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HomeMy Public PortalAboutTBP 2011-09-21 BOARD OF TRUSTEES REGULAR MEETING AGENDA WEDNESDAY,SEPTEMBER 21,2011 FRASER TOWN HALL Members of the Board may have dinner together @ 5:30 p.m. -Fraser Town Hall 1.Workshop– 6:00Winter Park Ranchline sharing agreement 2. Regular Meeting - 7:00Roll Call 3.Approval of Agenda 4.Consent Agenda a)Minutes –September 7, 2011 5.Open Forum a)Business not on the agenda 6.Updates a)Grand County Commissioners b)Grand County Rural Health Network 7.Public Hearing 8.Discussion and Possible Action Regarding a)Resolution 2011-09-02 Elizabeth Kurtak Gallery,Art Gallery Liquor License b)Winter Park Ranch Water &SanitationDistrictrequest for a new easement c)Resolution 2011-09-03 pursuingimplementation oftrafficsignal at First Street in Grand Park d)Cleanup Program 9.Community Reports 10.Staff Reports 11.Other Business Upcoming Meetings: Wed.September 28,2011Planning Commission Wed.October 5, 2011Board of Trustees Posted September 15, 2011 Lu Berger Ô« Þ»®¹»®ô ̱©² Ý´»®µ Town Board Briefing September 21, 2011 We’ll begin this meeting with a workshop discussion regarding a proposed line sharing agreement with Winter Park Water and Sanitation District. The Grand County Commissioners will be attending the meeting for their annual update. This may be a good time to ask them about County participation in the Loyalty Card Program, Transit Funding, and other matters of concern… We’ll also have an update from Grand County Rural Health Network; see enclosed materials in your packet. See the Clerk’s briefing for background information regarding the Art Gallery Liquor License. Enclosed in the packet is a request from Winter Park Ranch for a new easement for the water intake for their Augmentation Ponds (the Lions Ponds). This would replace the existing easement and ditch/pipe and would free up our opportunities for the area south of the ponds. Formal action is not being requested at this time. Resolution 2011-09-03 is provided for your consideration to clarify the consensus of the Town Board from the last meeting, and to provide clarification to CDOT as work begins on this access permit.The first step towards application for an access permit involves submittal of trip generation methodology and studies, after approval of these an access permit application may be submitted. We anticipate seeking approval to submit the access permit later this year. Finally, see the Cleanup Program memo for an outline of some outstanding issues and alternatives to address these issues. This is provided for discussion and staff is seeking consensus prior to initiating further program development. As always, feel free to contact me if you have any questions or need any additional information. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491fax 970-726-5518 www.frasercolorado.com FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday,September 7, 2011 MEETING: Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room PRESENT Board: Mayor Fran Cook; Mayor Pro-Tem Steve Sumrall; Trustees: Peggy Smith, Vesta Shapiro,Scotty Brent, Joyce Burford and Eric Hoyhtya Staff: Town Manager Jeff Durbin;Town Clerk, Lu Berger; Finance Manager Nat Havens;Public Works Director Allen Nordin; Town Planner, Catherine Trotter;Plant Supervisor Joe Fuqua, Police Officer Dodd Jacobsen Others: See attached list Mayor Cook called the meeting to order at 7:05 p.m. 1.Workshop: Heritage tourism 2.Regular Meeting: Roll Call 3.Approval of Agenda: Agenda amended to move 8d to 8b. motion Trustee Smith moved, and Trustee Shapiro seconded the to approve the Motion carried: 7-0. Agendaas amended. 4.Consent Agenda: thst a)Minutes –August 17& 312011 motion Trustee Burford moved, and Trustee Hoyhtya seconded the to approve the Motion carried: 7-0. consent agenda. 5.Open Forum: 6.Updates: 7.Public Hearings: a)Fraser Pizza Corporation Hotel and Restaurant Liquor License Hearing motion Trustee Hoyhtya moved, and Trustee Sumrall seconded the to open the public hearing on the Fraser Pizza Corporation Hotel and Restaurant Liquor License Hearing. Motion carried: 7-0 Page 2of 3 The Board of Trustees, sitting as the Fraser Local Liquor Licensing Authority, conducted the following proceedings concerning the application of Fraser Pizza Corporation Hotel and Restaurant Liquor License Hearing. Mayor Cook briefed the Board and the audience on the purpose and procedure for tonight’s meeting. Philip Hershfelt, President of Fraser Pizza Corporation addressed the Board. Mayor Cookoffered as Exhibits 1-3 copies of the liquor license application, proof of publication andthe notice of the hearing and the Clerk's Finding of Facts regarding the application. motion Trustee Brent moved, and Trustee Hoyhtya secondedthe to enter in exhibits 1-3 Motion carried: 7-0. into evidence. The Board received testimony from various persons in support of the application.Letters of support were entered into evidence as Exhibits 4-13. motion TrusteeBurford moved, and Trustee Brentseconded the to close the public hearing on the Fraser Pizza Corporation Hotel and Restaurant Liquor License Hearing. Motion carried: 7-0. 