs additional formal action by thc
Frascr Board of Trustccs. Thc Town shall not be rcquircd to finally acccpt any of
thc Improvcmcnts until thc Board of Trustccs dctcrmincs that:
All Improvcmcnts havc bccn satisfactorily complctcd in accordancc with thc
approvcd plans and spccifications and have been preliminarily accepted by
the Town;
B All warranty periods provided in Section 6 have ended and any defects found
upon inspection of the Improvements have been satisfactorily remedied by
Subdivider;
G The S �bdiyider has c� �bmittei-d final "ac_b �ilt00 engineering dra dings for Oho
Feguired Improve entc accor. an-ee with applicable Town nctrEaction
standards;
Thc Subdividcr has providcd and thc Town has rcvicwcd and approvcd any
and all convcyancc documcnts rcquircd pursuant to thc provisions of Section
Thc Subdividcr has providcd a final cost summary of Improvcmcnts;
R Thc Subdividcr has providcd any additional tcst rcports and logs from
warranty work;
C The Subdivider has provided an original affidavit or affidavits identifying all
ontractorcsub ontractorc and materialmen who s pnpIlied labor or materials
for the Improvements and verifying that all have been fully paid, together with
an original unconditional licn waiver from each such contractor, subcontractor
and material c pplior acknowledging f ull payment anrd waiver of any and all
Guarantee shall net be released u ntil the Tewn r aid affidavit
ancd-'urnrconditional Tic l wrrcrs; and
i� /III li hlo tc tain this SII� the Town'
rnrvtb�=appnc-a�Feq' "urrc rno mcnrrrsc�manTe��rr vcrrr
Subdivision Regulati„nc and alla plicablo dcc nd'e nstruction standards
havc bccn satisficd.
7,2 Acccptancc for Maintcnancc. At thc cnd of thc warranty period(s), and upon
final acccptancc of thc Improvcmcnts as providcd in Subccction 7.1, thc Town
will accumc all futurc rcpair and maintcnancc rccponsibilitics with rccpcct to thc
acccptcd public improvcmcnts, if any. The Town will not assume any
such responsibility shall remain with the Subdivider unle-s it is transferred to a
homeowners association or other responsible entity in accordance with the
approvcd Subdivision documentation.
Compliance with Law.
11
Compliance with Law. Subdivider shall comply with all relevant laws, ordinances,
and rcgulations in cffcct at thc timc of final plat approval whcn fulfilling its
obligations undcr this SIA. Subdividcr shall also bc subjcct to laws, ordinanccs
and rcgulations that bccomc cffcctivc aftcr final plat approval to thc cxtcnt
permittcd by applicablc Colorado law.
9, Trancfcr of Titic to Improvcmcnts.
94 Dcdication on Plat. Subdividcr shall dcdicatc such of thc Improvcmcnts as arc
lic Improvcmcnts, by appropriatc Iangua nth„
face of the final plat of the Subdivision. Such dedication shall be made free and
clear of all liens, encumbrances and restrictions, except for the permitted
cxccptiono shown on thc attachcd Exhibit E which arc thc same or fewer than
those identified in the title insurance commitment or other title evidence provided.
1-0: Pcrformancc Guarantcc.
10.1 Amount and Form of Guarantcc. The cstimatcd cost of constructing thc
with thc Town's approval, is $ (Scc thc attachcd Exhibit B).
Pursuant to thc Town's subdivision rcgulations, Subdividcr is rcquircd to furnish
collatcral to cnsurc complction of thc Improvcmcnts, in an amount not Icz s than
onc hundred and twcnty fivc perccnt (125%) of thc cstimatcd costs of all
Improvcmcnts. Accordingly, Subdividcr has postcd thc following with thc Town s
approval as a guarantcc of thc performancc of its obligations hcrcundcr,
including its obligation with rcspcct to thc onc yoar warranty period providcd for
in Scction 6.1 ("Pcrformancc Guarantcc").
()
()
()
An irrcvocablc Lcttcr of Crcdit issucd by a qualificd Colorado Icnding
institution acccptablc to thc Town in thc amount of $ , a copy
of which is providcd on thc attachcd Exhibit F.
A cash dcposit in thc amount of $
Othcr such Icgal ansurancc as may bc dccmcd appropriatc by thc Town
and approvcd by thc Board of Tructccs.
10.2 Usc of Pcrformancc Guarantcc. Subject to thc tcrms of this SIA, thc Town may
draw upon and utilizc thc Pcrformancc Guarantcc to pay for thc construction,
complction or corrcction of the rcquircd improvcmcnts or to rcstorc and
rcvcgctatc thc sitc in thc cvcnt Subdividcr fails to timcly perform thc obligations
providcd in this SIA and thc Town's subdivision rcgulations or is othcrwisc in
dcfault undcr thc tcrms of this SIA. Application of thc Pcrformancc Guarantcc
may includc covcring such costs, including roasonablc cnginccring and
attorncy's fccs, as arc ncccssary for thc Town to administcr thc construction and
corrcct, rcpair or complctc thc rcquircd improvcmcnts and to cnforcc this SIA
and any bond or othcr undcrtaking givcn as thc performancc guarantcc.
10.3 Rcncwal. Such Pcrformancc Guarantcc shall rcmain in cffcct and shall bc
rcncwcd by Subdividcr as ncccssary until rcloascd by thc Town in accordancc
with thc provisions of Scctionl l of this SIA. If such Pcrformancc Guarantcc is
cxpiration datc, Subdividcr shall providc cvidcncc of cxtcnsion of such cxpiration
12
or rcplaccmcnt of cquivalcnt collatcral in a form acccptablc to thc Town. Failurc
to providc proof of such cxtcnsion or rcplaccmcnt collatcral no latcr than thirty
(30) days prior to thc datc of cxpiration shall bc causc for thc Town Managcr or
his or her dccigncc to draw on thc Pcrformancc Guarantcc without thc nccccity
of any noticc of dcfault or othcr noticc to Subdividcr. Funds withdrawn in this
nianncr may bc cxpcndcd as ncccscary to corrcct, rcpair and/or construct thc
Improvcmcnts or may bc rcloascd upon provision of rcplaccmcnt collatcral in a
format acccptablc to thc Town.
Rcicacc of Pcrformancc Guarantcc.
1-14 Rcquccts for Partial Rcloasc of Pcrformancc Guarantcc. Subdividcr may makc
periodic rcqucsts for thc partial rcicaasc of thc Pcrformancc Guarantcc in
accordancc with thc provisions of this Subscction 11.1. All such rcqucsts shall
bc in writing to thc Town Board, shall bc for a rcduction of at Ioast twcnty perccnt
0
portion of thc Improvcmcnts that havc bccn substantially constructcd or installcd
in accordancc with this SIA. No morc than onc rcqucst for a partial rcic\asc of
thc Pcrformancc Guarantcc may bc submittcd cach month. No rcduction of thc
Pcrformancc Guarantcc shall bc allowcd which would rcducc thc amount of
collatcral to Icss than onc hundred twcnty fivc perccnt (125%) of thc cstimatcd
(20%)of the initial Pcrformancc Guarantcc may not bc rcl ascd until all of the
Improvcmcnts havc bccn prcliminarily acccptcd, thc onc ycar warranty period
has run, thc Subdividcr has complicd with all rcquircmcnts spccificd in Scction 7
hcrcof and thc Improvcmcnts arc finally acccptcd by thc Town. Thcrc shall bc no
rcduction in thc amount of thc Pcrformancc Guarantcc if Subdividcr is in dcfault
undcr this SIA.
11.2 Warranty Bond. Aftcr prcliminary acccptancc, and with approval of thc Board of
Trustccs, thc performancc guarantcc may bc rcduccd to an amount not Icss
than twcnty perccnt (20%) of thc initial performancc guarantcc to guarantcc
performancc during thc warranty period. A corporatc surety warranty bond in
that amount may bc substitutcd as thc performancc guarantcc for thc warranty
fivc thousand dollars ($5,000.00) or tcn perccnt (10%) of thc amount of thc
Paymcnt In Licu of Dcdications. Subdividcr agrccs to makc any and all paymcnts in licu
of dcdications prior to thc Town's cxccution of its approval on thc final plat. Thc amount
of such paymcnt shall bc as calculatcd on the attachcd Exhibit C.
Default. Thc following conditions, occurrcnccs or actions shall constitutc a dcfault by
Subdividcr undcr this SIA:
Subdividcr's failurc to commcncc construction of thc Improvcmcnts within thc
time specified in Exhibit C;
Subdividcr's failurc to complctc construction of thc Improvcmcnts within thc timc
cpccificd in Exhibit C;
G Subdividcr's failurc to construct thc Improvcmcnts in accordancc with thc
approvcd plans and spccifications for thc Improvcmcnts and this SIA;
13
Subdividcr's failurc to curc dcfcctivc construction of any Improvcmcnt within the
applicablc curc period as providcd in Subscction 6.2;
than thirty (30) consecutive days without thc prior writtcn approval of thc Town,
subjcct to thc provisions of Subscction 3.3 rcgarding forcc majcurc and sc\aconal
constraints;
Subdividcr's incolvcncy, thc appointmcnt of a rcccivcr for Subdividcr or thc filing
of a voluntary or involuntary petition in bankruptcy respecting Subdivider;
Forcclosurc of any licn against thc Property or a portion of thc Property or
assignment or convcyancc of all or part of thc Property in licu of forcclosurc prior
to final acccptancc of thc Improvcmcnts by thc Town as providcd in Scction 7;
• Subdividcr's failurc to pay to Town upon dcmand thc cost of cmcrgcncy rcpairs
• 8ubdividcr's violation of any provision of this SIA, thc Town's subdivision, zoning
or land ucc rcgulations, or any othcr ordinanccs of thc Town;
Thc Town may not dcclarc a dcfault until fiftccn (15) days' advancc writtcn noticc has
bccn givcn to Subdividcr and Subdividcr has failcd to curs thc dcfault within that period;
providcd, howcvcr, that such noticc shall not bc rcquircd with rcspcct to any dcfcctivc
construction for which a tcn (10) days' noticc of right to curc has bccn givcn in
accordancc with Subscction 6.2 hcrcof.
