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HomeMy Public PortalAboutOrdinance #102 To~m OF FRASER ORDINANCE NO. /~;)-- AN ORDINANCE APPROVING THE MEMORANDUM OF AGREEMENT "PREANNEXATION" BETWEEN DONALD N. DRAKE, W~ER L. MEYER AND JAMES H. GIBSON, AND THE TOWN OF FRASER, DATED~) . , 1981, REGARDING ANNEXATION OF CERTAIN PROPERTY TO TH~~O . OF FRASER, AND REGARDING DEVELOPMENT OF THAT PROPERTY SUBSEQUENT TO SUCH ANNEXATION. WHEREAS, the Board of Trustees of the Town of Fraser has negotiated with Donald N. Drake, Walter L. Meyer and James H. Gibson for the annexation of a tract of land adjoining the said Town and comprising approximately 40.695 acres of land, which property is not now located in the Town of Fraser; and WHEREAS, the Board of Trustees of the Town of Fraser has reviewed the Agreement prepared pursuant to such negotiations, and finds that such Agreement includes all matters for which the Board of Trustees can give approval, NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, AS FOLLOWS: Section 1: The Board of Trustees of the Town of Fraser finds and determiIJes that the Memorandum of Agreement "Preannexation" dated ~{~)L/ , 1981 between Donald N. Drake, Walter L. Meyer and J mes H. Gibson, as Owners, and the Town of Fraser (for the annexation of certain land owned by said Owners and being contiguous to the Town of Fraser, which Agreement is conditional upon the annexation hearing resulting in a favorable vote of this Board approving such annexation, and which Memorandum of Agreement also provides for the rights and obligations of the Town of Fraser and the Owners regarding development of the subject property for a period of ten (10) years subsequent to the effective date pf annexation of subject property), is reasonable and in the best interest of the citizens and residents of the Town of Fraser. Section 2: The Mayor and the Clerk of the Town of Fraser are hereby directed and authorized to execute said agreement. DULY MOVED, SECO~D fu~D APPROVED BY TH~ BOARD OF TRUSTEES OF THE TOWN OF FRASER THIS day of fltJi2M@ , 1981. Tmm OF FRASER By: ..'r/~(/I r1 ~{1Xar~ R~c ar A. Leonard, Mayor I ATTEST: J Published in the Sky Hi News on -rO?J /1 , 1981. ýÿ t)d::i);": <~.:::f' LEASE The Board of Trustees of the Town of Fraser, Colorado, Landlord, for and in consideration of the rent of $10.00 per year, or part thereof, and for other good and valuable consideration, hereby lease unto Donald N. Drake, Walter L. Meyer and James H. Gibson, or their assigns, as Tenants the water rights described and conveyed in that Special Warranty Deed attached hereto as Exhibit A. Tenants shall use such water for purposes of irrigation to the extent necessary in order to prevent any loss of a right to use such water as those rights now exist. Tenants shall not use such water in any manner that will cause a default of the Deed of Trust for the use of Frank J. Johns as referred to in the Exhibit A Special Warranty Deed. The term of this Lease shall expire Thirty (30) days after Landlord gives written notice to Tenants of its 'intent to so terminate this Lease. In no event shall this Lease extend any longer than Twenty-five (25) years after the date hereof. Recordation in Grand County Recorder's Office of sworn statement from Landlord of such termination shall be sufficient evidence of termination of this Lease for all purposes. Tenants shall be responsible for any payment for all maintenance and repair of ditches, headgates, flumes, pumps and any other equipment, materials, costs (including easements, leases or other payments associated with use of such water rights), and agree to indemnify the said Board of Trustees and the Town of Fraser for all such costs, claims and demands. Tenants shall be solely responsible for the filing of any documents that may be required to protect such water rights, such as, but not limited to, statement of due diligence for any conditional rights. Tenant shall exercise reasonable protection of such water rights, such as, but not limited to, filing of any protests to protect the priority of such water rights with regard to any third party adjudications or' augmentation plans. (()d,w C2 9 DATED: , 1981. TOWN OF FRASER ((;~r;t;;J onald N. Drake ~<1 ~ LIi~ James H. G~ son By: 4~~1rtuJ acteO?/fcJ R~chard A. Leonard, Mayor ATTEST: (5 E l. L) E>.h~:::"lt l:~j:1 SPECIAL WARRANTY DEED DONALD N. DRAKE, WALTER L. MEYER and JAMES H. GIBSON, Grantors, of Post Office Box 2, Winter Park, Colorado 80482, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sell and convey to the BOARD OF TRUSTEES OF THE TOWN OF FRASER, Colorado, Grantee, whose address is Post Office Box 126, Fraser, Colorado 80442, the following property in the Town of Fraser, County of Grand, State of Colorado, to wit: .50 cubic feet of water per second of 'time available from Elk Creek under Grantor's right, title and interest in and to the water right decreed to Elk Creek Ditch No.2, which structure was awarded 3.125 cubic feet of water per second of time under Appropriation No. 102, date of Appropriation July 23, 1894, decreed on August 11, 1906 by the District Court in and for the County of Grand, State of Colorado, in the matter of the Adjudication of Rights to the use of Water in Water District No. 51 for purpose of irrigation. The point of diversion for such Elk Creek Ditch No. 2 was changed to a new point of diversion by decree of the District Court in and for the County of Grand, State of Colorado, which decree was issued on March 9, 1922, and was recorded at Book 98, Page 494 of the Records of the Clerk and Recorder, Grand County, Colorado; Together with an undivided twenty-five per cent of Grantor's right, title and interest in and to the Elk Creek Ditch No. 2 and the easements and rights-of-way appurtenant thereto; Together with all easements, rights of way, ditches, embankments, flumes, headgates, measuring devices and any other structures or rights appurtenant to said water rights, and WARRANT THE TITLE AGAINST ALL PERSONS CLAIMING UNDER US, except for the lien of general real estate taxes for 1981 and subsequent years, and except for the lien of general real estate taxes for 1981 and subsequent years, With all its appurtenances. DATED THIS c;;2L day of . rjd~ , 1981. J~y/34~ ~ld ~. Drake ~ ~ L~'ii~" Jame-s H. G~b on ýÿ STATE OF COLORADO ss: COUNTY OF GRAND K ~ This instrument was acknowledged before me this ~ - day of ~~ , 1981 by Richard A. Leonard, as Mayor, and Virginia Winter, as Town Clerk, of the Town of Fraser. Witness my hand and official seal. My co~is;ion expires ~ ::J-f; /'l,<?tf (5 E A L) STATE OF COLORADO ss: COUNTY OF GRAND d0_~/ This instrument was acknowledged before me this ~)?~. day of (l/ct~~ ' 1981 by Donald N. Drake, Walter L. Meyer and James H. Gl.bson. Witness my hand and official seal. My corrunission expires /1 da - %~ ~(2i7?L~u~ NQ ary Publl.c l Address: ~4--~ I j/ /;'yJ'!' h ~ a.4- r!!