8.Discussion and Possible Action Regarding: a)Resolution 2011-09-01 Fraser Pizza Corporation Liquor License Hearing motion Trustee Brent moved, and Trustee Smith seconded the to approvethe Motion Resolution 2011-09-01 approving the Fraser Pizza Corporation Liquor License. carried: 7-0 b)Loyalty Card Program Catherine Ross &Jeremy Kimmel addressed the Board on the costs associated with the Loyalty Card Program. Winter Park has agreed to invest $60,000.00 for the Loyalty Card Program depending on the Fraser Board’s decision on investment in the program. The Board directed TM Durbin to initiate discussions with the County Commissioners regarding an investment from the County in the program. c)Ordinance 386 Local Approval of Special Events TC Berger outlined for the Board benefits of removing the need for the State’s approval from the Special Event licensing process. motion Trustee Brent moved, and Trustee Burford seconded the to approveOrdinance Motion carried: 7-0 386 Local Approval of Special Events. d)Transportation Planning and Signalization st A discussion on signalization of Hwy 40 and 1street was held. Page 3of 3 st street. Terry Stanford of Rendezvousspoke against the signalization at Hwy 40 & 1 Jack Bestall spoke for Grand Park voicing their desire for the signalization to move forward;“Byasking you to write aletter essentially to CDOT, which is what they’ve requested, we’re asking you to do that so we can move ahead and create a safe st condition at 1street. That doesn’t mean that we are turning our back on the road at the Rendezvous entrance. That’s still on the plan as an intersection, a signalized intersection.” Clark Lipscomb addressed the Board; “Wecertainly are not asking to take anything off the table…” The Board directed TM Durbin to work with Grand Park to do further research forthe signalization process. e)200 Eisenhower Proposals TM Durbin outlined the 2 proposals the Town has received for the property at 200 Eisenhower. motion Trustee Brent moved, and Trustee Burford seconded the to offer a lease at200 . Motion carried: 7-0 Eisenhower to Ilizabeth Adelman 9.CommunityReports: Trustee Smithaddressed the Board regarding mountain bike trails within the Fraser Valley. 10.Other Business: motionMotion Trustee Shapiro moved, and Trustee Hoyhtya seconded the to adjourn. carried: 7-0. Meeting adjourned at 9:30p.m. Lu Berger, Town Clerk Healthy Grand County 2020 Plan A Community Wide Plan to Make Grand County, CO the Healthiest in the Nation By the Grand County Healthcare Professionals Society Endorsed by: Grand County Board of County Commissioners; Town of Granby; Grand County Rural Health Network Executive Summary Grand County Healthcare Professionals Society Mission To improve the health of the people in Grand County, Colorado. Grand County, Colorado is known to be a very healthy county. However, our geographical isolation and large mileage within the county plays a large role in factors affecting health in the community. The Grand County Community many of our county residents experience significant barriers to care today. The Grand County Rural Health Network and provide the framework and skills to create a national demonstration project of healthy living and improved health. personal physician is the most important part of being healthy. The Network is working with all providers of healthcare services in a conscious effort to drive a well thought-out plan. health instructions, prescriptions, etc, is the single biggest indicator of health. Health literacy also involves personal responsibility, making it more comfortable for the person to manage their own care. Like other communities, other issues affect the health of our community, such as: transportation, obesity in children; lack of physical activity; and more negative consequences for the low-income, uninsured and elderly populations. Commitments to Grand County Removing all perceived barriers to care; Assisting patients in finding a personal medical home (which educates on the individual level); and Educating the public to educate the community as a whole and begin a culture (healthcare) paradigm shift. Steps in accomplishing these commitments Creating educational tools about medical homes for the population, which will drive people to use the excellent healthcare services located in-county