44 Recovery of Damages and Costs. The Town shall be entitled to recover all damages
and costs incurrcd as a conscquence of any breach of this SIA by Subdivider and
enforcement hereof whether or not cepit s brought including without limitation, all
reasonable costs of obtaining the appropriate Performance Guarantee f ands and
pursuant to Section 10 and shown on Exhibit B shall be prima facie evidence of the cost
of completion; however, neither that amount nor the amount of the Performance
Cuarantcc cctablishcs thc maximum amount of Subdividcr's liability. Thc Town shall be
cntiticd to, but not obligatcd to, complctc all unfinishcd Improvcmcnts aftcr thc timc of
dcfault rcgardlcsc of thc cxtcnt to which dcvclopmcnt has takcn placc in thc Subdivision
or whcthcr dcvclopmcnt cvcr commcnccd.
45, Town's Rights upon Dcfault. In thc cvcnt of dcfault thc Town shall havc thc following
rights:
Thc Town Managcr may stop work on thc Improvcmcnts until a schcdulc and
agrccmcnt on compliancc for construction has bccn rcachcd.
Thc Town may, but shall not bc rcquircd to, havc thc Improvcmcnts constructed
by su h m nc and in st Leh mann Town shall rl mine ithout the
uy�uCri-rrrearr.�-cxrrcr-irracrcn-rrrarrrre��t vrn-aTcnrcrEtG�ir��w=Fmvcrrcrn,
necessity of public bidding.
G If the Town elects to have the Improvements constructed, it shall have the right to
14
asc Subdividcr's Pcrformancc Guarantcc to pay for thc construction of such
of obtaining thc Pcrformancc Guarantcc funds and constructing thc
Improvcmcnts as sct forth in Scction 14 hcrcof, thc Town shall dclivcr any
cxccs-; funds to Subdividcr. If thc Pcrformancc Cuarantcc is insufficicnt to fully
pay such costs, Subdividcr shall, upon dcmand, pay such dcficicncy to thc Town,
togcthcr with intcrcst thcrcon as providcd in Scction 16.
Thc Town may cxcrcisc such rights it may havc undcr Colorado law, including,
without limitation, thc right to bring suit against Subdividcr for injunctivc rclicf, for
Subdividcr of this SIA.
Subdividcr hcrcby grants to the Town,Ets ec-e-scers cig„? entc,
eentraeters-and-e+xployccc, a -non cxclucivc righ -and-eaeement to entcrt#e-
Property for the purposes of constructing, maintaining and repairing any
Improvo dent nt-to-+rho provicionc of +hie+ Scctio
In addition to any remedies provided for herein, or by law or equity, while
permits for thc Subdivision and Subdividcr shall havc no right to sell, transfer or
otherwise convcy lots or units within thc Subdivision without thc cxprese writtcn
approval of thc Town. If thc Town ciccts not to procccd with completion of thc
Subdivision plat for which Improvcmcnts havc not bccn complctcd. In addition,
thc Town may procccd with restoring and rcvcgctating thc sitc, which may
includc rcmoval of any uncomplctcd Improvcmcnts, using thc Pcrformancc
Guarantcc to pay for thc costs thcrcof.
Thc rcmcdics providcd for in this Scction and ciccwhcrc in this SIA arc
cumulativc in naturc.
4 lntcrest. Any sum which is rcquircd to bc paid by Subdividcr to thc Town undcr this SIA
and which is not timely paid shall accruc intcrcst at cightccn perccnt (18%) per annum
commcncing as of thc date such sum was duc.
4 Public Utilities. Subdivider shall pay all installation charges for lighting, electricity,
natural gas, tcicphonc and cablc tcicvision rcquircd for thc Subdivision. All utility lines
shall bc placed undcrground in accordance with applicable Town rcquircmcnts.
4 Relocation of Utility Lincs and Eascmcnts, and Ovcrsizing. Subdividcr shall boar all
costs associated with rclocating any water, scwcr, tcicphonc, cicctrical, gas or cablc
tcicvision lines and providing for respective casements for construction of samc within
and outside of thc Subdivision. If ovcrsizing is rcquircd, thc cost of such ovcrsizing shall
bc paid as sct forth in thc agreement attached as Exhibit H.
4-97 Debris. Subdividcr shall takc all steps necc'cary to limit and prcvcnt thc accumulation
of, and to rcmovc accun ated, m ud, ccdimcn+ dir+ trash and othcr dcbris that is
carried onto public property or off sitc onto private property during construction of said
improvcmcnts. Such obligation shall continuc until all Improvcmcnts within thc
subdivision arc complctcd. If Subdividcr fails to rcmcdy any conditions caused or
gcncratcd by thc development of thc Subdivision as contcmplatcd by this Scction within
24 hours of oral or writtcn noticc by thc Town, Subdividcr agrccs to pay to thc Town
15
upon dcmand any costs r asonably incurrcd by thc Town in rcmcdying such conditions.
Nothing hcrcin shall obligatc thc Town to rcmcdy any such conditions, or limit thc Town
in its scicction of thc mcthod or manncr of rcmcdy.
20. Paymcnt of Fccs and Chargcs. Subdividcr agrccs to comply with all thc ordinanccs,
rulcs and rcgulations of thc Town and shall pay all fccs and othcr chargcs in a timcly
manncr as rcquircd by thc Town, including but not limitcd to building permit fccs,
inspcction fccs, and tap fccs imposcd by Town ordinancc, resolution or motion, or by
thc tcrms and conditions of this SIA.
Landscaping Improvcmcnts. Subdividcr shall install at its own cxpcnsc and at no cost to
that dics within two (2) growing scasons shall bc rcplaccd by Subdividcr at its solc cost,
and shall bc rcquircd to livc for at (cast one (1) yozar from thc timc it is rcplantcd.
idcr' - ations undo this Scct+e #all-be-gu teed -as pa �f the
Improvcmcnts.
22. Erosion Control. Subdivider shall comply with all applicable erosion control measures
required by Local, State and Federal Laws.
23. Contracting Liccnsing. Bcforc procccding with any of thc work contcmplatcd hcrcin,
Subdividcr shall cnsurc that all contractors and/or subcontractors cmploycd by
taxcs or fccs to thc Town bcforc commcncing work on any of thc Improvcmcnts.
24. No Third Party Bcncficiarica. It is cxprcssly undcrstood and agrccd that cnforccmcnt of
thc tcrms and conditions of this SIA, and all rights of action rclating to such cnforccmcnt,
shall bc strictly rcscrvcd to thc Town and Subdividcr, and nothing containcd in this SIA
It is thc cxprc-s intcntion of thc Town and Subdividcr that any person othcr than thc
Town or Subdividcr rccciving scrviccs or bcncfits undcr this SIA shall bc dccmcd to bc
an incidcntal bcncficiary only.
25. Indcmnification. Subdividcr agrccs to indcmnify and hold thc Town, its officcrs,
dcmands, on account of injury, lose or damagc, including, without limitation, claims
manncr conncctcd with thc construction of thc Improvcmcnts or othcr work performcd
upon thc Subdivision, if such injury, loss, or damagc is causcd in wholc or in part by, or
is claimcd to bc causcd in wholc or in part by thc act, omb ion, crror, profc: ional crror,
{nistakc, ncgligcncc, intcntional act, or othcr fault of Subdividcr, any subcontractor of
subcontractor of Subdividcr, or which arisc out of any workcr's compcnsation claim of
any cmploycc of Subdividcr, or of any cmploycc of any subcontractor of Subdividcr.
Subdividcr agrccs to invcstigatc, handlc, respond to, and to providc dcfcnsc for and
dcfcnd against any such liability, claims, or dcmands at thc solc cxpcnsc of Subdividcr.
court costs and attorncys' fccs, whcthcr or not any such liability, claims or dcmands
allcgcd arc dctcrmincd to bc groundlcss, falsc, or fraudulcnt.
26. No Waiver. No waiver of any provision of this SIA shall be deemed to constitute a
waiver of any other provision, nor shall it be deemed to constitute a continuing waiver
16
waivcr of any subscqucnt dcfault or dcfaults of thc same typc. The Town's failurc to
Subdividcr or thc acceptance of any Improvcmcnts.
Vcstcd Prosy Rights. This SIA shall not altcr, cnlargc, cxtcnd or modify any vcstcd
right obtaincd by Subdividcr in conncction with thc Subdivision. Subdividcr hcrcby
waivcs its rights to any claims against thc Town undcr Colorado vcstcd property rights
statutory or common laws if thc Town suspcnds work or withdraws its approval bccaucc
of false or inaccuratc information providcd by Subdividcr.
28. Rccordation. This SIA and thc final plat shall bc recorded by thc Town in thc Office of
_`rand County CI i and R rdcr and Suhrdivid all pazi tha Town tha costs
tf�l. �e�lcurra--rz�EA,v 2�-5•�rn,-payz
thcrcof upon dcmand. It is Subdividcr's obligation to prcparc and submit to the Town
Rccordcr.
29. Immunity. Nothing contained in this SIA shall constitute a waiver of the Town's
sovcrcign immunity undcr any applicable statc or fcdcral law.
30. Personal Jurisdiction and Vcnuc. Pomona) jurisdiction and vcnuc for any civil action
in thc District Court of Grand County, Colorado. Subdividcr expressly waivcs its right to
bring such action in or to rcmovc such action to any othcr court, whcthcr statc or fcdcral.
Codc Chan cs. References in this SI/\ to any provision of thc Town's Municipal Codc or
to any Town or othcr governmental standard arc intcndcd to rcfcr to any subscqucnt
amendments and/or revisions to such Codc or standard. Such amcndmcnts or revision
shall bc binding upon Subdividcr.
32. Nonasvignability. This SIA may not bc ascigncd by Subdividcr without thc prior writtcn
consent of thc Town.
33. Notices. Any notice required or permitted hereunder shall be in writing and shall be
sufficient if personally delivered, mailed by certified mail, return receipt requested, or
If to thc Town: Town of Frascr
Attn: Town Manager
P. O. Box 370
Fraser, CO 80442
(970) 726 5491
Fax No. (970) 726 5518
e mail:
If to Subdividcr
Noticcs mailcd in accordancc with the above provisions shall bc deemed to havc bccn
givcn on thc third busincsc day aftcr mailing. Noticcs personally dclivcrcd shall bc
17
dccmcd to havc bccn givcn upon dclivcry. Noticcs sent by cicctronic mail or facsimilc
shall bc dccmcd to havc bccn givcn at thc time thc transmission is rcccivcd. Nothing
herein shall prohibit thc giving of noticc in thc manner providcd for in thc Colorado Rulcs
of Civil Proccdurc for scrvicc of civil procc&c.
44 E t. c /fig cc cnt. This SIA constitutes thc entire agrccmcnt and undcrstanding
between thc parties rclating to thc subjcct mattcr of this SIA and superscdcs any prior
agrccmcnt or undcrstanding rclating to such subjcct mattcr.