<) ?? () -.;;>.:9- (5 E A L) - 2 - ýÿ INDEX MEMORANDUM OF AGREEMENT "PRE-ANNEXATION" (FOREST MEADOWS DEVELOPMENT) PART I Page 2 Article 1.00 - Survey Article 2.00 - Filing of Annexation Petitions and Fees 2 Article 3.00 - Zoning 4 Article 4.00 - Subdivision 4 Article 5.00 - Development Plan of Property Following Annexation 5 Article 6.00 - Withdrawal of Petitions for Annexation 6 Article 7.00 - Annexation 6 Article 8.00 - Superior Authority 7 Article 9.00 - Notice of Default 7 Article 10.00 - Remedies in Event of Default 8 Article 11.00 - Assignment 9 Article 12.00 - Jurisdiction 9 Article 13.00 - MOdification 9 Article 14.00 - Time Limits of Agreement 9 Article 15.00 - Municipal Services 10 PART II GENERAL DEVELOPMENT PLAN Article 16.00 - Vehicle Accommodations 11 16.010 - Streets and Roads 11 16.030 - Bridges 14 16.040 - Parking and Loading Areas 14 Article 17.00 - Utilities 15 17.010 - Water 15 17.020 - Sewer 19 17.030 - Drainage 20 17.040 - Buried Utilities 20 Article 18.00 - Building Construction and Spacing 20 18.040 - Energy Conservation 21 Page 18.050 - Residential/Commercial Construction Ratios 22 Article 19.00 - Commercial Development Review 22 Article 20.00 - Fire House, School Lands and Other Donations 22 20.010 - Fire House 22 20.020 - School Land 23 20.030 - Other Donations 23 Article 21.00 - Setbacks 24 Article 22.00 - Employee Housing 24 Article 23.00 - Public Transit 24 Article 24.00 - Signs Article 25.00 - Revegetation Article 26.00 - Maintenance of Non-Public Areas Article 27.00 - General Development Plan Review Article 28.00 - Conflicting Regulations Article 29.00 - Severabil i ty 25 25 25 26 27 27 - 2 - MEMORANDUM OF AGREEMENT II PRE-ANNEXATION" (FOREST MEADOWS DEVELOPMENT) PART I THIS AGREEMENT (Parts I and II) is between DONALD N. DRAKE, WALTER L. MEYER and JAMES H. GIBSON ("Owners") and the TOWN OF FRASER, COLORADO, acting by and through its Board of Trustees ("Fraser"); WHEREAS, the above owners are fee title holders of the following tract of land located adjacent to Fraser in the SE1/4 of Section 19, and the SW1/4 of Section 20, Township 1 South, Range 75 West of the 6th p.m., Grand County, Colorado: Parcel A: Commencing at the East 1/4 corner of said Section 19; thence along the North line of said SE1/4 of Section 19, S 89049'39" W, 481.00 feet to the true point of beginning; thence S 19020'55" E, 590.00 feet; thence S 82025'09" W, 10.00 feet; thence S 00006'18" E, 455.00 feet; thence S 89053'42" W, 175.00 feet; thence S 48009'03" W, 244.39 feet to a point on the Easterly right-of-way line of the Denver & Rio Grande Western Railroad; thence along said Easterly right-of-way line on a curve to the right having a central angle of 31017'13", an arch length of 367.79 feet, whose chord bearing is N 30010'28" W, 363.25 feet, to a point of tangency; thence along said Easterly right-of-way line N 14031'50" W, 754.04 feet; thence N 89049'39" E, 50.00 feet; thence N 14031'50" W, 135.00 feet to a point on the said North line of SE1/4 Section 19; thence N 89049'39" E, 526.29 feet to the true point of beginning, containing 13.971 acres, more or less. PARCEL B: Commencing at the East 1/4 corner of said Section 19; thence along the East line of the said SE1/4 of Section 19, S 00006'18" E, 520.00 feet to the true point of beginning; thence S 82025'09" W, 299.00 feet; thence S 00006'18" E, 455.00 feet; thence S 89053'42" W, 175.00 feet; thence S 48009'03" W, 244.39 feet to a point on the Easterly right-of-way line of the Denver & Rio Grande Western Railroad; thence along said Easterly right-of-way on a curve to the left having a central angle of 25044'09", an arch length of 302.54 feet whose chord bearing is S 58041'07" E, 300.00 feet to a point of tangency; thence along said Easterly right-of-way line S 71033'12" E, 344.64 feet; thence S 74057'09" E, 73.63 feet to a point on the said East line SE1/4 Section 19; thence along said East line, SE1/4 Section 19 N 00006'18" W, 941.90 feet to the true point of beginning, containing 7.902 acres, more or less. PARCEL C: Commencing at the West 1/4 corner of said Section 20, thence along the West line of the said SW1/4 Section 20 S 00006'18" E, 328.95 feet to the true point of beginning; thence N 40041'52" E, 81.67 feet to the Southerly right-of-way line of U.S. Route 40; thence S 49018'08" E, 509.20 feet to a point of curvature, being tangent to spiral; thence continuing on said Southerly right-of-way line along a curve to the left, having an arch length of 824.20 feet, whose chord bears S 57044'38" E, 818.90 feet to a point of tangent; thence continuing along said Southerly right-of-way line, S 66041'08" E, 715.73 feet; thence S 89047'25" W, 470.58 feet to the SE corner, NW1/4 SW1/4 of said Section 20; thence along the South line of the said NW1/4 SW1/4 Section 20, S 89047'25" W, 1316.72 feet to a point on the said West line of the SW1/4 Section 20; thence along the said West line of the SW1/4 Section 20, N 00006'18" W, 996.98 feet to the true point of beginning, containing 18.822 acres, more or less. (herein after referred to as the "Property"). AND WHEREAS, the OWNERS desire to undertake the process of determining if the PROPERTY could be annexed to Fraser upon terms which are agreeable to both the OWNERS and FRASER; AND WHEREAS, the parties are each willing to make certain commitments to the other as in this Agreement set forth, pertaining to their respective rights and duties (a) during the process of determining if the PROPERTY could be annexed to FRASER upon mutually agreeable terms and, if so, (b) after annexation occurs; NOW THEREFORE, in consideration of the premises, the mutual commitments, covenants and agreements herein contained, and for other good and valuable consideration, the receipt and adequacy of which is hereby irrevocably acknowledged by both the OWNERS and FRASER, the parties agree as follows: Article 1.00 - Survey 1.01 - The OWNERS shall submit to FRASER, along with the Annexation Petitions provided In this Agreement, a boundary line survey, prepared by a licensed land surveyor, including a survey drawing and written legal description (on the boundaries of the map and in paragraph form), of all of the subject PROPERTY. Said survey shall be certified by the surveyor to be prepared under his direction and to be accurate. Article 2.00 - Filing of Annexation Petitions and Fees 2.01 - The OWNERS agree to submit to Fraser three (3) separate Petitions for annexation, in compliance with Section 31-12-107(1), C.R.S., 1973 as amended, for the annexation of the PROPERTY in three (3) phases. The first phase shall encompass the tract of PROPERTY described as Parcel A; the second phase shall encompass the tract - 2 - of PROPERTY described on Parcel B; the Third Phase shall encompass the tract of PROPERTY described on Parcel C. Said Parcels shall include all of the PROPERTY required by this Agreement to be included in the annexation. 2.02 - The OWNERS have submitted an Annexation Fee in the amount of Five Thousand Dollars ($5,000.00) as a deposit to apply to all other documentation and FRASER's expenses incurred on account of this annexation. Any excess funds shall be refunded to O~~ERS. Any shortage shall be paid by O~~ERS. 2.03 - If the OWNERS should withdraw the Petitions for Annexation prior to annexation of the PROPERTY for any reason, or if this Agreement should be terminated for any reason, notwithstanding any other provision of this Agreement to the contrary, FRASER shall refund the remaining balance of the Annexation Fee after all costs are paid and accounted for to the OWNERS. 2.04 - The OvmERS shall also submit with the Petitions for Annexation, a title insurance commitment or pOlicy, or an attorney's letter of opinion indicating that the OWNERS are fee title owners of the PROPERTY (to within 10 days prior to the date of submission of the Petitions to FRASER) and include names and signatures to this Agreement of any lienholders, and also indicating all recorded easements and rights-of-way crossing subject property. 2.05 - Upon receipt of FRASER of the Petitions, Documents and funds, all as may be required by this Agreement, FRASER shall promptly examine the same and determine by formally adopted resolution whether they comply with the provisions of Section 31-12-107, C.R.S., 1973, and with this Agreement. 2.06 - If at the hearing on the Petitions for Annexation, the Board of Trustees of Fraser should vote to reject the Annexation, then this Agreement shall be deemed terminated. However, OWNER shall not be relieved of liability for FRASER's fees and expenses as set forth in 2.02 and 2.03 above. - 3 - ýÿ Article 3.00 - Zoning 3.01 - The OWNERS hereby agree to conform and abide by all existing zoning regulations, or amendments thereto made after the date of this Agreement, of the Town of Fraser both at the time of annexation and subsequent thereto as they apply to the PROPERTY. Certain items of this Agreement, namely items 16.040 and 24.010, are more restrictive than the current zoning regulations of Fraser but are agreed to by the OWNERS and any subsequent owners to be binding on the PROPERTY unless changed in writing by mutual agreement between the parties hereto or their successors and assigns. 