Hiring a county patient navigator (which occurred at the Network in January 2011); and Developing medical neighborhoods to assure access to all services the patient needs when they need it. Healthy Grand County 2020 Plan We have chosen to use the U.S. Department of Health and Human Services Healthy People 2020 as a foundation of the innovation we plan for the next 10 years, combined with the Colorado Department of Public Health and community work done by the Network, the Society has chosen several topics that we feel apply to our community. In Partnership for the future of our healthcare P.O. Box 95, Hot Sulphur Springs, CO 80451 Phone (970) 725-3477 Fax (970) 725-3478 www.gcruralhealth.com Grand County Rural Health Network, Inc. is a 501 (c) 3 organization Much of our plan involves significant community education in each topic area. Education and health literacy are key components in the medical home concept. Our education plan encompasses relevant objectives, topic areas and winnable battles that will feed into access to care, which in turn will improve multiple outcomes in our topic areas as outlined in this plan. A comprehensive list of all topics and goals is included in the body of this report; we will list the most important and achievable in this executive summary. We will require significant financial support to make this work. We hope that you will join us in making Grand County the healthiest community in the US. Topic Areas: Health Communication and Health Information Technology: Improve the health literacy of the population. The entire plan hinges on health information exchange (healthcare providers having the ability to share patient information across practices according to HIPAA laws) and community education. Measurable Result: 1) 90% of all healthcare providers will be linked via Health Information Exchange. 2) 60% of patients in a medical home will report improved health literacy. Access to Health Services: Increase the proportion of uninsured / underserved individuals who are able to obtain or delay in obtaining necessary medical care, dental care, or prescription medicines. Measurable Result: 85% of uninsured or underserved in county will be able to access needed healthcare. Early and Middle Childhood: Increase the proportion of parents who receive information from their doctors or other behavior. Measurable Result: 85% of children will be screened at least three times by the age of 3. Immunization and Infectious Diseases: Reduce, eliminate or maintain elimination of cases of vaccine-preventable diseases, specifically pertussis. Measurable Results: At first newborn visit, 85% of new parents are asked and assured that they are up to date with Tdap vaccination. Education conducted as needed. Maternal, Infant, and Child Health: Increase the proportion of pregnant women who receive early and adequate prenatal care. Measurable Result: 87% of pregnant women will receive prenatal care in their first trimester. Physical Activity: Increase the proportion of children and adolescents who do not exceed recommended limits for TV screen time. Measurable Result: We need better baseline data for the county to accurately measure this topic. Oral Health: Increase awareness of the importance of oral health and the link between oral health and overall health. Measurable Result: 50% of Grand County residents will have a dental home. Other Healthy Grand County 2020 Objectives: Mental Health and Mental Disorders Nutrition and Weight Status Vision Family Planning Older Adults Injury and Violence Prevention Heart Disease and Stroke Environmental Health Preparedness Substance Abuse Adolescent Health We know that for many of these topics, we do not know our baseline and therefore cannot write measurable goals. We really need to acquire some baseline data. Our next step is to create a community assessment with our partners to measure some of this baseline data. To view the entire Healthy Grand County 2020 document, or to learn more about each topic area, please contact the Grand County Rural Health Network at 970-725-3477 or jgiacomini@co.grand.co.us. In Partnership for the future of our healthcare P.O. Box 95, Hot Sulphur Springs, CO 80451 Phone (970) 725-3477 Fax (970) 725-3478 www.gcruralhealth.com Grand County Rural Health Network, Inc. is a 501 (c) 3 organization nif • 1 • • n DR 8443 (10/01/08) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER, COLORADO 80261 (303) 205-2300 ART GALLERY PER IT AP LICATION 2341 ART GALLERY PERMIT $7t25 1. Applicant Name (Le. ABC Gallery Inc.) 4 1 M NEW El RENEWAL State Sales Tax Number of Applicant • Attach a copy of a deed or lease in the exact name of the applying entity only, reflecting possession of the permitted area for at least