35. Scvcrability. It is understood and agrccd by thc partics hcrcto that if any part, tcrm, or
with any law, state or fcdcral, thc validity of thc remaining portions or provisions hcrcof
cnforccd as if thc SIA did not contain thc particular part, tcrm, or provision hcld to bc
invalid.
36. Modification. This SIA may bc modified or amcndcd only by a duly authorizcd writtcn
instrumcnt cxccutcd by thc partics hcrcto.
37. Countcrparts. This SIA may be cxccutcd simultaneously in two or morc copics, each of
constitutc but one and thc same instrumcnt.
38. Binding Effcct. This SIA shall run with thc Property, and shall bc binding upon, and shall
inurc to thc benefit of, thc partics and thcir respective hcirs, successors, assigns, and
Icgal rcprcscntativcs.
39. Govcrnin Law. This SIA shall bc interpreted in accordancc with thc laws of thc Statc of
Colorado.
Incorporation of Exhibits. The following attachcd Exhibits arc incorporatcd herein by rcfcrcncc:
Exhibit A Property description
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Rcquircd improvcmcnts description and cost cstimatca
Rcquircd improvcmcnts complction schedule
Phasing of Improvcmcnts (if applicable)
Pcrmittcd titic cxccptions
Lcttcr of crcdit form
Paymcnt in lieu of dcdication
Agreement for payment of ovcrsizcd utility fcca
Appendix 3 — Development Improvements Agreement
DEVELOPMENT IMPROVEMENTS AGREEMENT
18
THIS DEVELOPMENT IMPROVEMENTS AGREEMENT ("Agreement") is made and
entered into this day of , 20 , by and between the
TOWN OF FRASER , a municipal corporation of the State of Colorado, having an
address of 153 Fraser Avenue, P.O. Box 120, Fraser, Colorado 80442 (the
"Town"), and , a
address of
"Parties").
having an
("Developer") (collectively the
WHEREAS, Developer is the owner of certain real property located in the Town,
more particularly described in Exhibit A attached hereto and incorporated herein
by reference (the "Property");
WHEREAS, the Town has approved Developer's development plan for the Property,
which is attached hereto as Exhibit B, and incorporated herein by reference; and
WHEREAS, the Town's approval of the Developer's proposed development on the
Property is contingent upon the express condition that all duties created by this
Agreement are faithfully performed by Developer.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is mutually acknowledged,
the Parties hereto agree as follows:
1. Purpose. The purpose of this Agreement is to set forth the
terms, conditions and fees to be paid by Developer in connection with the
improvements for development of the Property. All conditions in this
Agreement are in addition to any requirements of the Fraser Town Code,
state statutes and other Town ordinances, and are not intended to
supersede any requirements contained therein.
2. Public Improvements. Developer agrees to complete or pay
for, as described herein, the public improvements set forth in Exhibit C,
attached hereto and incorporated herein by this reference ("Public
Improvements") subject to this Agreement and in accordance with the
approved development plan.
3. Construction.
a. All Public Improvements shall be installed and
completed at the expense of Developer and dedicated or conveyed
to the Town upon the Town's acceptance thereof or dedicated or
conveyed and accepted by an agency, association, or district as
required by law or as acceptable to the Town. The estimated cost
of the Public Improvements ("Estimated Cost") is set forth in Exhibit
C.
b. The Town may make reasonable engineering
observations at Developer's expense. Observation, acquiescence
19
in or approval by any inspector shall not constitute the approval by
the Town of any portion of such Public Improvements.
c. Developer shall provide all necessary engineering
designs, surveys, field surveys and incidental services related to
the construction of the Public Improvements at its sole cost and
expense, including reproducible "as -built" drawings certified
accurate by a professional engineer registered in the State of
Colorado.
4. Completion and Preliminary Acceptance. Except as
otherwise provided above, the obligations of Developer in Section 3
hereof shall be performed within
A certificate of occupancy shall not be issued until such obligations have
been satisfied unless expressly agreed to otherwise. Proper application to
the Town for preliminary acceptance of Public Improvements shall be
made by Developer in advance. Upon completion of construction of the
Public Improvements, the Town or a Town -accepted agency, association,
or district shall inspect the Public Improvements and certify with
specificity their conformity or lack thereof to the Town's specifications.
Developer shall make all corrections necessary to bring the Public
Improvements into conformity with the Town's specifications. Upon
determination by the Town that the Public Improvements conform with all
of the Town's specifications, the Town shall preliminarily accept the Public
Improvements and the two-year warranty period set forth in Section 5,
below, shall commence.
5. Warranty. Upon preliminary acceptance of the Public
Improvements by the Town, Developer shall warrant any and all Public
Improvements for a period of two (2) years from the date the Town grants
preliminary acceptance of the Public Improvements. Developer shall be
responsible for scheduling the necessary inspections for preliminary
acceptance. Specifically, but not by way of limitation, Developer shall
warrant that all Public Improvements are free of defects in materials or
workmanship for a period of two (2) years, as stated above. Developer
shall be responsible, at Developer's cost, to maintain all Public
Improvements until such improvements are finally accepted and conveyed
by the Town. The Town or a Town -accepted agency, association, or
district will accept for maintenance all Public Improvements after the
warranty period has expired, provided all warranty work has been
completed. The Town shall accept for snow removal purposes only all
dedicated public streets after preliminary acceptance has been granted
in writing by the Town.
6. Final Acceptance of Public Improvements. Upon
completion of the two (2) year warranty period set forth in Section 5,
above, the Town shall inspect the Public Improvements and certify with
specificity their conformity or lack thereof to the Town's specifications.
Developer shall make all corrections necessary to bring the Public
Improvements into conformity with the Town's specifications. Upon
years.
20
determination by the Town that the Public Improvements conform with all
of the Town's specifications, the Town shall accept the Public
Improvements. Developer shall convey the Public Improvements to the
Town by bill of sale or warranty deed as determined acceptable by the
Town in its sole judgment. Upon conveyance of the Public
Improvements Developer shall warrant that the title conveyed is
marketable and its transfer rightful.
7. Ownership. All Public Improvements shall be conveyed to
the Town upon final acceptance.
8. Performance Guarantee.
a. To secure the construction and installation of the
Public Improvements, Developer shall furnish the Town, at
Developer's expense and prior to commencement of construction,
cash or an irrevocable letter (or letters) of credit in which the
Town is designated as beneficiary in an amount equal to one
hundred and twenty percent (120%) of the total Estimated Costs of
development (the "Performance Guarantee").
b. The Performance Guarantee shall be in a form
approved by the Town in its sole discretion.
c. The purpose of the Estimated Costs is solely to
determine the amount of security. No representations are made as
to the accuracy of these estimates, and Developer agrees to pay all
costs of the Public Improvements for which it is legally obligated,
regardless of the Estimated Costs.
d. The Estimated Costs may increase in the future.
Accordingly, the Town reserves the right to review and adjust the
Estimated Costs at the time a building permit is issued and
annually if the Public Improvements have not been completed.
Adjustments shall be made according to changes in the
Construction Costs Index as published by the Engineering News
Record. If the Town adjusts the Estimated Costs, the Town shall
give written notice to Developer. Developer shall, within thirty (30)
days after receipt of said written notice, provide the Town with a
new or amended Performance Guarantee in the amount of the
adjusted Estimated Costs. If Developer fails to provide a new or
amended Performance Guarantee, the Town may exercise the
remedies provided for in Section 12 hereof; provided, however, that
prior to increasing the amount of the Performance Guarantee, the
Town shall give credit to Developer for all Public Improvements
which have actually been completed and accepted, so that the
amount of the Performance Guarantee relates to the cost of
required Public Improvements not yet constructed.
e. If the Public Improvements are not constructed or
completed within the period of time specified by Section 4 hereof,
21
the Town may draw on the Performance Guarantee to complete the
Public Improvements. If the Performance Guarantee is to expire
within fourteen (14) calendar days and Developer has not yet
provided a satisfactory replacement, the Town may draw on the
Performance Guarantee and either hold such funds as security for
performance of this Agreement or spend such funds to finish the
Public Improvements or correct problems with the Public
Improvements as the Town deems appropriate.
f. Upon preliminary acceptance, the Performance
Guarantee shall be reduced to the amount of twenty percent (20%) of
the total actual cost of construction and installation of such phase
of Public Improvements. The reduced Performance Guarantee
shall be held by the Town until expiration of the two (2) year
warranty period.
9. Land Dedication; Fee in Lieu. To the extent it does not
conflict with this Agreement, land dedications and fees -in -lieu shall be
provided as stated in Fraser Town Code. In the case of a conflict between
the Fraser Town Code and this Agreement, the terms of this Agreement
shall apply.
10. Nuisance Conditions. Developer shall prevent the existence
of any nuisances by way of its construction activities, as nuisances are
defined by Colorado Law. If the Town determines that a nuisance exists,
Developer shall be subject to the provisions of the Fraser Town Code
regarding the abatement of nuisances and the cost assessed therefor. If
the nuisance is not abated or an abatement plan is not submitted to the
satisfaction of the Town, the Town may, upon thirty (30) days' notice
under this Agreement, draw upon the Performance Guarantee to pay the
cost of abating the nuisance, including any expenses and penalties
incurred under the Fraser Town Code. The Town may exercise this right
in addition to, or in lieu of, the withholding of permits or certificates of
occupancy. The decision to draw on the Performance Guarantee shall be
within the sole discretion of the Town.
11. Indemnification.
a. Developer hereby agrees to indemnify and hold
harmless the Town, its officers, employees, agents or servants
from any and all suits, actions and claims of every nature and
description caused by, arising from or on account of any act or
omission of Developer, or of any other person or entity for whose
act or omission Developer is liable, with respect to construction of
the Public Improvements; and Developer shall pay any and all
judgments rendered against the Town as the result of any suit,
action or claim within the scope of the indemnification provision
contained in this Section 11, together with all reasonable
expenses and attorney fees incurred by the Town in defending
any such suit, action or claim.
22
b. Developer shall pay all property taxes on the Property
dedicated to the Town accrued as of the date of dedication and
when the same become due and payable to the County Treasurer,
and shall indemnify and hold harmless the Town for any property
tax liability.
