HomeMy Public PortalAboutTBP 2023-08-02COLORADO ",
Board of Trustees
Regular Meeting Agenda
Fraser Town Hall, 153 Fraser Avenue and Virtually
Wednesday August 2, 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. Roll Call
2. Approval Of Agenda
3. Consent Agenda
a. Minutes July 19, 2023
Documents:
IBM 2023 0'7-19.IFldt
S g;girr On Sheet lly 19, 202;3.g='dg`
b. Resolution 2023-08-02 Browns Hill Booster Pump
Documents:
E,?4,S0 llutiorn 2023-08.02 F3rowrrws II--N ii ll ll Boo:iJer Ilu rnp.pdt
Staff Memo Browns I0IIIII Booster IF V,Jrnlp.lpdt
23-02;3 Browns 11--l il ll ll Service C u.se te.lpdf
4. Open Forum
a. Business not on the agenda (If you would like to request time on a future
agenda please contact the Town Clerk)
5. KFFR Annual Update And Thank You - Ryan KFFR
Documents:
IF: i:: IFS. FpQiff
KIFFIR.AININUAL REPOR. .pdff
6. Discussion And Possible Action Regarding
a. Mill Apartments Quarterly Service Fees - Michael And Clark
Lipscomb
Documents:
(m.araer°�. Park And Cornerstone Fees.pdf
Fka'wsr labor 20`TI'7-05.02 Autlhorihzhrn:' Out Of To rh rvihces (Byers Peak.
Propiearlfies.pdff
b. Resolution 2023-08-01 Appointment Town Treasurer - Antoinette
Documents:
F rw sollutilon 2023-08.01 Appointrnent n t rc rasurer.pdff
c. Authorized Users Update For Town Accounts - Antoinette
7. Updates
a. Short Term Rental Update - Leslie
Documents:
Short Term Ftienliall V.Jpdualfa' 1Presentuatdon.Ipdff
b. Colorado Municipal League Annual Conference Update - Trustees
8. Adjourn
UPCOMING MEETING
WEDNESDAY, AUGUST 16.2023 BOARD OF TRUSTEES
Board
Staff
Direct: Define the service, product or value
to be delivered
Lead: Future focused planning
Protect: Establish the operational
boundaries to be respected by Staff and
monitored by the Board
Manage: Now focused policy and procedural
guidance to ensure on time, on budget, and on
target service delivery
Enable: Advocacy, resource development,
Accomplish: Ensure the work defined by the
and role discipline I 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: July 19, 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; Marketing
Manager, Sarah Wieck; 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 Soles seconded the motion to approve the agenda.
Motion carried: 7-0.
3. Consent Agenda:
a) Minutes June 21, 2023
b) Resolution 2023-07-01 Kona Ice Facility Agreement
c) Resolution 2023-07-02 Grand Fishing License Agreement
d) Resolution 2023-07-04 Authorizing Contract With HRS Water Consultants Inc.
For The Installation And Analysis Of Well Test Holes
e) Resolution 2023-07-08 Surety Reduction For Koselig On Main
Trustee Cerkvenik moved, and Trustee Quinn seconded the motion to approve the
amended consent agenda moving Resolution 2023-07-01 Kona Ice Facility Agreement
to discussion item a and Resolution 2023-07-02 Grand Fishing License Agreement to
discussion item b. Motion carried: 7-0.
4. Open Forum:
5. Discussion and Possible Action:
a) Resolution 2023-07-01 Kona Ice Facility Agreement
Trustee Soles moved, and Trustee Gregory seconded the motion to approve Resolution
2023-07-01 Kona Ice Facility Agreement Motion carried: 7-0.
b) Resolution 2023-07-02 Grand Fishing License Agreement
Page 2 of 3
Trustee Soles moved, and Trustee Quinn seconded the motion to approve Resolution
2023-07-02 Grand Fishing License Agreement Motion carried: 7-0.
c) Winter Park Film Festival Funding Request
Trustee Waldow moved, to approve $5,000 funding. No second, Motion failed. Trustee
Quinn moved, and Trustee Cerkvenik seconded the motion to approve $10,000 for the
funding request for the Winter Park Film Festival Motion carried: 6-1, Nay Waldow.
d) Resolution 2023-07-03 Approving Final Plats and Final Planned Development
Plan for Elk Creek Condos Planning Area 4w.1
Will Charles, Baseline presented. Layla Rosario and Clark Lipscomb presented as the
applicants and answered questions.
Trustee Soles moved, and Trustee Fisher seconded the motion to approve Resolution
2023-07-03 Approving Final Plats and Final Planned Development Plan for Elk Creek
Condos Planning Area 4w.1 Motion carried: 7-0.
e) Treasurer's Report
Rob Clemens Finance Director presented to the Board.
f) Resolution 2023-07-05 Grant Application for Affordable Housing, Board Priorities
and Infrastructure
Trustee Cerkvenik moved, and Trustee Waldow seconded the motion to approve
Resolution 2023-07-05 Grant Application for Affordable Housing, Board Priorities And
Infrastructure. Motion carried: 7-0.
g) Resolution 2023-07-06 DOLA Grant Authorization
Trustee Cerkvenik moved, and Trustee Quinn seconded the motion to approve
Resolution 2023-07-06 DOLA Grant Authorization. Motion carried: 7-0.
h) Resolution 2023-07-09 Fraser Rebranding and Wayfinding Project
Trustee Cerkvenik moved, and Trustee Quinn seconded the motion to approve
Resolution 2023-07-09 Fraser Rebranding and Wayfinding Project. Motion carried: 7-0.
Trustee Cerkvenik volunteered to sit on the committee.
i) Riverwalk Mixed Use Overlay District and Business District Precedence
The Board will further discuss creating a new zone and removing the Riverwalk Mixed
use Overlay District via an Ordinance.
Trustee Soles moved, and Trustee Quinn seconded the motion to allow a conditional
use permit application for 814 Byers Avenue. Motion carried 5-2, Nay Trustees Gregory
and Cerkvenik.
Page 3 of 3
The application will be processed according to the municipal code.
j)
Mountain Parks Electric Director Election Runoff
The Board voted for Joe Smyth in a vote of 4-3, Smyth: Trustees Waldow, Cerkvenik,
Soles, Quinn. Zorn: Trustees Gregory, Fisher and Mayor Vandernail.
6. Liquor And Beer Licensing Authority
a) Public Hearing and Possible Action
ai) Tin Cup Tavern Liquor License Renewal
Trustee Quinn moved, and Trustee Cerkvenik seconded the motion to accept the
materials in the packet. Motion carried 7-0.
Town Attorney Whitmer opened public hearing. Town Clerk McVeigh swore in the applicant
Brandon Jung and witnesses Stanford Todd and Lindsey, Brandon's wife.
Brandon Jung gave testimony and answered questions.
Mayor Vandernail closed public hearing.
aii) Resolution 2023-07-07 Fraser Tap Room Dba Tin Cup Tavern Liquor
License Renewal
Trustee Lewis moved, and Trustee Soles seconded the motion to approve Resolution
2023-07-07 Fraser Tap Room Dba Tin Cup Tavern Liquor License Renewal with the
following conditions:
1. Approval by the Colorado Department of Revenue of the State liquor license
application.
2. Proof of Responsible Alcohol Vendor Training of all employees within three
months.
3. Probation period of three months.
4. Limit hours of operation to close at midnight.
Motion carried: 7-0.
The Board approved the renewal with a probationary period of three months. The applicant will
appear before the Board in three months, October 2023. If there are any violations during the
probationary period, there will be a show cause hearing before the Municipal Judge.
7. Updates
a) Byers Avenue Waterline Replacement, Sewer Bore and Lions Ponds Bathrooms
8. Adjourn:
Trustee Soles moved, and Trustee Cerkvenik seconded the motion to adjourn. Motion
carried: 7-0. Meeting adjourned at 10:25 p.m.