the minimum duration of this perrnit (1 year from date of issuance). • Attach a diagram of the premises which accurately reflects the area where alcohol beverages will be stored, served, possessed or consumed. Pursuant to 12-47-422, C.R.S., Applicant hereby states that it qualifies for an Art Gallery Permit, in order to serve complimentary alcohol beverages, and certifies to the State Licensing Authority and Local Licensing Authority: That it does not sell alcohol beverages by the drink. That it will not serve alcohol beverages for more than 4 hours in any one day, no more than 15 days per year as follows: Date: a fe-7 /tz From: G PM To: Date: From: To: OATH OF APPLICANT I declare under penalty of perjury in the second degree that 1 have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge. Signature REPORT AND APPROVAL OF LOCAL L CENSING AUTHORITY (CITY/COUNTY) The foregoing • plication has been examined and the premises, business conducted and character of the applicant is satisfactory, and we do report that such permit, if granted will comply with the applicable provisions of Title 12, Articles 46 and 47, C.R.S., as amended. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority (City or County) Signature Date filed With Local Authority REPORT OF STATE LICENSING AUTHORITY The foregoing has been examined and complies with the filing requirements of Title 12 Article 47, C.R.S. as amended. Signature DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY Liabili Information Industry Type License Account Number Liability Date License Issued Through (Expiration Date) Cash Fund 2341-100 (999) City 2180-100 (999) County 2190-100 (999) TOTAL THIS LEASE HAS IMPORTANT LEGAL CONSEQUENCES. THE PARTIES SHOULD CONSULT LEGAL COUNSEL BEFORE SIGNING. CO ERCIAL LEASE (Gross) This Commercial Lease (the "Lease") is made on SEPTEMBER 14. 2011 (date) and is entered into by and between Landlord (as defined below) and Tenant (as defined below). In consideration of the payment of the Rent (as defined below); all costs, charges, and expenses which Tenant assumes, agrees, or is obligated to pay to Landlord pursuant to the Lease (the "Additional Rent"); and the performance of the promises by Tenant set forth below, Landlord hereby leases to Tenant, and Tenant hereby accepts, the Premises (as defined below), subject to the terms and provisions set forth in the Lease. PARTIES, PREMISES, AND DEFINED TERMS 1. Landlord: FRASER MERCANTILE LLC a(n) LLC COMPANY [Individual, Company or Type of Entity], (the "Landlord"). 2. Tenant: E1-42.4 .E.-7-11( A/LIR 1 iet K Pge, 12 qz -7--/4"), a(n) ao PR lam p„ //itipi vlioc/.4 L. [Individual, Company, or Type of Entity], (the "Tenant"). 3. Premises: Landlord is the owner of certain real estate legally described as 201 EISENHOWER DRIVE, FRASER, COLORADO, 80442 in GRAND [insert county], Colorado (the "Real Estate"). The Real Estate is improved with a COMMERCIAL 1ST FLOOR SPACE [insert description of building or buildings] (the "Improvements") (the Real Estate and the Improvements are collectively referred to as the "Property"). Landlord hereby leases and demises to Tenant the following described portion of the Property: Address 201 EISENHOWER DRIVE FRASER, COLORADO 80442 Suite 2 AND 3 , consisting of 527.25 square feet (the "Premises"). 4. Term: Landlord Leases the Premises to Tenant from twelve o'clock noon on the 1ST day of OCTOBER , 20 11 , and until 11:59 pin. on the 1ST day of OCTOBER , 20 16 (the "Term"). Subject to Tenant's performance of all obligations under the Lease, including, without limitation, payment of Rent and Additional Rent, Tenant shall enjoy quiet possession of the Premises. 5. Rent: Rental for the first year of the Term is 1 and 0 /100 Dollars ($ 1.00 ) payable in equal installments of and /11 Dollars ($ ) in advance to Landlord on the first day of each calendar month for that month's rental before twelve o'clock noon, without notice (the "Rent"). Unless otherwise provided in the Lease, all payments due under the Lease, including Additional Rent, shall be mailed, or delivered to Landlord at the following address: If the Term does not begin on the first day of the month, the Rent shall be prorated accordingly. Rent for subsequent years of the Term El shall shall not be increased. In the event Rent is subject to increase, it shall be increased on the following basis: T P : s 111 • A 1i • *; No. e1003. COMMERCIAL LEASE (Gross) (Page 1 of 11) 1 T Initials: Bradford Publishing, 1743 Wacee St., Denver, CO 80202 — (303) 292-2590 — www.bradfo — eForm Fl< Tenant 6. Option: Tenant E shall shall not have the option to extend the Term, pursuant to the terms and conditions contained herein, for an additional period (the "Option"). In the event Tenant desires to exercise the Option, Tenant shall, at least 30 days before expiration of the Term, provide Landlord with written notice of its intent to exercise the Option. Rent shall be adjusted and payable as follows: NO REFUNDS The option shall only be exercisable provided that no Tenant Defaults currently exist and that no Tenant Defaults have occurred over the Term of the Lease which have not been cured by Tenant as provided by the Lease. 