12. Breach.
a. If Developer breaches this Agreement, the Town
may take such action as permitted or authorized by law, this
Agreement or the ordinances of the Town, as the Town deems
necessary to protect the public health, safety and welfare. The
remedies include, but are not limited to:
i. The refusal to issue any building permit or certificate
of occupancy;
ii. The revocation of any building permit
previously issued under which construction directly related
to such building permit has not commenced, except a
building permit previously issued to a third party;
iii. A demand that the security given for the
completion of the public improvements be paid or honored;
and
iv. Any other remedy available at law or in equity.
b. Unless necessary to protect the immediate health,
safety and welfare of the Town, or to protect the interest of the
Town with regard to security given for the completion of the public
improvements, the Town shall provide Developer thirty (30) days'
written notice of its intent to take any action under this Section 12,
during which Developer may cure the breach to prevent further
action by the Town.
c. The rights and remedies of the Town under this
Agreement are in addition to any other rights and remedies
provided by law. The expiration of this Agreement shall in no way
limit the Town's legal or equitable remedies, or the period in which
such remedies may be asserted, for Public Improvement work
negligently or defectively performed.
d. Should this Agreement become the subject of
litigation to resolve a claim of breach by Developer and a court of
competent jurisdiction determines that Developer was in breach of
this Agreement, Developer shall pay the attorney fees, expenses
and court costs of the Town.
13. Waiver. In executing this Agreement, Developer waives all
objections it may have concerning defects, if any, in the formalities
whereby it is executed, or concerning the power of the Town to impose
conditions on Developer as set forth herein, and concerning the
procedure, substance and form of the resolution adopting this Agreement.
Developer expressly agrees that the Town cannot be legally bound by the
representations of any of its officers or agents or their designees, except
in accordance with the Fraser Town Code and the laws of the State of
Colorado.
14. Modification. This Agreement shall not be modified, except
by subsequent written agreement of the parties hereto.
15. Integration; Annexation Agreement. This Agreement and
any attached exhibits constitute the entire agreement between Developer
and the Town.
16. Binding Effect. This Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective heirs,
successors and assigns.
17. Severability. If any provision of this Agreement is
determined to be void by any court of competent jurisdiction, such
determination shall not affect any other provision hereof, and all of the
other provisions shall remain in full force and effect. It is the intention of
the parties hereto that if any provision of this Agreement is capable of two
constructions, one of which would render the provision void, and the
other which would render the provision valid, then the provision shall
have the meaning which renders it valid.
18. Governing Law and Venue. This Agreement shall be
governed by the laws of the State of Colorado, and any legal action
concerning the provisions hereof shall be brought in Grand County,
Colorado.
19. Assignment. There shall be no transfer or assignment of
any of the rights or obligations of Developer under this Agreement
without the prior written approval of the Town, which may be withheld in
the Town's sole discretion; except that this Agreement and Developer's
rights hereunder may be assigned by Developer in whole, but not in part,
to a company wholly owned by Developer. In the event of an assignment
as permitted herein, the assignee shall assume full responsibility for
fulfilling the remaining obligations of Developer under this Agreement,
and shall execute an acknowledgement of this responsibility in the Town's
favor. Failure of the assignee to execute such an acknowledgement shall
result in Developer being jointly and severally liable with the assignee for
the remaining obligations under this Agreement.
20. Recordation. This Agreement shall be recorded in the real
estate records of Grand County and shall be a covenant running with the
24
Property.
21. Title and Authority. Developer expressly warrants and
represents to the Town that, together with the undersigned individuals,
that the undersigned individuals have full power and authority to enter
into this Agreement. Developer and the undersigned individuals
understand that the Town is relying on such representations and
warranties in entering into this Agreement.
22. Third Parties. There are no intended third -party beneficiaries to
this Agreement.
WHEREFORE, the parties hereto have executed this Agreement on the day and
year first above written.
TOWN OF FRASER
Mayor
ATTEST:
Town Clerk
DEVELOPER
Print Name
Title
STATE OF
)
)
SS.
COUNTY OF )
This instrument was acknowledged before me on this
as
day of
of
Notary Public; Commission No.
My Commission Expires:
(SEAL)
, 20 , by
25
EXHIBIT A LEGAL DESCRIPTION
26
EXHIBIT B DEVELOPMENT PLAN
27
EXHIBIT C PUBLIC IMPROVEMENTS
IMPROVEMENT
QTY
UNIT
UNIT
TOTAL COST
COMPLETION
COST
DATE
Roads
Subgrade Construction (clearing, cut/fill, grading)
Surfacing (sub -base, base) " thick
Paving (pavement, shoulder gravel) " thick
Curb/Gutter
Sidewalks
Street Name Signs
Street Lights/Signs/Traffic Control Devices
Snow Storage
Parking
Subgrade Construction " thick
Surfacing " thick
Paving " thick
Curb/Gutter
Sidewalks
Lighting
Striping
Snow Storage
Pathways
Grading/Drainage
Surfacing " thick
Signs
Drainage
Culverts
Storm Drains
Detention Facilities
Erosion Control
Landscape
Re -vegetation
Landscape Material (itemize on sheet below)
Utilities
Water Mains
Hydrants
Taps
Manholes
Sewer Mains
Electric
Gas
Other Utilities
Misc.
Fire Mitigation
Fuels Modification
Defensible Space
Wetlands Mitigation
Clean -Up
Site Clean -Up
SUBTOTAL OF COSTS
TOTAL (Subtotal x 1.20)
28
Landscape Improvements
IMPROVEMENT
SIZE
TY
UNIT
UNIT
TOTAL COST
COMPLETION
Height & Calmer
COST
DATE
SUBTOTAL (Carry over to previous page.)
Appendix 3A. — Development Improvements Agreement Inspection Request Form
iigi
mn
Ia }
"
TOWN OF FRASER
1153 IRASER a'VENUE MASSER, cc , 22
la Phone 0701126-5401 WWIhsite: hinps:://
wnaww.fraseFaolloradocurnit
DEVELOPMENT IMPROVEMENTS AGREEMENT
INSPECTION REQUEST FORM
(as of March 2E23)
PROJIECT IINFOR'MATION'......
REQUESTED INSPECTION DATE
Property Owner:
Plroject, Name
Physical .Address:
Legal'..... Description:
Contact Person:
Phone:
INiSPECTII IN1 REUESTED (Circle those thataapp )
ROADS
PARKING
DRAINAGE
:Sua�adeCr I l®m,,.'ic adrg.�ornWAild„grading)
Sudgrede C[msWctrrm..
Culverts
Strtardle
Surrading,
crwi Drains
Parting gpaWennent„ shoulder girl"allda
Pawing
Deletion Fant!"nes
[aura r. Gutter
curb,. GxAMr
ERVADIT Co1E
Sitleaxaau
S'4enatas
UT11uTIES
:Ste ei: Narme Signs
(Lighting
Water Imams
Street L t:SgPs.1 Trans Cement.
Salpl N
Taps
".Dueirreaage
11llc Stcmage
MantaWes
PATHWAYS,
MISC. R SITE ctE 1 -UP'
:Sewer Malris
Gr rg 1 Dralinage
Fl re Mrnga41En
IElecatd
Surrasingl
nets Peadlllnafon
Gas.
Signs
Derensltrie Deane
O of 11IIIIalee
Wetlands MlElbptInn
Hydrants
LANDSCAPE
Site an-ap
IR.etalnng Wyal
TTTIAwL at MOM: I
AFFIDAVIT
do by I1 erehy certify that the improvements.. required far the D w+elopaaneed: Improvennerds
Agreement: (Resolution No. have been installed to the standardsand specifications of the local. state an
federal standards.
Signature
updated neranfarl
30
Appcndix 4 Construction Cuarantcc Agrccmcnt
CONSTRGGTION ARANTEE-AGREEMENT
THIS AGREEMENT is madc and cntcrcd into as of this day of , 20 , by and
between , whose address is , hcrcinaftcr rcfcrrcd to as "Dcvcloper",
Frascr nvcnuc a n Box 370 Frascr Colorado 80442 hcrcinaftcr referred to as "Frascr" or
, , , ,
"Town", together rcfcrrcd to as "thc Partics".
WHEREAS, Dcvcloper is thc owncr of ccrtain real property located within Frascr, legally dcscribcd
as , on which Dcvcloper intcnds to construct ccrtain improvcmcnts (hcrcinaftcr, thc
"Project"); and
to Ch- for 1 of the Frascr Municipal Codc; and
1" 3 of approval
appropriatc construction guarantccs to cnsurc that necessary construction features and public
improvements arc constructcd in accordancc w
WHEREAS, Frascr and Dcvcloper have cntcrcd into this Agrccmcnt to satisfy such rcquircmcnt
with rcspcct to thc land approval for thc Projcct.
NOW, THEREFORE, the Partics agree as follows:
{1) Dcvclopmcnt Plans . Thc "Dcvclopmcnt Plans" shall mean thc site plan, landscape plan,
grading, drainage, and crosion control plan, utility plan and any othcr rclatcd plans and
cpccifications and construction documcnts for thc Dcvclopmcnt Projcct, as submittcd to and
approvcd by Frascr as part of thc land use approval for thc Projcct.
{2) Sccurcd Improvcmcnts . Thc "Sccurcd Improvcmcnts" shall mcon thc utility installations,
with thc estimated costs thcrcof, on Exhibit A attached hcrcto. Such costs must bc certified by a
licensed Colorado Profcssional Enginccr prior to approval of this Agrccmcnt by Frascr.
{3) Construction, Inspections, Acceptance, and othcr Mattcrs. Thc Dcvcloper shall causc all public
sign and construction standards
{Refer to Chbapter 1-4 of thc
or unit in thc Projcct may bc sold or leased and bcforc any approval for occupancy is issucd for
any building or structure within the Projcct. Further, all such improvements shall bc substantially
complctcd not later than two (2) years after thc date of this Agrccmcnt, unlcss an cxtcnsion of timc
31
t forth above.
(b) Thc provisions of thc Frascr subdivision rcgulations, as containcd in r .10` Articic 3 of
thc Frascr Municipal Codc, and particularly Division 4 of that Articic, as such rcgulations may bc
amended from time to timc b t to thc inspection and acccptancc
of thc Sccurcd Improvcmcnts, thc dcposit, use and release of collateral sccuring complction of thc
Secured Improvements that arc not specifically addressed in this Agreement. Thc Frascr building
rcgulations, as containcd in C iutcr 18 of thc Frascr Municipal Codc, as such rcgulations may bc
amended from time to time by Frascr, shall govern with respect to thc inspection and acccptancc
of thosc improvcmcnts dcpictcd on thc Dcvclopmcnt Plans othcr than thc Sccurcd Improvcmcnts.