3.02 - As permitted by Section 31-12-115, C.R.S., 1973, as amended, after determining that the Petitions for Annexation are in compliance with the provisions of Section 31-12-107, and after adopting the Resolution provided in Paragraph 2.04 above, FRASER shall immediately commence the procedure to zone the Property in accordance with State statutes and its Ordinances. 3.03 - FRASER agrees to take final action with respect to the zoning of the PROPERTY at the same time and by simultaneous Ordinance as it finally considers the Petitions for Annexation. 3.04 - There is no obligation by FRASER to zone the PROPERTY in any particular zoning district or districts. 3.05 - Fraser does not now have a PUD Zone or PUD special use permit available for use on subject property. However, 01iNERS agree that (pursuant to provisions of Article 5.00 below) they will not object to the use of a PUD Zone or PUD special use permit on subject property by Fraser, at such time that Fraser has adopted the enabling ordinances, on the express condition that OWNERS be able to develop the property in accordance with the plan described in Article 5.00 below and in accordance with the terms and conditions of this Agreement. Article 4.00 - Subdivision 4.01 - The OWNERS of the PROPERTY agree to abide by the Subdivision Regulations of the Town of Fraser and any legally adopted amendments. Additional planning criteria described in Part - 4 - II of this Agreement will also apply to the PROPERTY, its OWNERS and assigns. At such time as the PROPERTY, or any part, is zoned PUD or is granted a PUD Special Use Permit, OWNERS agree to comply with such PUD Ordinance as long as the same are not in conflict with this Agreement. 4.02 - If OWNER plats the entire three parcels as one filing, rather than separate phases or filings, then OWNER shall be able to prepare the Plat on a scale of 1:100 or larger scale rather than 1:20 as required by the Subdivision Regulations, on the condition that OWNER use separate sheets for the Final Plat for such matters as roads and easements, building location, and other matters required to be shown on the Final Plat. All of these sheets shall constitute the Final Plat and shall be recorded when approved by the Town of Fraser. 4.03 - OWNER agrees to provide "as-built" surveys for condominium and townhouse projects for which the Town Board must indicate approval thereon prior to filing with the Grand County Clerk and Recorder. The "as-built" maps shall show the location of the buildings to tie points, the location of roads, alleys, sidewalks and easements, and show the horizontal and vertical survey dimensions to properly describe the air space of the condominium or the location of the townhouse. Therefore, the Final Plat, prepared prior to actual construction, need not be exact in showing proposed building locations, but shall show the approximate locations of such buildings. Such "as-built" maps must be on a scale of 1:20. Article 5.00 - Development Plan of Property Following Annexation 5.01 - Accompanying this Agreement is a Planned Unit Development (PUD) plan for the property to be annexed and other documents describing the development. These documents have been presented to the Fraser Planning Commission for their review. Although the Town does not have formal PUD regulations, it is proposed that the land use and zoning of the annexation parcel be considered under the guidelines of standard PUD regulations. Under this scenario it allows the developer to master plan the entire - 5 - development under the auspices of the Town's subdivision and planning regulations. The PUD indicates that general plan for the entire development. No changes can be made without the Town's approval. As additional controls for the Town, each phase of the development must be platted in accordance with the applicable building and subdivision regulations. This procedure gives the Planning Commission and Board of Trustees a continual review and approval process throughout the development. Article 6.00 - Withdrawal of Petitions for Annexation 6.01 - The parties understand and agree that the filing by the OWNERS of its Petitions for Annexation is not intended to be an irrevocable act. Rather, the OWNERS, in filing said Petitions, and FRASER, in accepting them, both specifically intend that they are filed and accepted subject to withdrawal by OWNERS at their discretion at any time prior to Town's approval by Ordinance of the Annexation of any part or all of the Property. 6.02 - If the Petitions for Annexation (or any of them) are withdrawn, this Agreement and those Petitions shall become null and void in all respects except for that part of the Agreement obligating.OliNERS to pay all attorney's fees and costs of FRASER. Article 7.00 - Annexation 7.01 - FRASER may proceed_to annex the PROPERTY subject to the terms and conditions of this Memorandum of Agreement. 7.02 - Upon completion of the annexation of Parcel A of the PROPERTY, FRASER shall proceed forthwith to annex Parcel B. 7.03 - Upon completion of the annexation of Parcel B of the PROPERTY, FRASER shall proceed forthwith to annex Parcel C. 7.04 - FRASER may not annex less than all the PROPERTY. 7.05 - All annexations shall be in accordance with the Colorado Municipal Annexation Act of 1965, as amended. 7.06 - Upon the adoption of all Ordinances annexing the PROPERTY, the obligations of both the OWNERS and FRASER, as set forth in this Agreement, shall thenceforth be unconditional. - 6 - Article B.OO - Superior Authority 8.01 - It is agreed that this Agreement does not obviate any legal requirements placed on the OWNERS or any subsequent owner or developer of subject Property, that may affect the subject Property or any development thereof by virtue of any federal, state, regional or county laws, statutes or regulations which jurisdictions have authority over such PROPERTY or development. This paragraph is not intended to acknowledge the existence of such authority by any such governmental agencies but is intended to become operative if such governmental agencies do in fact have requisite authority over the PROPERTY or development. 8.02 - To the extent of any such necessary compliance as described in Paragraph 8.01 above, there will be a condition precedent to the issuance of any building permit, plat approval or other action by FRASER approving any aspect of the development, that such compliance or exemption therefrom be made. The OWNERS agree to such compliance to any such applicable authorities superior to FRASER. However, FRASER shall not require evidence of compliance or exemption for any such statutes, laws or regulations unless there is such requirement in the applicable statute, law or regulation or unless FRASER has been notified by the superior authority that there is a violation or failure to comply with regard to such development. Article 9.00 - Notice of Default 9.01 - If the OWNERS or FRASER shall conclude that the other party had defaulted in the performance of any obligation under this Agreement, including Parts I and II, it shall give written notice to the other party, setting forth with particularity the nature of the default and specifying the applicable portions(s) of this Agreement for which default is claimed. The other party shall have one hundred and twenty (120) days within which to correct such default (or such longer time as may be reasonably necessary, if it cannot be corrected within 120 days) or to commence a court action in Grand County District Court to determine if default has occurred. - 7 - Article 10.00 - Remedies in Event of Default 10.01 - If the OWNERS are in default as described above, FRASER shall not be required to take any action to permit the granting of any building permits, plat approvals or other affirmative activities required of FRASER under this Agreement. Upon correction of any such default by the OWNERS, FRASER shall then grant the pending approvals. 