7. Security Deposit: Prior to occupying the Premises, Tenant shall keep on deposit with Landlord a security, cleaning, and damage deposit in the amount of 0 and /100 Dollars ($ 0 ) as security for the return of the Premises at the expiration of the Term in as good condition as when Tenant entered the Premises, normal wear and tear excepted, as well as the faithful, timely, and complete performance of all other terms, conditions, and covenants of the Lease (the "Security Deposit"). 8. Use: The Premises shall be used for COMMERCIAL ART GALLERY , provided this use conforms with applicable zoning regulations. Tenant shall not, without the prior written consent of Landlord, permit the Premises to be used for any other purpose. 9. Utilities/Additional Rent: Tenant shall be responsible for paying the following utilities upon the Premises, which charges shall be deemed Additional Rent: 0 Electric 0 Gas 0 Water D Sewer 0 Phone LI Cable/Satellite T.V. 0 Internet Access. 0 Refuse Disposal D Other If the Premises shares meter facilities for utilities, the charges shall be allOcated to each tenant by Landlord based upon a reasonable basis.. In the event Tenant fails to timely pay any of the aforementioned charges, it shall be deemed a Default. Landlord shall be responsible for any remaining utilities not specifically designated to be paid by Tenant, including utilities for Common Areas (as defined below). 10. Payment of Additional Rent: Additional Rent shall be paid by Tenant to Landlord in monthly installments concurrent with the Rent. 11. Late Payments: If any Rent, Additional Rent, or other payment is received later than N/A days after the date when due, the parties agree that Additional Rent in the amount of D $ or percent %) of the outstanding sums shall aLso be due and payable. The addition of such amount and the collection thereof shall not operate to waive any other rights of Landlord for nonpayment of Rent, or for any other reason. 12. Repairs and Maintenance of the Premises: The -4 Landlord 0 Tenant shall maintain the foundation, exterior walls, and roof of the Improvements in good repair. The 4 Landlord D Tenant agrees to keep all the other improvements (including plate glass and other windows, window frames, and doors) upon the Premises repaired and maintained in good order as described in the Lease. The Landlord Tenant shall properly irrigate and care for all trees, shrubbery, and lawn and the El Landlord Tenant shall keep all driveways, sidewalks, and parking areas on the Premises free and clear of ice and snow. 13. Parking: For the Term, Landlord grants to Tenant and its employees and invitees, at no additional charge, a Parking License. The Parking License is a non-exclusive license for the use of 10 parking spaces upon the Property (the "Parking License"). The Parking License shall be effective for the term of the Lease as defined below. Landlord and Tenant shall 0 shall not designate specific spaces for the Parking License prior to commencement of the Term. PRE ES 14. Common Areas: The common areas are all areas outside of the Premises upon the Property designated by Landlord for common use of Tenant, its employees, licensees, invitees, contractors, and Landlord (the "Common Areas"). Landlord grants to Tenant, its employees, licensees, invitees and contractors a non-exclusive license over such Common Areas of the Property necessary to the use and occupancy of the Premises and Parking License (the "Common Area License"). Said License shall be effective for the Term of the Lease. Tenant shall not use Common Areas for any type of storage, or parking of trucks, trailers, or other vehicles without the advance written consent of Landlord. All parking and Common Areas of Property shall at all times be subject to the management of Landlord, and are not part of the Premises_ All use of the Common Areas shall be at the sole risk of Tenant, and Landlord is not liable for any damages, or injuries occasioned by such use. Landlord shall have the right, power, and authority to compile, promulgate, change, and modify all rules and regulations that it may, in its sole discretion, deem necess. a• of the Common Areas. No. e1003. COMMERCIAL LEASE (Gross) (Page 2 of 11) Initials: IIK Tenant Tenant agrees 10 abide by and conform with all rules and regulations pertaining to such Common Areas. Landiord shall have the right to construct, maintain, and operate lighting facilities; to police and frotn time to time change the area, Iocation, and arrangement ofthe Cornmon Areas and facilities; to restrict employee parking to certain areas; to temporarily close all, or any portion of the Common Areas; to discourage non-customer parking; and to do and perform any and all such other acts in and to said Common Areas and facilities as Landlord shall determine in its sole and absolute discretion. 