CI) Financial Sccurity for Performance and Pavmcnt . Prior to thc issuance of the development
Frascr, in an amount equal to onc hundred twcnty fivc perccnt (125%) of thc total estimated costs
Town to dcfray thc cost of administcring thc dcposit. Dcvcloper shall maintain such sccurity in full
forcc and cffcct during the entire
Dcvclopmcnt Plans and thc duration of thc warranty period providcd in Paragraph 5 hcrcof.
{5) Warrantics of Dcvcloper . Dcvcloper warrants that thc Sccurcd Improvcmcnts will bc installed
in a good and workmanlikc manncr and in substantial compliancc with thc Dcvclopmcnt Plans and
requirements of this Agreement and shall be substantially frcc of defects in materials and
workmanship. Thcsc warrantics of Dcvcloper, and thc sccurity providcd for thc Sccurcd
Improvements shall remain in force and cffcct as to any completed Sccurcd Improvements until
thc lapse of onc (1) year aftcr prcliminary acccptancc of thc Sccurcd Improvcmcnts, and until final
thc Sccurcd Improvcmcnts includc rcquircd landscaping, thc Dcvcloper shall maintain such
landscaping during thc onc year warranty period, and thc provisions of this Scction 5 and thc
subdivision rcgulations shall apply with rcspcct to maintaining sccurity for such landscaping
improvcmcnts during thc warranty period.
{6) Dcfault and Rcmcdics . Timc is of thc csscncc hcrcof with rcspcct to thc performance of
Developer's obligations providcd in this Agreement. If Dcvcloper defaults in thc performance of
any such obligations in thc timc and manncr providcd herein, and if such default is not curcd within
thirty (30) days aftcr writtcn noticc of the default is givcn by Frascr to Dcvcloper, then Frascr shall
havc thc following rcmcdics:
{a) If thc default rclatcs to construction of Sccurcd Improvcmcnts, thc Frascr Town Managcr may
stop work on any improvcmcnts until a schedule and agreement on compliancc for construction
has been reached; Frascr may, but shall not be required to, havc thc Sccurcd Improvements
determine, with or without public bidding; and Fraser shall havc the right to use the financial
sccurity providcd pursuant to this Agreement to pay for thc construction, complction or corrcction
of such Secured Improvcmcnts.
32
(b) If thc dcfault consists of Developer's failure to complctc all public and privatc improvcmcnts
within thc time providcd in this Agrccmcnt and any cxtcnsions granted by Frascr, thcn Frascr may
revoke the land use approval for thc Projcct; and Frascr may procccd with restoring and
financial sccurity providcd pursuant to this Agrccmcnt to pay for thc costs thcrcof.
(c) All costs and cxpcnscs incurrcd by Frascr as a result of such dcfault and thc exercise of thc
and shall bc paid from thc financial sccurity providcd pursuant to this Agrccmcnt. If thc amount of
such sccurity is Icss than thc costs and cxpcnscs incurrcd, thc parties agrcc Frascr shall havc thc
right, without obligation from the Dcvcloper, upon Developer's failure to timely reimburse Frascr for
such additional costs and cxpcnscs to certify thc same to thc County Troasurcr as a lien on thc
cxcccds thc costs and cxpcnscs incurrcd, Frascr shall release any cxccss upon final accounting
for such costs. If thc sccurity is insufficient to fully pay such costs, thc Developer shall, upon
dcmand, pay such dcficicncy to Frascr.
othcr rcmcdics it may havc undcr Colorado law, including, without limitation, thc right to bring suit
against thc Dcvcloper for injunctivc rclicf, for spccific performancc of this Agrccmcnt, or to rccovcr
damagcs for thc broach of this Agrcomcnt.
{7) Additional Provisions.
{a) Applicablc Law. This Agrccmcnt, and thc tcrms, conditions and covcnants hcrcin containcd,
(b) Scvcrabilit rte. If any part, tcrm, or provision of this Agrccmcnt is hcld by any court of compctcnt
jurisdiction to bc illegal or in conflict with any law of thc State of Colorado, the validity of thc
remaining portions or provisions shall not bc affected, and thc rights and obligations of thc Partics
shall bc construed and enforced as if the Agrccmcnt did not contain thc particular part, tcrm or
provision hcld to bc invalid.
(c) Complctc Agrccmcnt. This instrument embodies thc wholc agreement of thc Partics. Thcrc arc
no promiscs, tcrms, conditions, or obligations othcr than those containcd hcrcin cxccpt that
Dcvcloper shall bc bound by, and comply with, all conditions and obligations, providcd in
applicablc Frascr ordinanccs and rcgulations, as amcndcd from timc to timc by Frascr. This
Agrccmcnt shall superscdc all prcvious communications, rcprcscntations, or agreements, cithcr
(d) No Waivcr . No waivcr of any of thc provisions of this Agrccmcnt shall bc valid or binding
anle:,c in writing, signed by thc party whose rights arc waived, nor shall such waiver constitute a
continuing waivcr unlcss othcrwisc cxprcssly providcd, nor shall thc waivcr of any dcfault
hereunder bc deemed a waivcr of any subsequent dcfault hereunder.
(c) Conscnt to Jurisdiction and Vcnuc . Jurisdiction and vcnuc for any civil action commcnccd by
cithcr party to this Agrccmcnt with rcspcct to this Agrccmcnt or any sccurity providcd pursuant to
this Agrccmcnt shall bc proper only if such action is commcnccd in thc District Court for Grand
action to any othcr court, whcthcr statc or fcdcral.
(f) No Third Party Bcncficiarics . Exccpt as hcrcin providcd, no person or cntity, othcr than a party
Icndcrs, lot or homc buycrs and matcrialmcn, laborcrs or othcrs providing work, scrviccs, or
matcrials for thc improvcmcnts.
(g) Rccording. This Agrccmcnt shall bc rccordcd in thc Grand County Clcrk and Rccordcr's Office
and shall bc dccmcd to run with thc land (bcing thc dcscribcd Projcct), and thc provisions hcrcof
chall bc binding upon and inure to thc bcncfit of thc partics hcrcto and thcir rcspcctivc succcssors
and assigns.
IN WITNESS WHEREOF, thc partics hcrcto havc cxccutcd this Agrccmcnt, cffcctivc as of thc day
and y or first abovc writtcn.
FRASER
TOWN OF FRASER, a municipal
corporation of the State of Colorado
BY:
Mayor
ATTEST:
Town Clcrk
(SEAL)
EXPAND
34
STATE OF COLORADO
COUNTY OF GRAND
Thc forcgoing instrumcnt was acknowlcdgcd bcforc me this day of , 20 , by
, as Mayor, and , as Town Clcrk, of thc Town of Frascr, Colorado, a
municipal corporation of thc Statc of Colorado.
Witncss my hand and official seal.
My
EXPAND
Notary Public
(SEAL)
EXPAND
STATE OF
COUNTY OF
Thc forcgoing instrumcnt was acknowlcdgcd bcforc me this day of , 20 , by
as , of , Dcvcloper.
Witncss my hand and official seal.
My commission cxpircs:
EXPAND
35
Notary Public
Ex#i b -ter
Sccurcd Improvements
Improvement Estimated Cost
1.
2.
3.
4.
PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser
covering the same matters as embraced in this Ordinance are hereby repealed and all
ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby
repealed; provided, however, that such repeal shall not affect or prevent the prosecution or
punishment of any person for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this Ordinance.
PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser
hereby declares that it would have adopted this Ordinance, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases thereof be declared invalid or unconstitutional.
PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage,
adoption and publication thereof as provided by law.
PART 5: PUBLICATION. This Ordinance shall be published by title only.
36
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS 19th DAY OF APRIL, 2023.
Votes in favor:
Votes opposed:
Votes abstained:
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Mayor
(SEAL) ATTEST:
Town Clerk
Published in the Middle Park Times on
37
mmmmu
ME 11111111111111
11111 11111 11111 11
11111 111 .uuuuuiil
sc
proof youlr aad lheduulled to run in IlMlliddlllle Park Times on the date- iindiicae t and Ibello�N�, Ilf This �t Ie Iroo�t of
changes are needed, Ipllease contact us prior to deadline at (970) 887-3334.
Notiice (III:):68QWNcll....11:7jflbvxQxdlbx9lk6 I :: hoof Updated:: Apr.: la, 2023 a:
Notice Name, 8ClD09 Chapter 19 Amendments IPulblliislher Illl::k:
This is not an invoice. Below is an estimated price, and it is
subject to change. You will receive an invoice with the final
price upon invoice creation by the publisher.
.Dt.allie II:::srelrll
JUJU lie.esuerll lbaasa:.Iliiumecamrlp.c )1
(9'7Ct) 726-5491.
Coll a lrm uri s V i d e:: 1.
04/13/2023. rad
Affidavit Fee
: 'lIIL...IIINS If'Oif ..
t �iiddlle PaIrlk. Times
Ad Ccllass'.. Il...t galls
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uibtotall
-11-ax
Tot -III
4.00
$...6,74
$0,00
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un1 MDT
NOTICE OF PUBLIC HEARING
FRASER,COLORADO
NOTICE IS HEREBY GIVEN that a pubtdc hearing
will be helcl by the Board of Trustees crf the Town of
Fraser, Colorado, on Wednesday„ May 3„ 2023, at
6:00 PM In the Board Room o1 the Fraser Town Hat,
located at 153 Fraser Avenue, Frasier, Colorado to
consider the following agenda hem::
Proposed amendments to the Town of Fraser
Municipal Code Chapter 19, Article 1, Division
2— Review Procedures, and Chapter 19, Appenddx
1 Land Use Application and Submittal Checklists,
pursuant to the Town of Fraser Oand development
code ordnance..
All Parties May Attend
PUBLISHED IN THE MIDDLE PARK TIMES ON
THURSDAY, APRIL 13, 2023.
BCIDg9 Chapter 19 Amendments .... Page 1 of 1
TOWN OF FRASER
ORDINANCE NO. 497
Series 2023
AN ORDINANCE AMENDING CHAPTER 19 OF THE FRASER MUNICIPAL CODE
REGARDING CHANGES TO THE REVIEW PROCESS
WHEREAS, the acceptance process has been identified as a Town priority to
update the review process and subsequently clarify the process for Town staff,
developers and residents.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, THAT:
PART 1: AMENDMENT OF MUNICIPAL CODE.