10.02 - Either contemporaneous with, or subsequent to the date of any Notice of Default given by FRASER as provided in Paragraph 10.01 above, FRASER may issue or cause to be issued by the controlling authority, one or more stop orders for the pending construction of any buildings, roads, parking lots or other development activity located on the PROPERTY. Such stop order shall not be issued for minor infractions of this Agreement - but may be issued whenever such defaults adversely affect (or could have the reasonable consequence of affecting) the public health, safety and general welfare of the citizens, residents and visitors of the Town of Fraser. FRASER's determination of this affect shall be final and not subject to review. The OWNERS agree to comply with any such stop orders either until the default is corrected or until the Grand County District Court issues its final order evidencing the lack of such default. 10.03 - If either party shall commence a Court action, as provided in Article 9.00 above, and in such action it is finally determined that one of the parties is in default and the other party is non-defaulting, and further, that the defaulting party is not excused from such default, then the defaulting party shall pay to the non-defaulting party its court costs and reasonable attorney's fees associated with such action. Such obligation shall be evidenced by a judgment duly rendered by the Grand County District Court. This shall be the exclusive remedy for monetary damage - but shall not preclude proper equitable remedies such as mandamus, injunction or declaratory judgments in order to require performance by either party in default or to restrain or prohibit the defaulting action or inaction of the defaulting party. - 8 - 10.04 - Nothing contained in this Agreement shall preclude the parties from pursuing any remedies they have under the statutes or ordinances of the jurisdiction, except that the provisions of Paragraph 9.01 above shall be followed by the parties. Article 11.00 - Assignment 11.01 - The OWNERS may assign their rights and duties here- under in whole or in part to others, who may in turn do likewise, without FRASER's permission. However no such assignment shall re- lease the OWNERS nor the PROPERTY from any Obligations or duties imposed on the OWNERS or the PROPERTY by this Agreement, unless specific release is given by FRASER in writing. FRASER shall not unreasonably withhold a full or partial release of the undersigned OWNERS if such new owners, to whom a full or partial assignment has been made, agree to be personally bound to the terms and conditions of this Pre-Annexation Agreement. Any such assignment permitted herein shall automatically bind the assignee to all of the terms and conditions of this Agreement. Any such assignment shall not, however, be effective on FRASER as a transfer of the rights of the OWNERS to such assignee until written notice of same is delivered to FRASER by both assignor and assignee. Article 12.00 - Jurisdiction 12.01 - Trial Court juris~iction of any court action arising out of this Agreement or by virtue of any action of the O\~ERS or FRASER relating to this PROPERTY and Agreement shall be in Grand County District Court. Article 13.00 - Modification 13.01 - This Agreement cannot be modified or revoked, except in writing, signed by the parties and then OWNERS of the PROPERTY, and specifically referring hereto. Article 14.00 - Time Limits of Agreement. 14.01 - The OWNERS shall submit to FRASER along with Petitions for Annexation, a general building development schedule of time parameters for such development. 14.02 - This Agreement and the General Development Plan attached hereto shall not be effective to bind Fraser more than Ten (10) years after the date of the Annexation Ordinance of -9- ýÿ subject property. If any development is not completed within such period, then no new building permits, plats, subdivisions or other development activity shall be commenced thereafter without compliance with all of Fraser's then existing Subdivision, Zoning Building, and all other applicable Ordinances. No building for which a building permit has been obtained and issued within above specified years (including such appurtenances as parking, roads, signs, etc.) shall become invalid or non-conforming by virtue of the expiration of said time periods, or any extensions granted pursuant to this Article. 14.03 - Notwithstanding the above, FRASER may grant extensions hereof for 2 consecutive two year periods. The OWNERS must approve such extensions prior to termination of the then existing period. Such extensions shall be granted if the OWNERS are substantially progressing with development of the Property and there are no then existing violations of this Agreement or Attachments or Exhibits hereto. 14.04 - Any extensions made as set forth above may apply to less than all of subject property that has not been completed or developed, on the express condition that FRASER must approve any such extensions and on the condition that the property excluded from the extension is not an i~tegral part of the Development Plan so being utilized. FRASER shall have the right to determine if excluded property is integral to the Development Plan. Article 15.00 - Municipal Services 15.01 - FRASER will provide to the PROPERTY and the occupants thereof the same municipal services it provides to other property and occupants within its corporate limits taking into account the public health, safety and welfare of the entire Town and the needs of specific areas and occupants of the Town for different municipal services. Such services shall be provided on a non-descriminatory basis in a manner as equal in quantity and quality to those provided elsewhere within the Fraser corporate limits as the diverse needs of the community dictate. - 10 - ýÿ PART II GENERAL DEVELOPMENT PLAN Attached hereto is a General Development Plan Map (Exhibit depicting the proposed development layout and supportive documents (Exhibits ___) describing various physical aspects and development constraints upon the PROPERTY and methods for mitigating said physical constraints. Article 16.00 - Vehicle Accommodations 16.010 - Streets and Roads 16.011 - The General Development'Plan will depict at least one through street running in a general North/South direction through the PROPERTY connecting the southern limits of the Town of Fraser and County Road Number 72 and having a minimum of a sixty (60) foot right-of-way (ROW) and a thirty two (32) foot paved driving surface. 16.012 - Improvement of County Road Number 72 from Highway 40 to the separated grade railroad crossing to an eighty (80) foot ROWand a forty (40) foot paved driving surface. 16.013 - Due to the traffic impacts of this development upon the Town of Fraser, certain roads within the Town are to be improved, drained prop~rly and paved with hard surface material by the OWNERS as described below: Mill Avenue: between Railroad Avenue and Doc Susie Avenue - improve to 60 foot right-of-way and pave to a 32 foot surface width; Railroad Avenue: between Byers Avenue and Mill Avenue - improve base and pave to a 20 foot surface; Byers Avenue: between Railroad Avenue and Highway 40 - improve to 60 foot right-of-way and pave to a 32 foot surface width; Doc Susie Avenue: between Byers Avenue and Mill Avenue - improve base and pave to a 20 foot surface width. - 11 - ýÿ All street intersections involving one or more above streets shall be paved. All paving of these streets is to be completed either before or at the completion of a minimum of 50% of the planned number of residential units or commercial footprint space as described in the General Development Plan, whichever first occurs. 