Antoinette McVeigh, Town Clerk
TOWN BO ARD REGULAR MEETING
REGISTR ATION SHEET
JULY 19, 2023
The Public Forum is an opportunity f or the p ublic to prese nt their c oncerns and recommendati ons regarding Town G overnment iss ues to
the To wn Board. Tho se wishing to address the T own Board will be allowed a three -minute prese nt atio n. A maximum of six (6) pe ople will
be allo wed to address the Town Board at each P ublic F or um . If a t opic that y ou wish to discuss has been scheduled for a f ormal Town
Board Meeting, we wo uld ask that you reserve your remarks for that specific date a nd time. T opics that are in litigatio n with the Town will i
no t be he ard during this fo ru m. All presenters are urged t o: (1) state the c oncern; and (2) list possible s ol utions. Please keep the
follo wing gu idelines in mind:
Remarks that discriminate against anyone or ad versely reflect up on the race, c olor, ancestry, religi ous creed, nati onal origin, p olitical
affiliatio n, disability, sex, or marital status of any person are out of order a nd may end the speaker's privilege to address the Board.
Defamatory or abusive remarks or pro fanity are o ut of order and will not be t olerated .
Anyo ne atte nding To wn Board meetings mu st sign in to ensure accurate rec ords and minutes . Sign y our name, address, and email on
the sign in sheet. Thank you for your coo peratio n.
NAME
PHYSICAL ADDRESS
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PHYSICAL ADDRESS
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TOWN OF FRASER
RESOLUTION NO. 2023-08-02
AUTHORIZING A CONTRACT TO PURCHASE AND INSTALL THE CONTROLS AND
STARTER BUCKET FOR THE NEW BOOSTER PUMP
WHEREAS, Fraser is the owner of the North Water Treatment Facility with a max day
demand over 400 gallons per minute;
WHEREAS, Fraser's North Water Treatment Facility currently has pumping capacity of
276 gallons per minute when one booster pump is offline;
WHEREAS, max water demand exceeds the pumping capacity when one pump is
offline;
WHEREAS, Fraser's water treatment capacity must maintain sufficient redundancy for
maintenance activities;
WHEREAS, the Town has approved the installation of a new booster pump for the North
Water Treatment Plant;
WHEREAS, the new booster pump requires a starter bucket and controls to integrate
with the treatment process;
WHEREAS, Fraser's 2023 annual budget (50-40-460) anticipate routine maintenance
and repair activities;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO THE FOLLOWING:
1. Authorize the Town Manager to sign the contract with Browns Hill
Engineering & Controls LLC for the installation of the control systems and
starter bucket for the new booster pump at the North Water Treatment Plant
not to exceed $16,164.
2. Funds will be drawn from Engineering Fees (50-40-330) and reimbursement
with funds from the ARPA.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS
DAY OF May 2023.
Votes in favor: BOARD OF TRUSTEES OF THE
Votes opposed: TOWN OF FRASER, COLORADO
Abstained: BY:
Mayor
ATTEST:
(S E A L)
Town Clerk
7
COLORADO
MEMO TO: Mayor Vandernail and the Board of Trustees
FROM: Lucus C. Seffens, Utilities Superintendent
DATE: August 2, 2023
SUBJECT: Controls Installation for New Booster Pump
010114
440
SUBJECT: Authorize the Town Manager to sign the contract with Browns Hill
Engineering & Controls LLC for the installation of the control systems and starter bucket
for the new booster pump at the North Water Treatment Plant.
DEPARTMENT: Public Works
PRESENTER/PREPARER: Lucus C. Seffens, Water Utilities Superintendent
FISCAL INFORMATION:
Cost as Recommended: $16,164
Funds: This project will exceed the budgeted funds for 50-40-330 Engineering Fees.
Any overage due to well and water system expansion will be covered through
remaining funds from the American Rescue Plan Act
New Appropriation Required: No
REQUESTED ACTON: Authorize the Town Manager to sign the contract with Browns
Hill Engineering & Controls LLC for the installation of the control systems and starter
bucket for the new booster pump at the North Water Treatment Plant and expend funds
from Engineering Fees (50-40-330) to be reimbursed using funds from the ARPA not to
exceed $16,164.
v.1,51N,I,AJ frasercA;)c)racimoo 1::w ' II
SUMMARY AND BACKGROUND OF SUBJECT MATTER: The water consumption in
the Town has been outpacing actual population growth in the last two years. This is
partially due to the increase in remote workers during and after the pandemic. To
mitigate this pandemic impact, I recommend the use of the available funds from the
American Rescue Plan Act to expand the water production capacity of the North Water
System.
The safe yield production capacity of the North Water Treatment Plant falls below
the max day demand. Water demand has been exceeding production capacity when
one booster pump is offline. To solve this shortfall, an additional booster pump has
been approved and is scheduled to be installed later this year to increase water
production capacity. This pump will requires control system work and integration with
the PLC and SCADA systems.
Scope of Work:
Parts and Labor
10% Contingency
$14,694
$1,470
Total $16,164
STAFF RECOMMENDATION: Approve Resolution 2023-08-02 Browns Hill Booster
Pump.
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BROWNS HILL
ENGINEERING &CONTROLS
8130 Shaffer Parkway, Unit A
Littleton, CO 80127
PHONE: 720-344-7771
FAX: 720-344-7460
Service Quote
Client: Fraser Water
Browns Hill Job #: 23-023 SQ02
Project: Blue Zone WTP High Service Pump Date: July 10, 2023
Subject: Browns Hill Engineering & Controls, LLC herein proposes to furnish instrumentation,
control systems and electrical equipment specifically listed in the following "Scope of
Work."
Scope of Work:
Blue Zone WTP High Service Pump
- Utilize Existing Space in MCC for New Starter Bucket
- Provide New MCC Bucket with Starter and Control Wiring for 30 HP High Service Pump
- Utilize Existing Spare Power Monitor Contact for Pump Run Permissive
- Provide/Install Additional Clearwell Low -Low Level Relay for Pump Run Permissive
- Utilize Existing PLC Spare I/O
- Provide Wiring Diagram for High Service Pump MCC Bucket
- Program PLC, OIT and HMI for New High Service Pump
- Start-up and Testing
Exclusions: The following items are specifically excluded from this scope of work:
- All costs associated with cutting, patching and painting
- High Service Motor and Pump
- Pump Control Valve with Solenoids and Limit Switch
- All Field Wiring and Conduit
Browns Hill Engineering & Controls, LLC agrees to perform all work described
per this proposal for the following lump sum price.
Proposal lump sum cost
$14,694 and no/100 dollars
This proposal is valid for 30 days and subject to revision after that time.
We appreciate the opportunity to provide this proposal and should you
have any questions please contact the undersigned at 720-344-7771.
Sincerely,
Pohl Vet
John Walker, Client Manager
Browns Hill Engineering & Controls, LLC
Customer Approval:
Signature:
Name:
Date:
Page 1
Dear Town of Fraser,
am writing on behalf of Fraser Valley Community Media, KFFR 88.3FM, and the Board of Directors to
thank you for supporting community radio in Grand County. The Town of Fraser provided $15,000 in
2023, and this funding has played a crucial role in sustaining and growing the capabilities of our
organization. Please take a moment to look through the beautiful faces and accomplishments listed in
our annual report,
As of July 2023, FVCM has built on the success of the past year. During our most recent membership
drive, we added an additional 26 Evergreen Members donating on a monthly basis. In total, KFFR has
over 300 current members who support the station in a population area that has roughly 2,500 residents.
KFFR is also continuing to receive support from the business community. At this time last year,
underwriting revenue was $17,250, while underwriting revenue through July, 2023 is $27,150. Clearly
community support is increasing at a significant rate, and it is a foundation that will allow us to move
forward with several exciting projects that further establishes our organization as a community hub for
Grand County. Within the next two years our goals include:
1. Expanding our broadcast using a new frequency at 89.1 FM that will be used to reach the entire
county and increase our listenership to 15,000 residents.
2. Building a student radio station in the local high school that
their ideas and have a voice in the county.
3, Partnering with local nonprofits and government entities to use our radio signal as a source of
reliable information and access to important community services.