Chapter 19, of the Fraser Municipal Code (herein sometimes referred to as the "Municipal
Code") are hereby amended as follows [Note: additions are shown in bold underlined print;
deletions are shown as ctrikcthrough print]:
Chapter 19
Sec. 19-1-210 Review process
(e) Not morc than forty fivc (45) days aftcr a complctc application has bccn submittcd, t The first
reviewing body, as indicated on Table 1.1, shall consider the application after referral comments
have been addressed.
Table 1.1 — Review Procedures Chart — Site Plan (Major)
Approval
Requested
Pre-
Application
CR
Required
Referral
Approval
Notes/Code
Section
AD
PC
BOT
BOA
Site Plan (Major)
X
X
X
H
X
-P-U
Sec. .._1:��::.2-11.:0
Sec. 19-1-230 — Determination of Completeness.
Complete applications must be submitted, at the point of initiation of the land use review process.
Town Staff shall dctcrminc whcthcr the application submittcd is complctc. Town staff shall
determine whether the application submitted is complete within 5 business days. If the
application is not complete, the applicant shall be advised of the deficiencies. No application may
be scheduled for further review until the Town Staff has determined it to be complete. The Town
Staff determination of completeness is a final decision of the Town, subject to review only in the
district court.
Sec 19-1-235(a) — Application Referral.
(a) Upon a determination that the application is complete, the Town Staff shall refer the application
within 5 business days to the following departments and agencies for their comments, unless
the Town Planner finds that the application is not related to the issues addressed by a particular
entity listed:
Chapter 19, Appendix 1
2
An application for a major or minor site plan shall be accompanied by the following information, unless
one or more items are specifically waived in writing by the Town Staff:
An application for a minor site plan shall be accompanied by the following information:
1 The land use application form.
_ The applicable fee as established by the Board of Trustees in Appendix A Fee Schedule.
_ Proof of ownership.
_ Site plan, preferred scale of 1" = 20', indicating the general site design of the proposal, including all existing
and proposed improvements and building footprints. The site plan shall provide adequate details to evaluate the
traffic circulation, parking, snow storage, building footprints, fences, loading points, refuse container locations,
public rights -of -way and all existing and proposed easements, as applicable.
_ Building elevations, preferred scale of 1/4" = 1', of the proposed structures, showing: existing ground surfaces,
top of foundation, floor elevations, roof line and any rooftop mechanical units proposed.
Building floor plan, preferred scale of/" = 1'.
Any supplemental materials that the applicant feels will accurately depict the proposed project.
Drainage plan (preferred scale of 1" = 20', optional scale of 1" = 50') shall include the following:
existing and proposed improvements, existing and proposed contours, existing and proposed
easements, snow storage areas, utility lines, spot elevations and flow direction arrows, as needed to
clearly portray the proposed drainage layout and detail, and any drainage facilities needed to mitigate
the anticipated impacts. If swales are proposed, include a cross-section detail of the proposed swale
with dimensions. Silt fences, sediment traps, catch basins and/or detention ponds may be required at
the discretion of the Town. The drainage plan shall also indicate temporary and permanent methods to
be used to stabilize and prevent the erosion of soils.
Grading plan with existing and proposed topography.
In addition to the above information, an application for a major site plan shall be accompanied by the following
information:
1 Utility plan, preferred scale of/" = 1', including off -site connections.
Landscaping plan, preferred scale of 1" = 20', including: property lines, existing and proposed structures,
existing natural features, location, species, quantity and size of landscape materials to be planted and method of
irrigation.
_ An exterior materials package including roof material and color, wall material and color, etc.
_ The names and addresses of any property owners within two (200) hundred feet of any portion of the property.
Any other special reports and/or information deemed necessary by the Town.
1 Copies of the submittal materials in a format and quantity as specified by Town Staff.
PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser
covering the same matters as embraced in this Ordinance are hereby repealed and all
ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby
repealed; provided, however, that such repeal shall not affect or prevent the prosecution or
punishment of any person for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this Ordinance.
PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser
3
hereby declares that it would have adopted this Ordinance, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases thereof be declared invalid or unconstitutional.
PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage,
adoption and publication thereof as provided by law.
PART 5: PUBLICATION. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS 19th DAY OF APRIL, 2023.
Votes in favor: _
Votes opposed:
Votes abstained:
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
(SEAL) ATTEST:
Published in the Middle Park Times on
Philip Vandernail, Mayor
Antoinette McVeigh, Town Clerk
4
mmmmu
ME 11111111111111
11111 11111 11111 11
11111 111 .uuuuuiil
sc
proof youlr aad lheduulled to run in IlMlliddlllle Park Times on the date- iindiicae t and Ibello�N�, Ilf This �t Ie Iroo�t of
changes are needed, Ipllease contact us prior to deadline at (970) 887-3334.
Notiice (III:):68QWNcll....11:7jflbvxQxdlbx9lk6 I :: hoof Updated:: Apr.: la, 2023 a:
Notice Name, 8ClD09 Chapter 19 Amendments IPulblliislher Illl::k:
This is not an invoice. Below is an estimated price, and it is
subject to change. You will receive an invoice with the final
price upon invoice creation by the publisher.
.Dt.allie II:::srelrll
JUJU lie.esuerll lbaasa:.Iliiumecamrlp.c )1
(9'7Ct) 726-5491.
Coll a lrm uri s V i d e:: 1.
04/13/2023. rad
Affidavit Fee
: 'lIIL...IIINS If'Oif ..
t �iiddlle PaIrlk. Times
Ad Ccllass'.. Il...t galls
r Notice 12.74
uibtotall
-11-ax
Tot -III
4.00
$...6,74
$0,00
$1..6 ,"74
0
t°.
un1 MDT
NOTICE OF PUBLIC HEARING
FRASER,COLORADO
NOTICE IS HEREBY GIVEN that a pubtdc hearing
will be helcl by the Board of Trustees crf the Town of
Fraser, Colorado, on Wednesday„ May 3„ 2023, at
6:00 PM In the Board Room o1 the Fraser Town Hat,
located at 153 Fraser Avenue, Frasier, Colorado to
consider the following agenda hem::
Proposed amendments to the Town of Fraser
Municipal Code Chapter 19, Article 1, Division
2— Review Procedures, and Chapter 19, Appenddx
1 Land Use Application and Submittal Checklists,
pursuant to the Town of Fraser Oand development
code ordnance..
All Parties May Attend
PUBLISHED IN THE MIDDLE PARK TIMES ON
THURSDAY, APRIL 13, 2023.
BCIDg9 Chapter 19 Amendments .... Page 1 of 1
TOWN OF FRASER
ORDINANCE NO. 495
Series 2023
AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 4, DIVISION 3 OF THE FRASER
MUNICIPAL CODE REGARDING GREASE INTERCEPTORS
WHEREAS, the Board of Trustees has determined that it is in the public's
interest to establish rules and regulations relating to design criteria and construction standards
WHEREAS, the grease interceptors have been identified as an area that requires
improved compliance & reporting
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO, THAT:
PART 1: AMENDMENT OF MUNICIPAL CODE.
Chapter 14, Article 4, Division 3 (Sanitary Sewer Services), of the Fraser Municipal Code
(herein sometimes referred to as the "Municipal Code") are hereby amended as follows [Note:
additions are shown in bold underlined print; deletions are shown as strikcthrough print]:
Sec. 14-4-320 (d). — Grease Interceptors.
(d) Grease interceptors. Grease interceptors shall conform to the specifications in the
International Plumbing Code as adopted by the Town and this Code. Grease interceptor layout
and detail shall be submitted to the Town for review and approval prior to construction or
installation.
a. All restaurants, cafeterias, and other buildings or parts thereof with
commercial cooking facilities or commercial food preparation (including
food trucks and trailers utilizing public sanitary sewer) shall install, use,
and maintain grease traps in accordance with the Town's Specifications
before connecting to the public sanitary sewer.
b. A monthly surcharge, which shall be four times the regular "monthly sewer
service fee," will be assessed against restaurants, cafeterias, and other
buildings or parts thereof with commercial cooking facilities or commercial
food preparation (including food trucks and trailers utilizing public sanitary
sewer) that do not, during any part of that month, install, use, or properly
maintain a grease trap in accordance with the Town's Specifications. In
addition, continued violations of the Town's grease trap regulation may
result in discontinuance of sewer service at the discretion of the Town.
1. A fee of $2,500.00 shall be paid for any service disconnected under
this section and $2,500.00 for reconnection.
1
c. For purposes of this section, "commercial cooking or commercial food
preparation facility" shall include, but not be limited to, restaurants,
lounges, snack bars, delicatessens, cafeterias and other buildings or parts
thereof (including food trucks and trailers utilizing public sanitary sewer)
intended for use as a commercial food preparing establishment.
d. Reporting:
1. All commercial cooking or commercial food preparation facilities
(including food trucks and trailers utilizing public sanitary sewer)
shall be required to have their grease interceptor inspected/cleaned
every ninety (90) days, or may be required by the Town more
frequently when:
a. Twenty-five percent or more of the wetted height of the grease
trap/interceptor, as measured from the bottom of the device to
the invert of the outlet pipe, contains floating materials,
sediment, oils, or greases; or
b. The discharge exceeds unacceptable biological oxygen demand
(BOD); chemical oxygen demand (COD); total suspended solids
(TSS); fats, oils, and grease (FOG); pH; or other pollutant levels
defined and established by the Joint Facilities Oversite
Committee (JFOC): or
c. If there is a history of non-compliance.
2. Copies of inspection/cleaning reports shall be forwarded to the
Town every six (6) months, on or before April 15th and October 15th
of each year. Reports should be sent to
FOGReporting@town.fraser.co.us
3. Failure to provide the inspection/cleaning reports required above on
before the due date for each shall be grounds for the Town to
assess a monthly surcharge that is four times the regular "monthly
sewer service fee" for each month reports are not timely submitted.
In addition, continued violations of the inspection/cleaning and
reporting requirements herein may result in discontinuance of sewer
service at the discretion of the Town.
a. A fee of $2,500.00 shall be paid for any service disconnected
under this section and $2,500.00 for reconnection.
2
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
AND SIGNED THIS 191 DAY OF APRIL, 2023.
Votes in favor: BOARD OF TRUSTEES OF THE
Votes opposed: TOWN OF FRASER, COLORADO
Votes abstained:
BY:
Mayor
(SEAL) ATTEST:
Town Clerk
3
MEMO TO:
FROM:
DATE:
SUBJECT:
11111 1111 1111
Mayor Vandernail and the Board of Trustees
Michael Brack, Town Manager and Joe Fuqua, Wastewater Superintendent
April 19, 2023
Industrial Pre -Treatment Program Options
MATTER BEFORE BOARD:
Consideration of two industrial pre-treatment program (IPP) options to better address industrial
waste coming into the wastewater treatment plant (WWTP), ensure that the plant can meet
state discharge requirements, and enhance the WWTP's capacity to provide treatment for
current and future development in the Fraser Valley.