16.014 - The OWNERS agree to acquire fee ownership (free of liens) of property described as that portion of Byers Avenue between Doc Susie Avenue and H~ghway 40 and Doc Susie Avenue between Byers Avenue and Mill Avenue for transfer to the Town of Fraser and pay any transfer or condemnation costs of the Town as a condition of this Agreement. FRASER agrees to condemn said portion of Byers Avenue and Doc Susie Avenue should transfer by negotiation fail. No building permits shall be issued until such rights of way have been obtained and transferred to the Town of Fraser. 16.015 - FRASER agrees to modify its Traffic Code to make Doc Susie Avenue between Byers Avenue and Mill Avenue, and Railroad Avenue between Mill Avenue and Byers Avenue a one-way system in a clockwise manner; Mill Avenue, Byers Avenue and Railroad Avenue between Byers Avenue and Eisenhower Drive are to remain two-way. 16.016 - All streets and roads shall be adequately lighted for security and safety purposes and shall meet the specifications of the Town of Fraser on the condition that such specifications are applicable to all areas of the Town in a general manner and do not prescribe special requirements for the PROPERTY exclusively. All other local public roads not specifically described herein (meaning all roads to be either dedicated to the public or the Town, or those roads to be used by the general public), shall be paved with asphalt and have a 24 foot surface width. 16.017 - It is a condition to the issuance of building permits that there be roads providing access to all buildings - 12 - ýÿ and that such roads be graded and graveled prior to commencement of construction of any such building for which the roads are so constructed, and maintained to this standard until properly paved as provided in this Agreement. 16.018 - It is a condition to the issuance of any certificate of occupancy that all roads required for access and service, as well as required parking spaces and loading zones, be completed to the Town's specifications and be paved with asphalt. However, if the weather would not permit the paving of all or part of the roads, as described herein, at a time when all other requirements have been met to the issuance of certificates of occupancy, then the certificates shall be so issued if said roads and other areas are graveled and compacted sufficient to allow expected use thereof. Thereafter, when weather permits and in no case later than one year after the initial certificate of occupancy was issued, the areas shall be paved and otherwise completed. It shall be a valid reason to deny later request for building permits on other improvements, that the conditions of this Paragraph have been violated. 16.019 - OWNERS shall convey easements of sufficient size and width for utility purposes, to the Town or other appropriate utility supplier, along all streets, roads and parking and loading areas. 16.020 - Should any private streets, roads, parking and loading areas, or service accesses be deemed not constructed and maintained to Town standards at a future date and should a property owner's association desire that these roads be dedicated to the public, then it is the responsibility of the home or property owner's association to improve said roads and areas to Town specifications before dedication can take place. 16.021 - OWNERS agree to reconstruct the intersection of County Road 72 and Highway 40 to the specifications and recommendations of the County Road Department, the State - 13 - ýÿ Highway Department and any future specifications of the Town of Fraser. 16.030 - Bridges 16.031 - If any bridges need to be constructed on the PROPERTY for public or private ways (such as roads, paths, trails, etc.) these are to be constructed at developer's expense and in full compliance with the dredge and fill laws of local, state and federal jurisdictions. Further, for any vehicular roads or streets, the bridges shall be constructed in accordance with applicable bridge and street specifications of the Town of Fraser applicable thereto at the time of construction. Should no standards be in force and effect in Fraser at the time of construction, then the bridge standards of Grand County will be complied with by Owners. 16.032 - All bridges are to be completed at the time of application for certificates of occupancy aggregating 25% of the residential units permitted to be built in Parcel A pursuant to the Final Plat. 16.040 - Parking and Loading Areas 16.041 - The parking specifications of the Fraser Zoning regulations will be followed with following exception: restaurants or eatin~ and drinking establishments - 1 parking space per 150 square feet of gross floor area. 16.042 - Through traffic shall not be routed through parking areas. 16.043 - Parking areas shall be landscaped, by the time paving has been completed, in order to screen as much as possible such parking areas from contiguous public roads and within the parking areas in order to create an aesthetically pleasing visual impact. Such landscaping shall be designed so as not to hinder snow removal or proper drainage. 16.044 - Parking areas which are built to satisfy the requirements for any residential units shall be located no further than 200 feet from the building housing those residential units. - 14 - 16.045 - All parking areas shall be adequately lighted for security and safety purposes. 16.046 - No parking spaces nor permitted temporary parking shall be allowed on "through" access streets or local streets unless paving in addition to the road and street requirements is made in order to provide paved conventional size parking spaces along such roads. 16.047 - All parking lots shall have vehicular access thereto of two in number of width suf~icient for two lanes of traffic at each access. 16.048 - All parking areas will be paved with hard surface material as per Paragraph 16.018 of this Agreement. Article 17.00 - Utilities 17.010 - Water 17.011 - OWNERS represent to Town that they own sufficient water rights to supply all of the water needs of this development of the PROPERTY. OWNERS understand, and the Town so states, that it is relying on this water availability in order to consent to the annexation of this PROPERTY to the Town. If OWNERS did not have sufficient water for this development, OWNERS under?tand that the Town would neither annex any part or all of the PROPERTY, nor agree to supply and service water needs to any part or all of the PROPERTY. 17.012 - OWNERS have received a quit claim deed from Frank J. Johns for certain water rights described as: An undivided sixty-four percent of the water , )" " available from Elk Creek under Frank J. Johns right, title and interest in and to the water right decreed to Elk Creek Ditch No.2, which structure was awarded 3.125 cubic feet of water per second of time under Appropriation No. 102, date of Appropriation July 23, 1894, decreed on August 11, 1906 by the District Court in - 15 - ýÿ and for the County of Grand, State of Colorado, in the matter of the Adjudication of Rights to the use of water in Water District No. 51 for purpose of irrigation. The point of diversion for such Elk Creek Ditch No. 2 was changed to a new point of diversion by decree of the District Court in and for the County of Grand, State of Colorado, which decree was issued on March 9, 1922, and was recorded at Book 98, Page 494 of the Records of the Clerk and Recorder, Grand County', Colorado; Together with an undivided sixty-four per cent of Frank J. Johns' right, title and interest in and to the Elk Creek Ditch No. 2 and the easements and right-of-way appurtenant thereto. All of said water is appurtenant to that part of Property lying East of County Road 72, together with additional property not included in the Annexation. There are no water rights appurtenant to the PROPERTY located West of County Road 72. 