4. Present news and local information that will represent all cultural groups in the county.
further empower youth to express
Your grant is helping us achieve our goals and expand our capabilities at a rapid rate. On behalf of
everyone at Fraser Valley Community Media, please accept our sincere gratitude for this funding. If any
further discussion is needed in regards to this matter, please do not hesitate to contact me at (970)
726-5337 or ryan[ckffr,worfj,, and I will get back to you as quickly as possible, I look forward to sending you
positive reports on our progress,
Yours sincerely,
Ryan Wilson, Executive Director
Fraser Valley Media Board of Directors:
President, Denis Moynihan
Vice President, Joanna Goodman
1/4
Secretary, Matthew Bauer
Treasurer,Jennifer Gold
N)Ayect
Board Member, Robyn Wilson
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2022 HIGLIGHTS
UPGRADES IN TECHNOLOGY
PROJECT
[OPERATION STUDIO ]
TOO LS
NE\\/ SAS DIGITAL AUDIO BOARD
BUDGET
$15:000-
GOAL
Upgrade technology for the best radio broadcast
possible.
CLIENT
(KFFR]
broadca st e quipme nt in 2022. We also upgrade d ou r
Studio Transmitte r Link (STL` to pro vide more uptime
and a better sounding signal. This invo lved mo ving our
transmitter to the top of Fischers Restaurant and posi-
tio ning the to we r re ce ive r to link toge ther. In 2023 we
are working with builders in downtown Fraser to build a
permanent steal beam that we can attach to and prov ide
an almo st pe rfe ct line of sight. This will pre vent dro ps in
the broadcast. We also upgrade d our online stre aming
to alley / unlimited simultaneous listerne rs at the fractio n
of the co st.
14,594
online
Listeners
87%
STL
Connection
go%
KFFR moved into a ne w studio with state-of-the-art uptime
since July
71%% 49%
Between Women
40-69 List en ers
62% 23 %
Listened to liste n to
KFFR stay
4-6 years connected
REMOTE BROADCASTS
PROJECT
IKFFR OUTREACH]
TOO LS
REMOTE BROADCAST
NUM BER OF REMOTES IN 2023
7 - Troubleso me Fest: Art in the Park, M otet, Granby Ranch. 3 Local
businesses.
GOAL
Establish partnership with Blues Society and KFFR. Using remote
broadcast ge ar KFFR fe ature d the yo uth stage at Blue s fro m the
To p. Following the day e vent, KFFR hosted a Live show at the KFFR
studios with Todd Park Mohr
CLIENT
Non -Profit organizations in Grand County.
When KFFR broadcast the yo uth stage at BLues from the Top,
everything changed. This project introduced the capability of
re mo te bro adcasts on KFFR at 88.3FM. The succe ss of this first
show has increased ou r reach thro ugho ut the co unty. `X'e have now
worked with a dozen no n -profits an d are contin uing to foster theses
re lations.
Co mplimenting the remote bro adcast, the same equipment has
given KFFR the ability to host live shows in the studio, and re cord
sets for archiving and submission to the KFFR music library,
COMMUNITY RADIO = LOCAL DJS
PROJECT
IKFFR DJ Training]
TOOLS
Sound Board Time = Great Programming
NUM BER OF ACTIVE DJS
28
GOAL
Train the sound of Grand Co unty.
CLIENT
IKFFR DJs]
KFFR provide s co mmunity acce ss to the lo cal airwave s.
Our pro gramming is hosted by local.v otu ntee r announc-
ers who serve the community through bro adcasting. In
addition to sharing their passio n fo r music with Grand
County the y bro adcast vital local information including
weather, events: ski conditions, road conditions, inter-
views, public affairs: and breaking news. KFFR gives
voice to a broad se gme nt of locats voices fro m kids to
seniors.
YOUTH ENGAGEMENT
PROJECT
IYouth Internships and Yo uth Radio ]
TOOLS
Time Sound Board
FUNDING
Board of Co unty Co mmissione rs and Grand Foundation
GOAL
Giving youth a voice on the radio in prime time empo wers
young peo ple and makes them feet heard and appreciate d.
PARTNER
(East Grand School District]
KFFR engage s with lo cat stude nts from e te mentary scho ol
to high school. Our student interns have learned a myriad
of skills like editing and listening ,which helps them prepare
fo r the future . Our youth go live on the air with musicat
exploration, interviews white the y learn important life skilts.
Our audience gets to listen in on what is important to young
peo ple. In 2023 there are plans to host a yo uth fo rum, there
are opportunities for expansion at the ne w GTE building at
Middle Park High Schoo l, and we will wo rk with middle school
and ele mentary age d yo uth to cre ate health and human
service PSAs.
"My internship at KFFR has opened a d oor to s omething I never th ought ab out trying . Being an
inte rn at KFFR is a lot of f un and is a v ery unique opportunity Having a love of musi c, I was always
interested in radio but never th ought of trying it myself. KFFR gave me an opp ortunity to just go
and p ursue s omething new that 1 h ad no idea if 1 w ould enj oy or be any g ood at . I h ope to c ontin ue
to be p art of the community radio st ation here in Grand County even after myint ernshi "
PARTNERSHIPS
PROJECT
(Partnerships in Programming)
TOOLS
DJ Time, Organizatio n, Underwriting
BUDGET
S200o
GOAL
Support local non -profits and establish partnerships
CLIENT
ILocal No n -Profits]
Local non -profits depend on KFFR to help get the word
out on their eve nts and activities. KFFR pro vides a co n-
nection to internationat news by airing De mocracy Now
every weekday morning. KFFR also probes the corners
of the county by bro adcasting live from fe stivals: fo-
rums: busine sse s and more. KFFR also highlights lo cal
and regional musicians live on the listening room stage
and through in -studio performances. The wee kly com-
munity cale ndar kee ps locals info rme d of activities from
Kremmting to Berthod Pass.
Community and municipat financiat support and business
sponsorships have botstered our capabilities with remote
broadcast e quipme nt: a pro fe ssio nal broadcast studio
and live sound equipme nt.
non -pr ofits
A
Live rem otes
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MEMO TO:
FROM:
DATE:
SUBJECT:
11111 1111 1111
Mayor Vandernail and the Board of Trustees
Michael Brack, Town Manager
August 2, 2023
Grand Park & Cornerstone Fees
MATTER BEFORE BOARD:
This memorandum provides some basic information regarding fees and other dues owed to the
Town of Fraser to allow the Board of Trustees to make an informed decision regarding the
consideration of discounting or waiving quarterly utility service fees.
BACKGROUND:
When considering waiving fees and Town revenues in accordance with the Out of Town Service
Agreement for what is referred to as Byers Peak Ranch, it's important to evaluate other fees
owed to the Town from the developer to make an informed decision.
The current request, in addition to other fees outstanding, are related to the Town's standard
charge for all new development for quarterly utility service fees which help ensure provisions are
made in order to provide water and sewer service for newly constructed buildings and is a part
of the revenue stream that supports water and sewer maintenance, new infrastructure
installation, and building up of enterprise fund reserves.
The Out -of -Town Water Service Agreement, executed May 23, 2017, indicates:
3. Water Service Fees. Developer and other future owners of the Property shall pay Fraser's
water service fees at a rate equal to 1.1 times the in -town water service fee rate charged
generally by Fraser on a quarterly or other periodic basis and governed by the Code. If water
service fees are not timely paid, Developer agrees that Fraser may use any means under its
Code or other state or local law, including discontinuing service to the individual connection, to
enforce timely payments. Without limiting the generality of the foregoing. Fraser shall have the
right to certify delinquent service fees and related charges to the County Treasurer for the
collection in the same manner as taxes, pursuant to C.R.S. 31-20-105. Developer agrees to
include such details in any property owner association covenants.
To date, the Town has applied the 1.1 rate to the base construction service fees to the Mill Ave
Apart.
Utility fees that are more than six months delinquent can be certified to the County each year to
be collected as a Special Assessment Tax (C.R.S. 31-20-105). This has happened for Market
Street, Mill Ave, and individual Grand Park properties. Non -Grand Park properties have also
been certified to the County.
Other fees owed to the Town are listed as follows:
Market Street Buildings Use Tax for Building Materials: $48,417 that was waived per the expired
Economic Incentive Agreement that now requires those waived costs to be reimbursed back to
the Town.