BACKGROUND:
For the last several years, the expansion and establishment of breweries and distilleries in the
Fraser Valley have led to issues regarding consistently increasing levels of industrial waste that
is a byproduct of brewing and distilling manufacturing options. This waste comes to the WWTP
which contains extremely high levels of chemical biochemical oxygen demand (CBOD) & Total
Suspended Solids (TSS) i.e., organic load. CBOD is the first one removed by the "bugs", which
are bacteria that remove compounds such as fats, sugars, proteins, and ammonia so that water
can be further treated and discharged back into Fraser River. However, due to the excessively
high organic loads coming into the WWTP, the bugs are not able to completely remove the
ammonia during the treatment process which has resulted in discharge permit violations from
the State of Colorado.
In 2022, a Bio-Solids Study was conducted that measured the organic load coming into the
WWTP as compared to the flow of wastewater coming into the plant. The findings were based
on the amount of BOD & TSS total suspended solids (TSS) coming into the plant. The plant was
receiving loads that were equal to 8,333 Equivalent Residential Units (EQRs) when the total
EQRs for 2022 allocated to all three of the sanitation districts were 6,088. This shows that the
equivalent of 2,245 (8,333-6088) additional residential units' worth of suspended solids are
coming into the plant.
This study, along with other supportive documentation, has demonstrated the need to
implement an IPP that can work to reduce the amount of organic load coming into the plant so
that the plant can effectively treat wastewater, specifically ammonia. This can also prevents
further state violations and makes better use of the EQRs provisioned for current and future
development.
IPP Option #1: Treat Industrial Waste at the WWTP
The JFOC approves installation of Project N (nitrogen) at the cost of $12 Million (estimated) to
add an additional organic waste treatment facility to enhance nitrogen removal. This would
require breweries and distilleries to meet zero discharge requirements with a supplied organic
waste collection tank that would be collected by WWTP operators to be used as a carbon
source to enhance nitrogen removal at the WWTP.
Northern Colorado Water Conservancy District has a driven interest in supporting both
installation and operational costs towards this project with a contribution of 70% (-$8.4M)
towards this capital project. This leaves an estimated $3.6M for the JFOC to pay including any
financial burden passed through to the industrial waste source i.e., Breweries, distilleries.
IPP Option #2: Mandate Breweries and Distilleries to install IPP on Site
Individual breweries, distilleries, and wineries install treatment systems that treat the organic
waste and then dispose down the sewer. This will also remove the grains and wheats. This
requires a more work intensive approach from the breweries, distilleries and WWTP staff to
enforce and monitor compliance. The cost for breweries is approximately $35-50k and is
contingent on space available for this added equipment. The cost for distilleries is approximately
$1M and the cost for wineries is approximately $20-$35k.
RECOMMENDATION:
Staff recommends the Board approve an option for presentation of an ordinance at the May 3,
2023 Town Board Meeting that will include code changes to the Town of Fraser municipal code
that lays the ground work for Project N and the installation of IPP at the WWTP. This approach
keeps the WWTP in control of IPP instead of sourcing out users and better ensures the
WWTP's ability to meet regulatory requirements for their discharge into the Fraser River.
APPENDIXES:
IPP Option #1: Treat Industrial Waste at the WWTP Handout
IPP Option #2: Mandate Breweries and Distilleries to install IPP on Site Handout
Brewing up Solutions for
1
Many communities throughout the United States are increasingly
dealing with stringent nitrogen effluent limits, leading many to
invest in costly nitrogen removal infrastructure upgrades at their
wastewater treatment plants. Often, one of the limiting factors
within a nitrogen removal process is the availability of carbon. In
these situations, communities must often inject alternative carbon
sources such as microC, glycol or methanol, which can be both
expensive and create hazards with respect to storage and handling.
Separately, an increased demand for craft beer and spirits has
resulted in a boom in the micro -brewery and distillery industry.
As with anything "micro," cost control is critical in order to ensure
long-term financial viability since the volume of product is limited.
One potentially significant cost to micro brewers can be the cost
of treating and hauling the waste by-product to an appropriate
disposal site, or paying the municipal fees associated with
discharging high strength waste into a public collection system.
In 2017, HDR tasked its employees to develop innovative ideas that
were judged collectively by their peers. This process enabled the
creation of a pilot program in 2018 that studied the viability of using
brewery and distillery waste as a cost-effective carbon source for
nitrogen removal in treatment plants. Here's how we anticipate the
partnerships and benefits of putting this by-product to beneficial
use will play out:
BR -WING
H AULING AND
STORAGE
--
WA STEWATER
Imagine a Low -Cost
e con of Nitrogen um
in Veer Wastewater
s
Nearly every state in the nation already has, or will
soon have, established nutrient criteria for their
lakes, rivers and streams . Stricter nutrient criteria
means more advanced treatment is required
to meet effluent permit limits. The microbial
populations in the wastewater treatment process
need food in the form of carbon to remove nitrogen .
In order for nitrogen levels to continue to be
reduced, additional carbon needs to be added to
the system. However, proprietary carbon -based
products are expensive (maybe as much as $6 per
gallon), are often shipped from very long distances,
and in some cases are hazardous to human health.
Utilizing l ocal sources, HDR has successfully
implemented the collection and dosage of
brewery wastewater into the post anoxic zone of a
wastewater treatment plant, and has shown that
the process can decrease effluent nitrogen levels .
ft 111
__ UI
BREWING
iorof e a a fask over g rr du try an d everybrewer ,
rtes a llglrtltrem t hit rrrust �e disposed r
o rr'__ sh € n t is osal of tl rs u€ s e cad ri a vely irrt c tlt
rrvil o nrttent and ►gnrtrc ntly impact th ee nc m and l nan a
abth y of l his indiist ,
"This brewery waste approach
offers wide applicability to
municipalities across the
country that are searching
for a cost effective way to
increase their plant nutrient
removal,performance."
Cora
Revis
Coralynn.Revis@ hdrinc. com
The HEM pilot study involved using a vactor truck to collect and
transport the brewery waste to the wastewater treatment plant` ..
and the subsequent storagot the waste ia tank on -site. The
breweries utilized during the st udy were select ed in part based on
the l ogistical feasibility of collecting waste from th e brewery.
H M IN
SORT
"Our pilot study is a win -win
solution for the community of
Bozeman — we were able to
collaborate on groundbreaking
technology with our client to
find an affordable solution
to future stringent effluent
limits, while also providing
a local small business with a
sustainable and affordable
solution for disposal of
brewery waste."
Bill
Buxton
William .Buxton@hdrinc .com
CASE STUDY
In the summer of 2018, HDR
collaborated with the City
of Bozeman to provide the
engineering support behind
our "Brewing up Solutions for
Nitrogen Removal" pilot study.
WA STEWA TER
Results:
The results of the study validated the theory that injecting
brewery waste to the right stage of the wastewater
treatment process would lower nitr ogen levels. During the
dosing periods of the study, the test bioreactor was able to
achieve total nitrogen concentrations of 0.5 — 2.0 mg/L
lower than those achieved in the control bioreactor. There
was a clear, and at times significant, reduction in nitrate
concentrations in the dosed bioreactor compared to the
concentrations in the control bioreactor during the testing
periods. When the brewery waste ceased being dosed
to the test bioreactor, the nitrate levels increased and
returned to those found in the control bioreactor.
In summary, a novel and cost effective way to comply
with increasingly stringent nutrient standards is offered
by injecting brewery waste into the right stage of the
wastewater treatment process. The results of this brewery
waste project will be pertinent to nutrient standard
compliance efforts across the country, and offer wide
applicability in their po tential to be replicated elsewhere.
s
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Scalable, affordable solution to reduce fees and meet
discharge requirements.
1 11 11 1 11 1 1 1 1
Brewing beer is a water intensive process that generates significant volumes of high strength
wastewater with elevated levels of biochemical oxygen demand (BOD), chemical oxygen demand,
(COD) and total suspended solids (TSS). As a result, many breweries incur costly high strength
surcharges from local utilities, pay to truck wastewater offsite, or contend with other onsite
challenges related to odors and wastewater storage.
As water authorities around the world enforce stricter regulations, increase surcharge rates and
discharge fees, more breweries are seeking onsite treatment solutions.
Microorganisms are nature's best nutrient recyclers and decomposers, providing the biological
engine behind many forms of wastewater treatment. BioGill technology creates the perfect oxygen
rich environment for microorganisms to perform at their best. BioGill above -ground treatment
systems are particularly effective in reducing the soluble BOD found at high levels in brewery
wastewater.
BioGill treatment units are modular, so as production and wastewater volumes increase, a brewery
can simply add more units. Compact and small in footprint, BioGill units are an ideal solution in
space constrained locations or as a retrofit option to boost the capacity of an existing treatment
process.
Using BioGill technology, brewers can benefit from significant savings in wastewater discharge or
disposal costs, along with improved environmental operations.
1711
le 11
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Vd ua
Meet compliance &
discharge limits
ti
Simple to install, easy
Resistant to shock loads Save on surcharges
to operate. Low sludge. & flow fluctuations
Onal
EMS
LL
Primary Treatment (solids removal)
/IV
Reduce odor
pH Adjustment
D llll,�l�!!f )111!ll,U RilifJJ,JJ�JJJ��I� J� 1!!iJ)
I Illl�lllll�lllllliiiii�ff(fl�f ����fllf�f(��fff�ll<fl
Polishing
Compact footprint
HOW BIOGILL WORKS
At the technology's core is patented Nano -ceramic media known as "Gills", which
provide an ideal environment for the attachment and growth of a healthy treatment
biomass. The uniquely designed Gills are arranged in multiple suspended vertical
loops with wastewater dispersed across the top. One side of each Gill is always
in contact with the high nutrient wastewater stream, while the other is exposed to
an abundant air supply, maximizing microbial growth and metabolic performance.
As the wastewater flows down the surface of the Gills, microbes rapidly consume
dissolved nutrients. The metabolic activity of the biomass generates a convective
air flow that moves upward along the air side between each set of Gill loops,
providing oxygen to fuel and
sustain the treating biomass,
without the use of energy -
intensive blowers or aerators.