17.013 - Said water rights are not encumbered. 17.014 - OWNERS shall convey to the Town, at the same time as the Annexation of the PROPERTY is approved by the Town, all of the water rights as described in the deed attached hereto as Exhibit B. Such deed shall be in the from attached hereto as Exhibit B. Town shall execute and deliver to OWNERS a Lease of the described water rights contemporaneous with the delivery of the water deed described in 16.015 above. Such Lease shall be in the form attached hereto as Exhibit C. 17.015 - OWNERS hereby guarantee to provide the Town with sufficient water for the needs of all water uses on the - 16 - ýÿ subject PROPERTY [including but not limited to domestic, household, commercial (but not sale or resale of water by any commercial businesses), fire protection, storage, and all other usual, customary and legitimate municipal uses]. The Town shall have the right to use the water so supplied by OWNERS for other water users and property located in the Town - it being contemplated by the parties that the Town shall be initially supplying water needs to subject PROPERTY from water rights the Town now owns, and that at'some time in the future the water owned by OWNERS, as needed for development of subject PROPERTY, shall be utilized and incorporated into the Town water system for general usage by the entire Town. OWNER shall also convey to FRASER sufficient easements (in length and width) in order to enable FRASER to transfer any water being provided by OWNERS from the point of diversion to FRASER'S water system - as FRASER may decide. 17.016 - While OWNERS believe that the water rights as described in Paragraph 17.012 above will be sufficient, when adjudication has been completed in the proper Colorado Courts, to meet the obligations of this Agreement, nevertheless there is no guarantee that thes~ water rights are in fact sufficient. Therefore, if these water rights are determined by a professional water engineer to be insufficient for the density, uses, demands and needs of the proposed development, then OWNERS shall be obligated to acquire and transfer to FRASER sufficient water rights to comply with this obligation. When the water rights as described in 17.012 are adjudicated by final Court order and two independent professional water engineers determine that the water rights are in fact in excess of the density, uses, demands and needs of the proposed development, then FRASER shall convey back to OWNERS such - 17 - excess rights on the condition that FRASER shall have priority usage of all such water rights described in Paragraph 17.012 as adjudicated. 17.017 - OWNERS will install, according to the current specifications, all water mains, manholes, connections, service lines, and other water system equipment as required, at their own expense (without reimbursement from FRASER) from the point within Fraser at which such connections can be made according to FRASER's regulations. Maintenance for any water mains, manholes or other public water'improvements shall be performed by OWNERS for one year after the lines and equipment have been installed and commenced to be used. FRASER shall maintain thereafter only if such lines and equipment have been properly installed and are operating properly. 17.0l8(A) - OWNERS agree to undertake and pay for a plan of augmentation of the subject water rights, and any others that may be required to meet the OWNERS obligations in this Agreement. Such plan shall include all costs associated therewith, including but not limited to engineering, geology, legal services of independent or outside counsel as well as time and expenses of the Fraser Town attorney to the extent of any costs of FRASER direc~ly relating to such augmentation (including legal services and court activities). FRASER shall have the right to approve or disapprove the utilization of particular engineers, geologists, water attorneys and other specialists upon whom the OWNERS and FRASER will be relying for advice in such augmentation. 17.018(B) - Parties agree that FRASER is authorized to contract with the Northwest Colorado Council of Governments (~mCCOG) for use of ~tr. Gerald Dahl as special water attorney to advise FRASER regarding the augmentation. This shall include activities in or out of court, meeting with OWNER, its water engineers, or others, and proceeding with activities furthering the augmentation. Such contract shall be at the initial rate of $35.00 per hour plus out-of-pocket costs. - 18 - Billing will be made by NWCCOG directly to FRASER for which OWNERS shall reimburse FRASER immediately upon receipt by OWNERS of the bill. Any sums past due from OWNERS to FRASER for these legal services or for any other costs or expenses required to be paid by OWNERS to FRASER, shall incur interest at the rate of two per cent (2%) per month, plus reasonable attorney's fees and court costs of collection. 17.0l8(C) - OWNER intends to augment the water rights deeded to the Town along with other water rights it has. OWNER shall be using their own water 'attorney and water engineers. The Town may hire the services of a water engineer to verify any technical opinions rendered by OWNER'S engineers. Costs of such water engineer shall be paid by OWNER in the same manner as the Town Attorney and Special Water Attorney as described elsewhere in this Agreement. 17.019 - FRASER shall not be obligated, and shall have the right, to withhold building permits, subdivision or condominium approvals or preliminary and final plats, if OWNERS are not proceeding with due diligence to complete the said augmentation of all required water rights or the acquisition of additional or different water rights and their proper augmentation. 17.020 - Sewer 17.021 - Owners agree to construct all sewer lines on the PROPERTY and from the PROPERTY to the closest currently constructed sewer line of adequate size within or outside of the Fraser Sanitation District's boundaries and to the District's specifications at OWNER's expense, and to comply with all regulations of the Fraser Sanitation District. 17.022 - OWNERS must present a letter from the Fraser Sanitation District stating its (Sanitation District's) ability to serve with sewer each phase of the development or each subdivision plat and commercial development review. - 19 - 17.030 - Drainage 17.031 - Prior to any construction or final plat approval the OWNERS will develop a general engineered drainage plan for the entire planned development that will show: - general snow storage areas and drainage; - 100 year flood plain analysis and plans to mitigate flood plain problems; - general contour lines at two foot intervals; - erosion and run-off mitigation methods both during and after construction; - water quality preservation plan for Elk Creek and subsequently the Fraser River; - Quantify historical run-off to and from PROPERTY and the mitigation methods for accommodating increased run-off due to development of the PROPERTY. 17.032 - OWNERS will present a specific drainage and snow storage plan at each subdivision plat phase during development of the PROPERTY. 17.033 - OWNERS will comply with any applicable laws of the Town of Fraser, County of Grand, State of Colorado, or the United States of America for the maintenance of water quality and water pollution control. 