Market Street Buildings Quarterly Utility Service Fees: $5,752.20 that have been billed to the
developer without payment from 2018-2022. These quarterly utility service fees are billed for all
developments following the issuance of a building permit at one-third the normal rate for regular
quarterly service fees per the Fraser Town Code. These quarterly service fees are calculated off
of each market street building using a standard commercial plant investment fee for water and
sewer which equals a total of two Single Family Equivalents (SFEs) for water and two SFEs for
sewer service.
Grand Park still owes about $114,229 in development review fees for costs associated with
Whitmer Law Firm, Baseline and Merrick Engineering. While the developer has recently
committed to providing the requested list of discrepancies for the billing, the Town has yet to
receive these itemized discrepancies that were requested over two months ago.
Cornerstone Development owes $44,006.31 in quarterly utility service fees charged since 2021
for the Mill Apartments in Byers Peak Ranch. Since no payment has been received since 2021,
per Fraser Town Code, late fees and other fees associated with no payment have resulted in a
total lien on the property in the amount of $57,208.20.
Total Amount Owed by Grand Park and Cornerstone Development to the Town of Fraser:
Market Street Buildings Use Tax for Building Materials:
Market Street Buildings Quarterly Utility Service Fees:
Market Building payment for 2021 service Fees:
Grand Park Development Review Fees:
Mill Ave Apartments Quarterly Service Fees:
$223,282.48
$ 48,417.00
$ 5,752.20
($ 2,323.72)
$114,229.00
$ 57.208.20
RECOMMENDATION: The Mill Ave Apartments is still working towards meeting its
requirements for the 9% Low Income Housing Tax Credit which requires specific construction
milestones and high levels of occupancy before it executes a land use agreement that solidifies
the property to be used as an affordable housing development for several. The development
has had its fair share of challenges due to COVID-19 and building economics, and the Mill
Apartments, if successfully established as a low-income housing project would demonstrate
tremendous value to the community. However, consideration of waiving fees related to water
and sewer enterprise funds should be carefully evaluated as it impacts maintenance and future
installation of the Town's infrastructure. Additionally, it is recommended to wait to see if the
property successfully fulfills its requirements as a low-income housing project and does not
default to a market rate product before providing such fee waivers.
TOWN OF FRASER
RESOLUTION 2017-05-02
A RESOLUTION AUTHORIZING THE MAYOR AND TOWN CLERK TO EXECUTE AN OUT OF
TOWN SERVICE AGREEMENT WITH BYERS PEAK PROPERTIES
BE IT HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
The Mayor and Town Clerk is hereby authorized to execute the attached out of town service
agreement subject to the following:
a. Town Attorney approval
b. In regards to the dedication of Planning Area 6W, the Board of Trustees finds and
determines that such conveyance is a division which creates parcels for community
facilities and may be approved via separate resolution and an exemption plat is not
needed.
c. The Out of Town Service Agreement must be executed with in ten days or this
Resolution will be null and void.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS
t DAY OF YY1 2017.
Votes in favor:
Votes opposed: ca
Absent:
Abstained:
BOARD TRUSTEES OF THE
TOW FRASER, COLORADO
BY:
May
ATTEST:
RECEPTION#: 2017004241, 06/05/2017 at
01:57:24 PM,
1 OF 15, R $83.00 , Additional Names
Fee: Doc Code:AGR
Sara L. Rosene, Grand County Clerk,
Colorado
TOWN OF FRASER
WATER & WASTEWATER SERVICE AGREEMENT
BYERS PEAK PROPERTIES, LLC; BYERS PEAK DOWNHILL PROPERTIES, LLC;
C. CLARK LIPSCOMB and MEREDITH C. LIPSCOMB
The parties to this Water and Wastewater Service Agreement (this "Agreement")
are the TOWN OF FRASER, COLORADO, a municipal corporation of the State of
Colorado ("Fraser" or "Town"), and BYERS PEAK PROPERTIES, LLC, a Colorado
limited liability company, BYERS PEAK DOWNHILL PROPERTIES, LLC, a Colorado
limited liability company, and C. CLARK LIPSCOMB and MEREDITH C. LIPSCOMB
(collectively "Developer").
RECITALS
A. Fraser is a municipal corporation existing under the laws of the State of
Colorado. Developer is comprised of two limited liability companies organized
and existing under the laws of the State of Colorado and two individuals;
B. Developer owns property it intends to develop, referred generally as Byers Peak Ranch
and the Lipscomb property, more specifically described in Exhibit A (referred to herein
as "the Property"). Developer intends to develop 1,233 Single Family Equivalent units
("SFE") for the Property, which is located outside the "Town's current boundaries; and
C. The Town is authorized to provide water and wastewater service outside the Town's
corporate boundaries pursuant to Colorado law, C:'.R.S.§ 31-35-402 (2013), C.R.S. § 31-
35-512 (2013), and the Town currently provides out-of-town water and wastewater
service; and
D. The Fraser Board of Trustees has had the opportunity to review with Town Staff and
legal counsel the proposed extension of water and wastewater services to the Property,
and the Board finds that this Agreement with Developer for out-of-town water and
wastewater service is in the best interest of the Town; and
E. Developer plans to develop the Property in several phases, by recording of successive
final plats, and this Agreement will apply to the extension of all water and wastewater
service to such approved plats; and
The water and wastewater service for the Property will require the design, planning,
permitting, construction, and installation of water and wastewater lines to be built at
Developer's cost to connect the Property to Eraser's water and wastewater infrastructure;
and
G. The Town agrees to provide Developer water and wastewater utility service pursuant to
the terms of the Fraser Municipal Code ("Code") and pursuant to the terms and
conditions specifically outlined in this agreement; and
Out -of -Town Water Service Agreement
Town of Fraser and Byers Peak Properties, et al.
Page 2 of 12
This Agreement shall become effective upon adoption of a Resolution by the Fraser
Board of Trustees approving its execution and upon execution hereof by the appropriate
Fraser official and by authorized agents of the Developer. The date of the latest of such
conditions to occur is referred to as the "Effective Date".
NOW THEREFORE, for and in consideration of the premises, mutual promises and covenants
herein contained, and for the other consideration offered and accepted, the receipt and adequacy
of which is hereby acknowledged, the Town and Developer agree as follows:
POTABLE WATER SERVICE
1. Water Service. Upon approval of this Agreement, the Town agrees to provide treated
municipal water service to Developer for its approved final plat developments on the Property
subject to the conditions set forth in this Agreement, the Code, and all other applicable laws,
rules and regulations under local, state and federal law. While the Developer anticipates
planning multiple phases, in total the final development will not exceed 1,233 SFE. Unless
otherwise approved by Fraser in writing, and under cost recovery provisions noted below, such
water service shall be limited to use by Developer on the Property.
Demand. Limit and Town Capacity. The Town agrees to provide Developer sufficient
water per SFE, to meet Developer's water demands for up to 1,233 SFEs, as such supply
is described by the Code. Fraser's Water Rights are reasonably adequate to support
the potable municipal water service for existing town users, future development
and the SFEs on the Property, subject to terms and conditions set forth herein.
Except as otherwise provided herein, Fraser shall he responsible for all
applicable implementation, operation and accounting requirements necessary to
serve the Property with sufficient water as provided by the Code.
2. Water Plant Investment Fees. Developer and other future owners of the Property shall pay
Fraser's water plant investment fees at a rate equal to the in -town water plant investment fee rate
charged by Fraser for in -town property owners and governed by the Code at the time of
connection. The water plant investment fee shall be paid in full per SFE prior to the issuance of
a building permit by the County. Each water plant investment fee must be paid in full prior to
Fraser delivering water to the SFE at issue. The Developer agrees that its County approvals shall
include a requirement that a landowner demonstrate a paid Plant Investment Fee in Fraser prior
to the County accepting a landowner's building permit application for County review unless the
landowner has an alternative means of providing water service for the building permit in
question in accordance with Section 9 hereof.