BioGill bioreactors offer efficient
removal of soluble organic
material in a compact, above-
ground package. The robust
and reliable performance of
the BioGill technology can
reduce soluble BOD in brewery
wastewater by over 90%.
TREATMENT SOLUTIONS
Fig.1 Gill Structure
1���i�11���1��1�"11'1`111���
\�1tmi�ntaI1
Biofilm
Air —1
Side
11�
Liquid
Side
1
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Air —1
Side
BIOGILL TOWER PLUS BIOGILL ULTRA
• Smallest BioGill bioreactor, designed to fit tight • Ideal for mid -sized breweries w
spaces. ?5,000 gpd.
• Versatile and scalable, can also be added • Complete containerized biological treatment
to an existing treatment process to boost system.
performance.
• Comes complete with stand, tank and pump.
h wastewater
• Includes control system, HMI, PLC and
hydraulic skid.
RESULTS
BOO REDUCTION, 2 -STAGE SYSTEM
9000
9000
7000
6000
5000
4000
3000
2000
1000
0
11
BEFORE
AFTER
s9yo
moval efficiency
Data from a BioGill brewery treatment system.
ALL BIOGILL SOLUTIONS
• Modular and scalable, units can be added as
production increases.
• Simple to operate and easy to maintain.
• Quick onsite installation and compact footprint.
• Low sludge production.
For additional information please contact:
US & Canada
E: infoamericas@biogill.com
Case studies and technical reports are available atwww,biogill,com
LL
MEMO TO:
FROM:
DATE:
SUBJECT:
11111 1111 1111
Mayor Vandernail and the Board of Trustees
Rob Clemens, Finance Director
April 19, 2023
JFOC request for funds for Organizational Review
MATTER BEFORE BOARD:
Winter Park Ranch Water and Sanitation District Board has proposed engaging with the FCS
Group to evaluate regional wastewater management and staffing alternatives for the JFOC.
BACKGROUND:
At the February meeting of the JFOC, Winter Park Ranch Water and Sanitation District
introduced a letter requesting the JFOC explore governance and third -party management
options. The purpose of this study is to understand the agreements, operations, and
requirements of the three organizations that make up the JFOC: Winter Park Ranch, Grand
County #1, and Town of Fraser.
The Town of Fraser has served as the manager of the Joint Facilities plant since its construction
which includes operations, finances, and staffing. Fees for these services have been billed to
the JFOC and expenses are paid in proportion to EQR allocations between the organizations.
The cost of this study to the Town of Fraser would be approximately $10,500.00, assuming no
over -runs or additional consulting.
According to the JFOC agreement, any of the included districts can become the manager.
During the April 4th Managers Meeting, the managers of Winter Park Ranch and Grand County
#1 expressed that their Boards were not interested in taking over the management role.
The outcome of the FCS Group whitepaper is for the JFOC to understand the viability and
scope of contracting an independent manager to operate the Joint Facility Plant.
ALTERNATIVES CONSIDERED:
• No other service contracts have been considered
• Other JFOC entities have not expressed interest in managing the Joint Facility
RECOMMENDATION:
The staff recommends the Fraser Town Board does NOT support the contract with FCS Group.
First, and most importantly, such a study creates an unnecessary risk for plant operations. The
plant requires at least three employees to maintain operations on a weekly basis. The current
staff team of four manages the 24/7 operations. These employees are required to have various
licenses to operate the plant in accordance with the permits. These positions are hard to fill,
take time to train up, and are in high demand at Granby Sanitation.
Anyone who has tried hiring in the past 12 months should understand the following risks:
• HR policy conflicts of employees of one organization reporting to another organization
• Staffing risk of not enough licensed people for the number of positions requiring licenses
• The lack of affordable housing makes importing employees more costly or impossible
• Daily and project operations often require established relationships to be successful and
new arrivals cannot access the resources they need
• Outsourcing operations is more costly due to:
o Higher hourly rates paid to consultants
o Lodging and travel costs of non -locals
o Ramp -up costs to build a knowledgebase
o Pivot costs — once you lose a skill in the valley, you cannot pivot back to it
Since the JFOC meeting, two plant employees have come to me with concerns. If the Town of
Fraser is no longer the manager, then those positions become uncertain. With uncertainty,
employees will explore other options. Therefore, it is recommended by staff that the Town of
Fraser provide certainty to its employees by opposing the outsourcing of plant operations. This
reinforces the Town's commitment to the residents that sanitation operations can continue.
Second, this analysis does not address the underlying issues of the participating organizations.
The EQR allocations do not match actual flows, therefore the drivers of tap assignments are
inaccurate. The JFOC codes and standards have not been enforced consistently in the current
Districts and Towns. If these issues are not resolved, then there is not an operating model that
will improve the long-term results.
GROUP
Solt' ti(ms-Oricntccl ( oiisulting
February 8, 2023
Jim Fox
Winter Park Ranch Water & Sanitation District
601 Park Place
Fraser, CO 80442
IFiiir m Headquarters
Redmond Town Center
75251660i Ave NE, Ste. D-215
Redmond, Washington 98052
Subject: Engagement of FCS GROUP to Evaluate Regional Wastewater Alternatives
Dear Mr. Fox:
IEstalalliislhed 1988
VVashington 1425.867.1802
Oregon 1503.841.6543
Colorado 1719.284.9168
I am writing in follow-up to our phone conversations last month wherein you requested that I provide
you with a scope of services to assist the Joint Facilities Oversight Committee (JFOC) in evaluating
alternatives to its governance structure. In our conversations, we discussed the possibility of
examining different governing structures, such as a special district, a wastewater authority, or other
alternatives. As a first step, we discussed the development of a white paper that would summarize the
potential options at a conceptual level.
We propose the following scope of work to produce and present a white paper for JFOC-level
consideration.
Task 1: Background and Information Review
Although we are familiar with the overall ownership structure of the JFOC, we would like to gather
additional information that will allow us to better describe the contexts for a potential change in
structure. For instance, a change in governance could affect the disposition of assets and related
liens on those assets, such as municipal bonds. Moreover, we would like to understand equity
considerations for both the JFOC members as we describe the options in the white paper. This task
will include the following sub -tasks:
• Information request to the JFOC for collecting basic financial information, copies of relevant
agreements concerning the current IGA and governing structures, estimates of future capital
improvements, and other items we may determine as necessary to complete our scope.
• Meetings with the JFOC to review the information we receive.
• Produce a summary of the key financial and legal (i.e., contractual) considerations for future
reference in the white paper.
February 8, 2023
Jim Fox, Winter Park Ranch
RE: Engagement of FCS GROUP to Evaluate Regional Wastewater Alternatives
Task 2: Development of Governance Alternatives
A change in governance could tak a few different forms, some more likely than others. In this task,
we want to develop the options that we view as the most viable, all things considered, which we
believe will help narrow the discussion while describing the major issues for the JFOC's attention.
This task will include the following for each scenario:
• Define the overall governance structure;
• Describe how the proposed structure facilitates or impedes the JFOC and its members in
achieving their mutual and respective goals;
• Based on the background information collected, describe the major financial considerations;
The information developed in this task will be summarized in the white paper (Task 3).
Task 3: Prepare White Paper
The white paper will include summary -level information about the existing structure (from Task 1),
the potential for different structures (from Task 2), and a high-level evaluation of the expected costs
and benefits the JFOC members may experience going from its existing structure to any of the
identified alternatives. The overall structure (table of contents) for the white paper will include the
following elements:
• The existing outlook under an assumed status quo condition with no change to the
governance structure;
• Discussion of the alternative structures compared to the status quo:
o Changes to the governance model;
o Changes to the members' levels of service requirements;
o Changes to the financial model, including a summary of expected costs and benefits;
and
o Additional discussion of the challenges in implementing each alternative.
• Conclusions, findings, and recommendations
Task 4: Presentations and Meetings
We will summarize our white paper in a format suitable for public meetings at the JFOC's direction.
Additionally, the JFOC may request that we attend other meetings to discuss our findings or other
aspects of our evaluation on an as -needed basis.
We will invoice the JFOC monthly for any time and materials expended in completing the above
scope of services. All labor resources will be billed at the enclosure's standard hourly rate schedule.
PCS GROUP
w ww fcSg;U
February 8, 2023
Jim Fox, Winter Park Ranch
RE: Engagement of FCS GROUP to Evaluate Regional Wastewater Alternatives
We will bill for any out-of-pocket expenses at our cost without markup. We do not anticipate using
sub -consultants to complete the scope of work outlined herein. However, should the JFOC request
the use of sub -consultants for any reason, we will bill those services along with our own as part of
our monthly invoice; all sub -consultant charges will be subject to a 10% markup. We estimate our
fees at $35,000, inclusive of expenses.
We will endeavor to complete the scope of services as quickly as possible in coordination with your
timelines. We will keep you apprised of the status of our work at regular intervals. The JFOC may
terminate our engagement at any time at its convenience; we will bill for any fees and expenses
incurred up to the termination date. We understand the confidential nature of our engagement and
will not share any details discovered or developed during our work with any other party.
I will serve as the principal -in -charge and project manager on behalf of FCS GROUP. You can
contact me at any time at my direct phone number at (303) 652-7548, or by email at
asonm 4x>fcsp-rou ..corn.
Yours very truly,
fi
Json-Mumm
Principal
Approved
Joint Facilities Oversight Committee
Name:
PCS GROUP
w vw t'cSg roLii . ��
February 8, 2023
Jim Fox, Winter Park Ranch
RE: Engagement of FCS GROUP to Evaluate Regional Wastewater Alternatives
FCS GROUP
2023 STANDARD FEE SCHEDULE
Effective December 5, 2022
LABOR1
POSITION/TITLE BILLING RATE
Principals Standard Rate $250 - $295
Project Managers Standard Rates $200 - $230
Consultants Standard Rates $155 - $190
Administrative and Technical Support
Public Relations $170
Technical Writer/Graphic Artist $145
Administrative Support $ 95
DIRECT EXPENSES
Major direct expenses, such as travel, mileage, and lodging, will be charged at cost. Other expenses
will not be directly charged unless by mutual agreement of the client and FCS GROUP and specific
terms will be established in advance prior to expenditure and billing.
SUBCONSULTANTS
When applicable, subconsultants will be charged at invoiced cost plus 10%.
Litigation rates are 150% of standard hourly rates for services in support of direct litigation,
settlement negotiations, arbitration and/or mediation processes.
PCS GROUP
w vw t'cSg roLii . ��
ROB CLEN AENS
FINANCE DIRECTOR
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