17.034 - Prior to any construction, OWNERS will move at their expense the drainage ditch, lying immediately south of Mill Avenue, onto the PROPERTY and integrate it into the overall drainage design plan. 17.040 - Buried Utilities 17.041 - Electrical power, telephone and television utility lines will be buried. Article 18.00 - Building Construction and Spacing 18.010 - All buildings within the development shall conform to the building height restrictions applicable for the particular zoning in which the buildings are located, as such zoning may be changed from time to time. - 20 - 18.020 - All buildings shall be constructed to comply with any and all building codes in effect at the time of construction, including, but not limited to the following: a) Uniform Building Code, 1979 Edition; b) Uniform Building Code Standards, 1979 Edition; c) Uniform Mechanical Code, 1979 Edition; d) Uniform Fire Code, 1979 Edition; e) Uniform Fire Code Standards, 1979 Edition; f) Uniform Code for the Abatement of Dangerous Buildings, 1979 Edition; g) Uniform Housing Code, 1979 Edition; h) Colorado Energy Conservation Standards, 1979 Edition; i) Any other Uniform Codes, whether amended hereafter or not, if adopted by the Town of Fraser subsequent to the date of this Agreement, relating to use, placement, construction, repair, insulation and other matters relating to buildings and structures for purposes of protecting the public health, safety and general welfare. 18.030 - Fire protection on the PROPERTY is under the authority of the East Grand Fire Protection District, and OWNER shall consult the District with respect to all building plans upon the PROPERTY and the location and frequency of fire hydrants. Unless exempted by the District in writing, any buildings shall comply with the Uniform Fire Code and its Standards in effect at time of construction. 18.040 - Energy Conservation 18.041 - All buildings shall be located so as to take advantage of any passive or active solar heating as deemed appropriate by the OWNERS in the interest of energy conservation. 18.042 - Commercial areas utilizing open plazas, malls and such other open areas shall be oriented as much as possible to maximize solar heat reception and retention. - 21 - ýÿ 18.043 - The design and location of buildings shall take into account solar access to other buildings, whether located on subject PROPERTY or adjacent properties. 18.050 - Residential/Commercial Construction Ratios 18.051 - Building permits shall not be issued by Fraser for more than 110 residential units until such time as building permits are issued for and construction is substantially complete of at least 20,000 square feet of commercial area, which need not be all footprint area. 18.052 - Notwithstanding the above, the Town shall grant variances to allow additional residential building permits to be issued (in such number as the Town decides) if the OWNER presents an economic study from a professionally qualified person verifying that it is then economically detrimental to the OWNER to construct any part or all of the required commercial space. Economic detriment shall mean an inability to rent or otherwise use the required commercial space so requested to be constructed at a later date. Article 19.00 - Commercial Development Review 19.010 - Development plans of commercial sites and buildings will be reviewed by the Fraser Planning Commission for conformance to elements of this Agreement. Approval of plans by the Commission is required before building permits may be issued. Any commercial development regulations existing at the time of review by the Planning Commission will also apply. 19.020 - Any commercial development plans will be accompanied by a specific landscape plan for a minimum of fifteen per cent (15%) of the open space area provided. Article 20.00 - Fire House, School Lands and Other Donations 20.010 - Fire House OWNER shall designate on any Final Plat a part of the subject property which shall be made available for use as a Fire House by the East Grand Fire Protection District. OWNER agrees to seek the opinion, without having to be bound to conform, of the East Grand Fire Protection District regarding the location, size and other - 22 - physical characteristics of the Fire House. If the East Grand Fire Protection District should fail to make a written decision, within one year after the date of recording of the Plat, that it intends to use the designated area as a Fire House within a stated period of time, and that construction of the Fire House has not started within Nine (9) years after the date of recording of the Final Plat (with completion of construction within One (1) year after having started), then OWNERS shall be able to use such designated area for any other use or purposes not otherwise in conflict with this Agreement - it being the intent not to require such property to be used for a Fire House or other public purpose unless the East Grand Fire Protection District indicates its intent as described above. 20.020 - School Land When application is made for any building permits, or at such time as final plat is submitted for approval of division of land or airspace, the OWNERS, if FRASER has in effect a requirement for property owners subdividing land, shall either deed land or pay funds in lieu of lands, for public school purposes as calculated according to the provision of such Ordinance or requirement. OWNER agrees to comply with such Subdivision requirement even though no such subdivision requirement existed at the time OWNER obtains Pinal Plat approval. Any such donation of land or fees calculated at any particular time for an estimated density, size or other criteria shall not be re-assessed at a later date for that same density, size or other criteria; but such earlier donations shall not constitute a waiver of right to additional donations of land or funds for increased density, increased size or increase in such pertinent criteria upon which the lands or funds donation was computed. OWNERS shall be credited for any fees or lands earlier donated or paid by OWNERS to or on behalf of the applicable School District, and on account of the subject development. 20.030 - Other Donations OWNERS agree to comply with any Ordinances, Regulations or Resolutions regarding the donations, contribution or conveyance of any lands or funds for any purpose as contained in such Ordinances, Regulations or Resolutions only on the express condition that such - 23 - ýÿ matters are of general application in the Town and do not impose their burdens just on the OWNERS project or development as special legislation. This condition shall be met if such matters are included generally in the Subdivision Regulation or Zoning Ordinance. Any specific variances granted by Fraser to any developer shall not entitle OWNER to be exempt therefrom. Article 21.00 - Setbacks 21.010 - The minimum setback of buildings from parking spaces shall be 10 feet but sufficient space shall be provided for access of fire equipment and trucks to the building. 21.020 - There shall not be any setback requirements from fences except that such fences may not lie in areas for which any setback requirements apply. 