3. Water Service Fees. Developer and other future owners of the Property shall pay Fraser's
water service fees at a rate equal to 1 .1 times the in -town water service fee rate charged generally
by Fraser on a quarterly or other periodic basis and governed by the Code. If water service fees
are not timely paid, Developer agrees that Fraser may use any means under its Code or other
state or local law, including discontinuing service to the individual connection, to enforce timely
payments. Without limiting the generality of the foregoing, Fraser shall have the right to certify
Out -of -Town Water Service Agreement
Town of Fraser and Byers Peak Properties, et al.
Page 3 of 12
delinquent service fees and related charges to the County Treasurer for collection in the same
manner as taxes, pursuant to C.R.S. 31-20-105. Developer agrees to include such details in any
property owner association covenants.
4. Raw Water Irrigation. Developer may install, at Developer's sole cost and expense, a
non -potable irrigation system to irrigate all areas on the Property. No Fraser water or water
connections shall be used for such raw water irrigation. However, water supply for fire hydrants
and public drinking fountains may be made in compliance with the Code. Irrigation with
Fraser's potable water shall be limited as required under the Code, and this restriction shall be
noted by Developer in any property owner association covenants.
5. Future Water Right Cases. The Developer agrees not to oppose any water rights
application filed by Fraser for the purpose of findings of reasonable diligence, making absolute
Fraser's conditional water rights inventory. In addition, Fraser agrees that it will not file
opposition to future diligence cases or cases to make conditional water rights absolute for
conditional water rights owned by Developer. Developer shall not pursue an independent water
system except as provided in Section 9, below.
WASTEWATER SERVICE
6. Wastewater Service. Upon approval of this Agreement, Fraser will provide
municipal wastewater/sanitary sewer service to the Property to serve final plats adopted
by Grand. County, up to a maximum of 1,233 SFE, subject to the terms and conditions
set forth herein and the applicable provisions of the Code.
7. Wastewater Plant Investment Fees. Developer and other future owners of the Property
shall pay Fraser's sanitary sewer plant investment fees (also referred to as wastewater plant
investment fees) at a rate equal to the in -town sanitary sewer plant investment fee rate charged
generally by Fraser and governed by the Code for in -town waste water users at the time of
connection. The wastewater plant investment fee shall be paid in full per SFF prior to the
issuance of a building permit by the County. Each wastewater plant investment fee must be paid
in full prior to Fraser connecting its sewer service to the SFE at issue. The Developer agrees that.
its County approvals shall include a requirement that a landowner demonstrate a paid Plant
investment Fee in Fraser prior to the County accepting a landowner's building permit application
for County review unless the landowner has an alternative means of providing sewer service for
the building permit in question in accordance with Section 9 hereof.
8. Wastewater Service Fees. Developer and other future owners of the Property shall pay
Fraser's sanitary sewer service fees (also referred to as wastewater service fees) at a rate equal to
1.1 times the in -town sanitary sewer service fee rate charged by Fraser on a quarterly or other
periodic basis and governed by the Code. If wastewater service fees are not timely paid,
Developer agrees that Fraser may use any means under its Code or other state or local law,
including discontinuing service to the individual connection, to enforce timely payments.
Without Iimitin.g the generality of the foregoing, Fraser shall have the right to certify delinquent
service fees and related charges to the County Treasurer for collection in the same manner as
Out -of -Town Water Service Agreement
Town of Fraser and Byers Peak Properties, et al.
Page 4 of 12
taxes, pursuant to C.R.S. 31-20-105.
owner association covenants.
v
per agrees to include such details in any property
TERMS APPLICABLE TO BOTH WATER AND WASTEWATER SERVICE
9. Alternative Water and Sewer Service. Developer agrees that the Fraser water and
wastewater services to be provided under the terms of this Agreement will be utilized for all or
substantially all of the future development on the Property, provided that Developer may elect to
have certain large -lot development served by wells and septic systems, in accordance with Grand
County requirements, where it would be unfeasible or uneconomical to use Fraser's central water
and wastewater services. If any such large -lot development is proposed, Fraser will be provided
the proposed preliminary and final plats, including any plans for wells and septic systems, and
Fraser may consult with the Developer and Grand County regarding such plans, but Fraser shall
not oppose or withhold Fraser's approval of such plans unreasonably. It is further agreed that.
nothing contained herein shall require Developer to discontinue use of any alternative water
and/or sewer facilities serving any part of the Property as of the effective date of this Agreement,
and Developer shall only develop the municipal and domestic water sources for which water
rights and approvals are being sought in Case Nos. 14CW3097 and 14CW3098 in the event
Fraser is unwilling, unable, or is in breach of its obligations to provide potable municipal water
service under Section 1, above.
10. Mill Levy Equivalent Surcharge. As provided in the Code, if Fraser subsequently imposes
a property tax mill levy for water and/or sewer improvements or operations, a surcharge shall be
added to the water and/or wastewater service tees payable pursuant to this Agreement to account
for such mill levy. The surcharge will be in an amount determined by the Fraser Board of
Trustees, and certified and communicated in writing to the Property Owners not less than 90
days prior to enacting such surcharge. Fraser agrees that such surcharge shall not exceed the
same or approximately the same amounts as a Fraser resident would pay if the Property was
subject to such mill levy and shall only apply to property being served by Fraser.
11. Fraser Plant Investment and Service Fee Allocations. Notwithstanding the foregoing,
Fraser may adjust the total combined water and sewer plant investment fee and/or service fees to
disproportionately allocate more of the fee to its water fund or sewer fund so long as the
aggregate fee of the combined water and sewer fees does not exceed the rates set forth above.
12. Review of Plans. I,)eveloper agrees that all subdivision plats and plans submitted to the
County for the Property shall also be submitted to Fraser for review and comment, as to water
and wastewater connections to the municipal systems. Developer agrees to reimburse Fraser for
all costs, including consultant fees, incurred for review of the design plans for water and
wastewater facilities submitted pursuant to Section 13 hereof, and for inspections of facilities
constructed pursuant to such plans and designs. Payment of such reimbursement shall be due
within thirty (30) days after billing by Fraser.
Out -of -Town Water Service Agreement
Town of Fraser and Byers Peak Properties, et al.
Page 5 of 12
1.3. Connection to Fraser's Water and Wastewater Facilities.
a. Design for Connection. Developer shall provide design and engineering information for
the water main line connections and/or wastewater main line connections and all related
facilities and easements to Fraser not less than 60 days prior to construction for Fraser's
approval by not later than the 60 day period, which shall not be unreasonably withheld,
provided that connections shall be made at locations that will minimize the immediate
and foreseeable costs to Fraser. Such designs and plans shall be in compliance with the
Grand County development approvals. The parties agree that all design and construction
shall also be in compliance with Town water and sanitary sewer standards and sizes and
installation requirements, as governed by the Code and Town regulations. Developer
shall be required to execute an improvement agreement in the form customarily used by
Fraser for subdivision development, with security as provided by the Code for the water
and sanitary sewer improvements on or before the final plat recording for any final plat.
Developer may commence construction of water lines and wastewater lines upon
approval of the construction plans by Eraser's engineer. There shall be no connection
made to Fraser's then existing system until the required easements for such lines are
secured and demonstrated to Fraser (and compliance with other terms of this Agreement
and requirements of the Code).
b. Connection Costs. Developer shall be solely responsible for all costs, materials, labor
and fees required to construct water main lines on and off the Property including, if
necessary to serve the demands of Developer, any upsizing to connect to Fraser's water
main lines, and for constructing wastewater main lines on and off the Property including,
if necessary to serve the demands of Developer, any upsizing to connect to Fraser's
wastewater main lines, including Town inspection charges. The Plant Investment Fees,
referenced above, constitute Fraser's revenue source for all other off -site water and
wastewater infrastructure that may be needed to provide water and wastewater service to
the Property, including but not limited to, additional capacity, wells, water treatment.
plants, water storage, and water tanks.
On -Site Improvements; Inspections and Fees. Ieveloper shall install all water and
wastewater main lines, service lines and stub -outs, meters and necessary improvements
and facilities upon the Property at its sole cost and expense, including provision of all
insurance, without any reimbursement from the Town. Such water and wastewater
service lines and connections, including water metering, shall be subject to all
requirements of the Code and other regulations generally applicable in Fraser, including
but not limited to required inspections and requirements for installation and testing of
backflow prevention devices.
d. Easements. All required easements for water and wastewater lines, both on -site and off -
site of the Property required to serve the Property shall be obtained by Developer, and
proof of such easements shall be provided to Fraser prior to connecting such lines to
Fraser's then existing system. Such easement agreements shall be in the customary and
Out -of -Town Water Service Agreement
Town of Fraser and Byers Peak Properties, et al.
Page 6 of 12
usual form required by Fraser for water and wastewater service lines and infrastructure,
and shall be obtained and finalized at Developer's sole cost.
Ownership. The requirements of the Code for preliminary acceptance by Fraser of any
water main lines, wastewater main lines, or other required improvements shall be met
prior to Fraser providing service to any of the lines or required improvements. Developer
shall convey all water and wastewater main lines, related infrastructure and easements as
required by the Code, upon approved preliminary acceptance of such lines.
i. Outside Connections. Developer agrees that it will not allow any water or wastewater
users, other than landowners within the approved County final plats for the Property,
to access any water or wastewater main lines, any water or wastewater improvements,
or service without written consent from the Town. If users that are outside of the
Property seek to connect to the lines, they will either be required to enter an out of
town service agreement with Fraser, or annex to the Town, with such option at
Fraser's sole election. To the extent the Town determines that other users may
connect to the Developer's water service or wastewater service lines, Developer is not
obligated to provide any additional easements and shall be entitled to cost recovery
based upon pro rata usage or some other equitable forniula as agreed to by the parties,
in accordance with the provisions of Section 15 hereof.
14. Infrastructure Construction, Conveyance and Warranty. Developer agrees to conform
to the development standards in the applicable provisions of the Code with regard to
infrastructure construction and acceptance related to water and wastewater service. For
a period of one year after dedication and acceptance of all of the required improvements to the
Town, which approval shall not be unreasonably withheld, Developer shall warrant the
construction, installation and survivability of the required improvements to the standards
required by the Code. At Developer's sole cost and expense, Developer agrees to make all
needed and necessary repairs and replacements required for Code compliance, including but not
limited to, defective materials, design or workmanship, breach of contract, failure to abide by
approved plans or standards, but not associated with ordinary and normal wear and tear.
Developer agrees that notice of completion, all inspections and warranty notice timing shall be as
dictated by the Code and Fraser's regulations.
15. Developer is only responsible for costs associated with on -site water and wastewater main
lines that are reasonably required to service the Property. If Fraser requests that the water or
wastewater main lines be constructed by Developer with extensions or excess capacity to serve
property not within the Property, Fraser shall notify the Developer in writing. The parties shall
enter into a supplemental written agreement to confirm the details and the additional costs of the
proposed extension or excess capacity and the terms of reimbursement of the additional costs to
Developer by Fraser or the other property to be served. Fraser agrees it shall not extend lines
paid for by Developer to another property without such supplemental written agreement in place.
Developer shall be entitled to reimbursement for on -site water and wastewater infrastructure and
easements pursuant to such a supplemental agreement.
Out -of -Town Water Service Agreement
Town of Fraser and Byers Peak Properties, et al.
Page 7 of 12
16. Annexation, Termination.. In the event all or any portion of the Property is subsequently
annexed to the Town, this Agreement shall be deemed terminated as to any annexed property and
such property shall thereafter be subject to the provisions of the Code with respect to the
provision of municipal water and sewer service, including the rates payable for such service.
17. No Guarantee of Quality, Quantity or Pressure. The Town's agreement to provide water
and wastewater service pursuant to this Agreement does not constitute a guarantee that such.
service will be of a certain quality or that it will not be subject to periodic interruption due to
natural or other causes beyond Fraser's control. Fraser shall not be liable for any such conditions
affecting the water or wastewater service hereunder, except as provided by and to the extent
allowed under the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et sey. or any
successor statute.
18. Enforcement and Application of "I owt C"7ode. Time is of tl e essence hereof. The parties
recognize and agree that the Town has the nforce its rules, policies, regulations, Code
provisions for the extension and use of Fraser's potable water and Fraser wastewater collection
and treatment for any units served by Fraser's potable water and Fraser's wastewater system.
Without limiting the foregoing, Developer agrees that the Town may also enforce any violation
of the Town's rules, policies, regulations, ordinances, or Code provisions relating to the water
and wastewater service and the terms of this Agreement by mandatory or prohibitory injunction
or specific performance as allowed by Colorado law. The Town agrees that. Developer may
similarly enforce the terms of this Agreement as allowed by Colorado law. The parties agree
that no term hereof shall be materially amended, changed or frustrated by any subsequent change
in the Town. Code.
19. Public Utility Status. The parties agree that for purposes of this out-of-town service, the
Town is not a public utility for water and wastewater service compelled to serve other properties,
or subject to review by Colorado's Public Utility Commission.. To the extent allowed by law,
Developer agrees that neither it, nor its successors in interest or assigns shall at any time petition.
the Colorado courts, the Board of County Commissioners of Grand County, the Town, or the
Public Utilities Commission or any other governmental entities to require service to any property
or to acquire jurisdiction over the water treatment and distribution systems or wastewater
collection and treatment systems of the Town.
20. No Waiver. Failure of a party hereto to exercise any right hereunder shall not be deemed
a waiver of any such right and shall not affect the right of such party to exercise at some future
time said right or any other right. it may have hereunder.
21. Notices. All notices required to be given shall be deemed given upon deposit in the
United States mail, first class postage prepaid, properly addressed to the person or entity to
whom directed at the address shown herein, or at such other address as shall be given by notice
pursuant to this paragraph:
n of Fraser: With copy to:
er'1"own Manager Rodney R. McGowan, Esq.
Out -c. Town Water Service Agreement
Town of Fraser and Byers Peak Properties, et al.
Page 8 of 12
1 .(). Box 370
1.53 Fraser Avenue
Fraser, CO 80442
Developer:
Byers Peak Properties, LL,C
Byers Peak Downhill. Properties, LJLC
C. Clark. Lipscomb & Meredith. C. Lipscomb
P.O. Box 30
Winter Park, CO 80482
Attn: Clark Lipscomb
clark(d cstoneholdings.corn
Cazier & McGowan
P.O. Box 500
Granby, CO 80446
rod(gJ,mcgowan-pc. com
With copy to:
Kevin L. Patrick, Esq.
Patrick Millers Noto P.C.
229 Midland Avenue
Basalt, CO 81621
patrick@ waterlaw. com
22. Force Majeure. No party shall be held liable for a failure to perform hereunder due to
wars, strikes, acts of God, natural disasters, floods, drought or other similar occurrences outside
of the control of that party.
23. Severability. If any provision of this Agreement shall be or become invalid or
unenforceable, the remainder of the provisions of this Agreement shall not be affected thereby,
and each and every provision shall be enforceable to the fullest extent permitted by law.
24. Amendment. Except as expressly provided for herein to the contrary, this Water and
Wastewater Service Agreement may not be amended, except by subsequent written agreement of
the parties.
25. Indemnity. Developer shall indemnify and hold the Town harmless from any liability for
events or occurrences arising from the Town entering this Agreement and/or providing water or
wastewater service to Developer, except where such liability arises due to the negligence or
willful misconduct of the Town. To the extent permitted by law, the Town shall indemnify and
hold Developer harmless form any liability for events or occurrences arising from the Developer
entering this Agreement and/or providing water or wastewater service to the Property, except
where such liability arises due to the negligent or willful misconduct of the Developer. Nothing
contained herein, however, shall constitute or result in any waiver or diminishment of and
defense or limitation available to the Town under the Colorado Governmental immunity Act or
other applicable law.
2(i. Attorney Fees. In the event of any litigation between the Town and Developer relating to
this Agreement, the court shall award to the prevailing party all reasonable costs incurred in.
connection with such litigation, including attorney fees.