21.030 - All exterior boundaries shall be landscaped or bermed in order to provide a buffer zone. 21.040 - All structures or other improvements constructed on the PROPERTY shall not be closer than thirty (30) feet to the high water mark of each side of Elk Creek. Such 30 foot area shall be a non-disturbance zone. At such time as a final plat is approved by FRASER for any division of land or airspace, or when a commercial development is reviewed, the OWNERS shall present plans that will not degrade the fishery of Elk_Creek. Article 22.00 - Employee Housing 22.010 - The OWNERS, at time of Commercial Development Review, shall present to FRASER a detailed employee housing and marketing plan and study to assure FRASER of the availability of adequate (as to comfort and cost) employee housing either on or off the PROPERTY for the employees which are expected to be generated by the improvements being constructed, and from the uses intended for such improvements. Article 23.00 - Public Transit 23.010 - The General Development Plan shall designate the accommodation of public transportation (auto and bus) on the PROPERTY. As such time as subdivision plats or commercial developments are reviewed, there shall be included in building location, parking areas, access and service roads a transit design - 24 - in order to enhance the use of such public transportation. All commercial and residential structures shall be provided with covered loading areas for use by public transportation systems. Article 24.00 - Signs 24.010 - All signs shall conform to the applicable Fraser Zoning Ordinance or Sign Codes in effect at time of construction of such signs, with the following requirements being conditions notwithstanding anything to the contrary in such applicable Ordinances: 24.011 - No sign shall be allowed on any roof of any building; 24.012 - If any sign is to be lighted, it shall only be lighted indirectly; 24.013 - There shall not be any mechanical, revolving nor moving signs of any type. 24.020 - The OWNERS agree to provide standard speed and street signs for the public dedicated or deeded streets and roads (except for intersection identifications). The OWNERS also agree to provide and install all other signs, including but not limited to the following: 24.021 - Intersection signs for non-public roads and street identification signs; 24.022 - Emergency lanes and accesses; 24.023 - No parking areas in such areas as emergency zones, loading zones, etc.; 24.024 - Any others as needed for orderly traffic flow. Article 25.00 - Revegetation 25.010 - In order to ameliorate the visual impact of disturbed soils after construction, upon completion of any construction phases when certificates of occupancy may otherwise be issued, OWNERS shall revegetate those disturbed areas with such vegetation as will be compatible with the climate and which will create an aesthetically pleasing visual impact. Article 26.00 - Maintenance of Non-Public Areas 26.010 - The OWNERS agree to provide for the maintenance of all private streets, bridle paths, pedestrian trails, malls, - 25 - sidewalks, private common open space, private recreational facilities, clubhouses, storm water and drainage systems, including detention ponds and detention areas, man-made lakes and ponds, and private rights-of-way in the development, by creating one or more "homeowner's or property associations" or "not-for-profit corporations". The provisions of such homeowner's or property association or corporate charter and by-laws and any covenants used in their enforcement insofar as they relate to such maintenance and means for providing funds therefor, shall be submitted to FRASER with the final plat for each subdivision of land or airspace. Such document shall impose assessments to owners of benefitted property, with lien rights for non-payment of such assessments. 26.020 - It is understood that FRASER shall have the right to enforce all of the provisions of such homeowners association or not-for-profit corporation charter, by-laws and covenants, with respect to such maintenance and that all such documents shall so provide. Said documents shall also provide that FRASER shall have the right to impose assessments and liens for such maintenance costs to the same extent as the homeowner's association or similar entity having maintenance authority. 26.030 - It is further agreed that the homeowners or property association or not-far-profit ~orporation by-laws, charter, articles of incorporation and covenants will specifically provide that the same shall not be amended with respect to assessment and lien rights, or dissolved, without the approval of FRASER. Article 27.00 - General Development Plan Review 27.010 - Besides review and approval of the General Development Plan (GDP) by FRASER, the GDP will also be submitted by the OWNERS to the following agencies and entities for review and comment prior to annexation. Review and comment will be requested to be completed and returned to FRASER within ten (10) days and the OWNERS shall submit evidence of mailing by return receipts, affidavits or comparable evidence: U. S. Soil Conservation Service - 26 - ýÿ Colorado Land Use Commission Colorado State Department of Health Colorado Division of Wildlife Colorado Department of Highways Grand County Department of Planning and Development and Department of Roads East Grand School District East Grand Fire District #1 Fraser Sanitation District Fraser Water Board Mountain Parks Electric Mountain Bell Public Service Company of Colorado Article 28.00 - Conflicting Regulations 28.010 - If any statute, ordinance, regulation or other requirement of any agency having legal jurisdiction over the PROPERTY or development for which the within Agreement has also made requirements, then if such statute, ordinance, regulation or requirement (including those adopted hereafter) is less stringent than that contained herein, then the requirements of this Agreement shall be binding and shall be performed. No such statute, ordinance, regulation or other_ requirement that is more stringent shall be required herein if such is not of general application for all other property of similar or same criteria as subject PROPERTY or development. Article 29.00 - severability 29.010 - If any part of this Agreement shall be held unenforceable by a Court of competent juriSdiction, or if any initiative election cause the invalidation of any Ordinance, Resolution or other action of FRASER adopted with regard to this Agreement, the PROPERTY or development thereof, then FRASER shall have the right to disannex the PROPERTY from the Town boundaries and to that extent the OWNERS shall cooperate in such disannexation. 29.020 - If FRASER does not take the disannexation action described in Paragraph 29.010 above at such reasonable time after - 27 - ýÿ the right to disannex so arises, then such unenforceability of any portion of this Agreement, Ordinances, Resolutions or other actions of FRASER with respect to this Agreement and development shall not affect the enforceability of the remaining portions hereof. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures this ~ day of (cfi/1b, v , 1981. OWNERS OF THE REAL PROPERTY DESCRIBED HEREIN, WHICH IS THE SUBJECT OF THE REQUEST FOR ANNEXATION d:/~E^d~~ DONALD N.' DRAKE Post Office Box 2 Winter Park, Colorado 80482 Subscribed to and sworn to before me this ~ day of IJ~~~ , 1981 by Donald N. Drake. /'~ r;i?!Ey ~bl~~~~ My Commission Expires: J/-cQtJ -8~ .d, Address: ~~~ / / ~IY?'J 121/ (":;a....-r.b (!,., p P' ~.,;L Subscribed to and sworn to bed7~is ~ day of , 1981 by Walter L. Meyer. \ L4-;a: JAMES H. GIBSON . 1913 Pawnee Drive Fort Collins, Colorado 80521 ~ ~]) " :.-vJ t), C~A~ o ary Public My Commission Expires: 1/-.;2o-g~ d Address: ,j ~ ::J./ --. u/~il'.h'- ?~tP& f'dl'.f~ Subscribed to and sworn to be~re me this ~ day of V{':fj4k ' 1981 by James H. Glbson. 1/ NO)1ary PubllC My Commission Expires: II-C),:; -g~..:l Address: \L/4-.:J- Lv ~ /;j (iJ.uk t!o tet f/fe?- - 28 - ýÿ FRASER THE TO\VN OF FRASER, COLORADO, acting by and through its Board of Trustees By: .f! M.~ OAtfJ {I .la r;'vt cu.d Mayor ATTE~ .[!jUt'! [0ift,L Town Clerk STATE OF COLORADO ss: COUNTY OF GRAND ~gf(g attested to by V1rg1n1a Colorado, acting by and instrument was acknowledged before , 1981, by Richard A. Leonard, Winter, Town Clerk, of the Town of through its Board of Trustees. me on Mayor, and Fraser, Witness my hand and offi 'al seal. My Commissi Address: (8 E A L) - 29 - ýÿ STATE OF COLORADO ) COUNTY OF ~(i/Y) L l ss: The foregoing Special Warranty Deed was acknowledged before me this :J 9 day of (()('f/)htA) , 1981 by Donald N. Drake, Walter L. Meyer and James H. Gibson. Witness my hand and official seal. My commission expires II -do - ,fL/ /: C7 ~11~~ NO~ P,ublic ( Address: jJ~;;J (1-JI1'mfi,A/ (.--)o.AJ (J/) (;7(/ t/J?~ ~ (5 E .r>.. L) - 2 -