27. Subject to Annual Appropriation. This Agreement is not intended to create a debt or
other multiple -fiscal year financial obligation of Fraser, and any financial obligations of Fraser
hereunder are subject to annual appropriation in accordance with Article X, § 20 of the Colorado
Constitution and other Colorado law.
Out -of -Town Water Service Agreement
Town of Fraser and Byers Peak. Properties, et al.
Page 9 of 12
28. Other Commrtments.
........ ...................
a. Upon execution of this Agreement, Developer agrees to cause its affiliate,
Cornerstone Winter Park holdings, 1.,L,C, to abandon and promptly (within 60
days) file a written withdrawal of its application with the Town for a permit to
construct a wastewater treatment plant on the property described as Lot 2, Meyer
Subdivision, and. Cornerstone and Town shall direct their respective counsel to
file a Stipulation of Dismissal With Prejudice in Grand County district Court Case
No. 2015 CV 30126, with each party to pay their own costs and attorney fees.
b. Within 60 days after execution af' this Agreement, Developer shall cause its
affiliates, Cornerstone Winter Park Holdings, I:,LC and/or Grand Park.
Development I.1.C, to execute and deliver to Fraser a good and sufficient special
warranty deed conveying a parcel containing approximately four 4 acres, known
as Planning Area 6W, as described in the Grand Park Planned Development
District Plan recorded on November 8, 2005 in the real property records of the
Clerk and Recorder of Grand County as Reception No. 2005-012709, as amended,
and as provided in the Amended and Restated Annexation Agreement for the
Rendezvous Property, dated June 4, 2003 and recorded December 30, 2003 at
Reception No. 2003-016733, as amended.
Failure of Developer to satisfy these comm
Fraser to terminate this Agreement, by written notice to Developer.
ents within the time allowed shall be grounds for
29. Contractual Obligations. Each of the Developer entities agrees to be jointly and severally
obligated under this Agreement to fulfill the responsibilities, obligations and provisions agreed
upon by Developer, including without. limitation those provisions relating to default and the
remedies and cures associated with the same.
30. Assignment. This agreement shall not be assigned by Developer without the written
consent of Fraser, and Developer agrees that such consent may be withheld in the event Fraser
determines in its reasonable discretion that the proposed successor or assign does not have
financial capacity to perform the obligations of Developer herein.
31. Entire Agreement. This agreement constitutes the entire agreement between the parties
with respect hereto and supersedes all prior written and oral agreements and representations of
the parties.
32. Authorization. By executing this agreement, the parties acknowledge and represent to
one another that all procedures necessary to contract and execute this agreement have been
performed and that the person(s) signing for each party have been duly authorized to do so and to
bind said party to the terms and conditions hereof.
Out -of -Town Water Service Agreement
Town of Fraser and Byers Peak Properties, et al.
Page 10 of 12
33. Execution. This Agreement may be executed in multiple parts as originals or by email or
facsimile copies of executed originals; provided however, if executed and evidence of execution
is made by electronic copy, then an original shall be provided to the other party(ies) within seven
days of receipt of said electronic copy.
34. Recording; Binding Effect, This Agreement shall be recorded in the real property records
of the Clerk and Recorder of Grand County, Colorado, and shall constitute constructive notice of
this Agreement and all of its individual provisions. The provisions of this Agreement shall
constitute covenants and servitudes which shall burden and run with the land comprising the
Property and the burdens and benefits hereof shall bind and inure to the benefit of all estates and
interests in the Property and all assigns and successors in interest to the parties hereto; provided,
however, that the rights and remedies granted to the Developer hereunder shall be limited to the
Developer and its permitted assigns, and such rights and remedies shall not be available to any
future purchaser of a lot or parcel included in the Property that is provided water and/or
wastewater service hereunder.
IN WITNESS
above written.
ATT ST:
Antoinette McVe
EREOF-, the parties have set their hand and official seals the day and year first
STATE OF COL,ORAT
) SS.
COUNTY OF GRANT;)
TO (.)F I LASER, COLORADO
By:
Subscribed and sworn to before me thi
Philip Vandernail, as Mayor, and by Antoinette McVeig
Colorado.
'hili.p Van.dernail, Mayor
153 Fraser Avenue
P 0. Box 370
Fraser, CO 81637
Witness my hand and official seal.
My Commission expires: R
day of 1 ' , 2017, by
Town Clerk he Town of Fraser,
i
ANTOINETTE MCVEIGH
Notary Public - State of Colorado
Notary ID 20174004888 `
My Commission Expires Feb 1, 2021
•-----viso- --'ow
— —�
Out-of-"t"own Water Service Agreement
Town of Fraser and Byers Peak Properties„ et al.
Page 11 of 12
STATE OF C OR.ADC)
) SS.
COUNTY OF GRAND
C. Clark Lipscomb, President
As Authorized Agent for and on behalf of
Byers Peak Properties, LLC.;
BYERS
PR(..
C. Clark. Lipsc rlb, Preside (
As Author Agent foy'an.d on behalf of
Byers s C LC
ARK L.,1 P SVS
CO1vIB
MER:II:)ITH C. LIPSCC
%i
Subscribed and sworn to before me this,, day of ,r ,r , 2017, by C.
Clark Lipscomb as authorized agent for and on behalf to>f Byers Peak I? operties, LL,C and Byers
Peak Downhill Properties, L.I..C.
f,.
Witness my hand and official seal.
My Commission expires: a,?.
Notary Public /
41
`SAN j,, K;OE' lEKl:
NOTARY PUBLIC
"TATEE OF a:OLoRAPo
NOTARY PID 20 ,W540064413
w mdativ rr nm^^auwwwmmm fjR, Y
�r�
Out -of -Town Water Service Agreement
Town of Fraser and Byers Peak Properties, et al.
Page 12 of 12
STATE OF COL,ORADO )
) SS.
COUNTY OF GRAND
Subscribed and sworn to before me this
Clark Lipscomb and Meredith. Lipscomb, individuals
Witness my hand and official seal.
My Commission expires:
Notary Public/
'HBO .
NOTARY P"UBLII�pr;
STATEN
OF co.. 4'":RAd:DO
ROTA. V''ND2 9X40 4t3
ISO044 [XN'"puNES V N-.:NFt kANY tt4, 2
WmW siord`fta 'V I " IVUVIVM
day of
2017, by C.
Exhibit A.
PROPERTY DESCRIPTION — BYERS PEAK RANCH
A parcel of land, being (:government Lot 3, (]overnment Lot 4 EXCEPT the Westerly 440
feet thereof, and a portion of the south 1/2 of Section 1.9, and the N 1 /2N E? 1 /4 of Section
30, all in Township 1 South, Range 75 West of the 6th P.M., Grand County, Colorado,
more particularly described as follows:
BEGINNING at the Southeast Corner of said Section 19 and the Northeast Corner of said
Section 30, a 3" iron pipe with a 3-'/z" brass cap stamped USGLO 1933;
Thence South 00°34'13" East along the easterly line of said Section 30 a distance of
1,317.29 feet to the North Sixteenth Corner of Section 29 and said Section 30,
whence a leaning 2" iron pipe 1 foot above ground with a 2-'/z" brass cap stamped
"LS# 12479" bears North 31°28'41" East 0.51 feet, also whence the East Quarter
Corner of said Section 30, a found 2-'/z" brass cap stamped "USGLO 1933" bears
South 00°34'1.3" East a distance of 1,317.29 feet;
Thence North 89°55'10"
)" West along the North Sixteenth line of said Section 30 a
distance of 2,629.96 feet to the North -Center Sixteenth Corner of' said Section 30,
a set #5 re -bar with a 3-'/4" aluminum cap stamped "LS #24669", whence the
Center Quarter Corner of said Section 30, a found #6 aluminum rod with a 2-'/z"
brass cap stamped "DWI) LS #16398, 2001" bears South 00°56'13" East a
distance of 1,330.77 feet;
Thence North 00°56'13" West along the North -South Centerline of said Section 30 a
distance of 1,330.77 feet to the South Quarter Corner of said Section 19, a set #6
re -bar with a 3-'/4" aluminum cap stamped "LS #24669" re-established per
monument record sheet ties prepared by Thomas M. Carpenter, LS# 16398, dated
8/30/1996;
Thence South 89'22'12" West along the southerly line of said Section 19 a distance of
2,181.82 feet to a set #5 re -bar with a plastic cap stamped "LS 24669", whence a
1-V2" aluminum, cap stamped "LS# 11415" bears North 52'17'06" East 1.63 feet,
also whence the Southwest Corner of said Section 1.9 bears South 89°22'12" West
a distance of 440.00 feet to a found 2" galvanized pipe with a 2-'/Z" brass cap
stamped "USGLO 1933";
Thence North 00014'02" West a distance of` 1,322.19 feet to a found 1-'/" aluminum cap
stamped "LS# 11415";
Thence North _54°59'49" East a distance of 1,167.79 feet;
Thence North 00°09'11." West a distance of 684.98 feet to the northerly right of way line
of CR-73 as recorded in Book 95, Page 184;
Thence North 89°50'49" East along said right of way a distance of 1,296.54 feet to the
westerly Corporate Limit of th.e Town of Fraser;
Thence South 00014'50" East along said Corporate Limit a distance of 29.94 feet;
Thence North 89°48'07" East along said East-West Centerline of Section 19 a distance of
1,303.12 feet to a set #5 re -bar with a plastic cap stamped "LS 24669" on the
westerly right of way line of the Union Pacific Railroad, whence the East Quarter
Corner of said Section 19, a found 2" pipe in concrete with a 2-%z" aluminum cap,
bears North 89°48'07" East a distance of 1,266.48 feet;
Thence along said right of way the following three (3) courses:
1. South 14°40'05" East a distance of 989.32 feet to a point of curvature, a set
#5 re -bar with a plastic cap stamped "LS 24669";
Exhibit A
2. Along the arc of a curve to the left having a central angle of 59°21'29", a
radius of 81.6.78 feet and an arc length of 846.18 feet (chord bears South
44°20'50" East, 808.84 feet), a set #5 re -bar with a plastic cap stamped "LS
24669";
3. South 74°01'34" East a distance crf 415.27 feet to a point on the easterly right
of way line of CR-72 as recorded in Book 105, Page 278;
Thence leaving said Union Pacific Railroad right of way South 04°38'38" West and along
said easterly right of way line of CR-72 a distance of 98.01 feet;
Thence North 89°38'52" West leaving said easterly right of way a distance of 40.1 1 feet
to the westerly right of way line of said CR-72;
Thence North 04°38'38" 'East along said westerly right of way line a distance of 97.13
feet to a point of non -tangent curvature on the southerly right of way line of
Fraser Valley Parkway (GR-721) as recorded in Book 450, Page 480;
Thence leaving said westerly right of way and along said southerly right of way and
along the arc of a curve to the right having a central angle of 49°28'57", a radius
of 244.97 feet, and an arc length of 211.56 feet (chord bears South 65°35'58"
West, 205.05 feet);
Thence South 00°20' 10" West leaving said southerly right of way a distance of 11.01
feet;
Thence North 89°38'52" West a distance of 618.10 feet;
Thence South 00°06'05" East a distance of 900.00 feet to a set #5 re -bar with a plastic cap
stamped "LS 24669", whence a found 2-'/2" iron pipe bears North 25°31'29"
West a distance of 5.46 feet;
Thence South 89°37'46" East along the southerly line of said Section 19 a distance of
899.54 feet to the POINT OF BEGINNING.
Containing 12,868,892 square feet, or 295.429 acres, more or less.
PROPERTY DESCRIPTION — LIPSCOMB PROPERTY
A parcel of land, being a portion of the south % of Section 19 in Township 1 South,
Range 75 West of the 6th P.M., Grand County, Colorado, more particularly described as
follows:
BEGINNING at the West Quarter corner of said Section 19,
Thence North 89°50'49" East along the East-West centerline of said Section 19 a
distance of 1,400.23 feet;
Thence South 00"09'11" East a distance of 654.98 feet;
Thence South 54°59'49" West a distance of 1,167.79 feet to a point on the South
Sixteenth line of said Section 19;
Thence South 89°36'_54" West along said South Sixteenth line a distance of 440.00 feet
to the South. Sixteenth corner of said Section 19;
Thence North 00° 14'04" West along the westerly line of said Section 19 a distance of
1,324.08 feet to the POINT OF BEGINNING.
Containing 1,530,896 square feet or 35.1.4.5 acres, more or less.
2
CLARA A MEREDITH UPSCO MB
AREAA35.#a5 ACRES
BYERS PEAK PROPERTIES, LLC
AR EA =2€✓J.429 ACRES
DAVID EVANS 8 ASSOCIATES, INC.
BIERS PEAK DCRI NT.LlLi.
PROPERTIES . LLC
AREA .15 AaTES
TOWN OF FRASER
RESOLUTION NO. 2023-08-01
A RESOLUTION CONFIRMING APPOINTMENT OF THE
TOWN TREASURER
WHEREAS, The current Finance Director and Town Treasurer Rob Clemens resigned
and Lorraine Waters is the new Finance Director.
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT: The following officer is hereby appointed, without bond, to serve until the
next regular election of the Board of Trustees and until their respective successors are
appointed and qualify:
Town Treasurer: Lorraine Waters
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 2nd Day OF AUGUST 2023.
Votes in favor:
Votes opposed:
Abstained:
Absent:
(S E A L)
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Mayor
ATTEST:
Town Clerk
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ie Crittenden
J
Ja n
Feb
March
I
May
Jume
Judy
Aug
Sept
Oct
TAI IK4
STRu 1-NIA
TAI Sales Tai Rev 4%
2019
2020
2°21
2022
$3_,590
$43,445
544 .17
566.037
SM766
525.740
539,930
542239
5-34.3a3
583 ,273
534-959
512,01 1
552,731
576 640
571991
513,379
510426
529,430
511697
524-5'1
511157
54;775
530,039
519 453
525-555
5'4, 939
555,325
547,654
55-5.4`
52 ,086
z
569,5la
5- &0 365
522;021
541,08'
536.90
546 .7
52E211
$42,775
539,164
540 204
520, 050
532,656
539,394
53E115
571389
5LL,- 2
538,726
542152
543625
556,827
580.E
542,052
53 59
5351,371
5554151
5595,237
1_ 13% 14 1_
33,322_,621 53,66;437 54 260,345 54,153.90_ 5z55]
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STR Management
In August 2022, the Board approved a $150 per bedroom fee in addition to the $150
application/admin fee. This fee increase took effect on Octob er 1, 2022 . Subsequently, the
Bo ard a lso approved a dditional increases of the per bedroom fee for October 2023 ($250)
and October 2024 ($350).
Currently (a s of 7/25) there a re 282 short-term rent als of which 163 are self -man aged with the
remaining 119 mana ged by pro perty management c omp anies.
Self -mana ged properties pa y the annua l $40 STR Operating License (business license)
557 active listings across 6 known renta l platforms
Airbnb, VRBO, Marriott Homes, Bo oking. com, Flipkey, and Cr aigslist
M
2
1
0
0
0
0
0
0
US 40
» : 2 mmmdRental Size
James Peak
Protection
Area
Admin Dashboard 2021 -Present
Jul 2023 Jul 2023 Jul 2023 Jul 2022 FY $ PY Ala
Paid Pending Total Total V aria nc e Variance
Busin ess Lice nse Fee 1.340 ., 1 343 020 _20 45 .7 .35
Bu siness Licens e Pen alty 132 ., 103 ,. _ .. _4
STR A pplication Fee 3,000 - _ 0 3,150 ,. 3:150 0,0 0,,-.
STR Permit Fee 9,000 300 2,400 5.930 207 .5.-
03 :320 450 t3 :970 3 .320 10:550 320 .8%
h€v Tota l= - Yea r over Year
5, 000
--M 2021 2022
2021 2022
■ STR Permit - STR App Fee STR Per Bed
Moving Forward
Current cost of 3 -
bedro om STR: $150
(application fee) +
$450 (permit) = $600
Fee increase, October
1st, for a 3 -bedr oom
STR: $150
( application f ee) +
$750 (permit) = $900