15. Condition of Premises and Representations: Tenant is familiar with the physical condition of the Premises and the Property. Except as may otherwise be provided in tbe Lease, Landiord makes no representations, or warranties as to the physical condition of the Premises, or the Property, or their suitability for Tenant's intended use. in the event that Landlord agrees to provide any renovations, build-out, or any other labor and materials for the improvement of the Premises, or any allowance for improvements to be effected by Tenant, such work, or allowance shall be specified and agreed to between the parties in a separate document appended to this Lease and which shall constitute a part of this Lease ("Work Letter"). Other than the work, if any, to he performed pursnant to Tenant's Work Letter, the Premises are rented "as is," in current condition, and all warranties are hereby expressly disciaimed. Landord makes no representations, or warranties as to the suitability of the Premises for Tenant's intended use_ Landlord further makes no representations, or warranties as to whether Tenant's intended use will necessitate changes, or alterations to the Premises in order to comport with local, state, or federal laws and regulations. Such laws and regulations include, but are not limited to: health code regulations, access reguiations (iuciuding, but not iimited to, the Americans with Disabililies Act), and zoning regulations. Tenant understands and agrees that in the event actions, alterations, or improvements are requiied in order to bring the Premises into compliance with any local, state, or federa laws and regulations because of Tenant's intended ase, Tenant shall be solely responsible for any and all associated costs and expenses relative thereto. Tenant further indemnifies and agrees to hold Landlord harmless from any and all claims and liabilities that may arise by virtue of Tenant's use of the Premises in violation of any Iocai, state, or federal laws and regulation& 16. Check-In Inspection: Landlord and Tenant may conduct an inspection of the Premises at the time of possession. A check-in inspection sbeet may be completed at that titne and the information contained therein shall be sufficient and salisfactory proof of the condition of the Piremises at the time of possession, should a subsequent dispute arise at a later date as to the condition of the Premises at the time of move-in. 17' Use of Premises: Tenant, in consideration of the leasing of the Premises, agrees as follows: a. Use of Premises: To use and occupy the Preinises solely as and for the use specified in Paragraph 8 of the Lease. Landlord's consent to the aforementioned use is not an assurance, or warranty that the Premises' attributes are sufficient for Tenant's use. Tenant represents and warrants that it has conducted sufficient due diligence to assure itself that the Premises are suitable for its use, and that such use is permitted by applicable law. Landlord expressly reserves its right to lease space within the Property as it sees fit, unless explicitly prohibited by other provisions in the Lease. Landlord's demise of the Premises to Tenant does not preclude Landlord from leasing other parts of the Property to other tenants who may be viewed objectively, or subjecliveiy as competing with Tenant_ b. Signage: Tenant shall be permitted to erect a sign or signs upon the Prernises, provided all signage is in compliance with size and other requirements of Landlord and as may be set forth by applicable ordinances and regulations including, but not limited to, sign and design ordinances. All signage shall conform to aesthetic and design criteria, themes, and standards of the Property and the kaprovements. Additionally, Landlord may provide uig"ugnspace on a common, or community sign located on the Property. c. Vacancy: It will be deemed u Default of the Lease if the Premises are Ieft vacant and unoccupied for over thirty (30) days. In addition to oth r remedies contained in the Lease, the Landiord may, without being obligated to do so, and without terminating the Lease, retake possession of the Premises and relet, or attempt to relet them for such rent and upon such conditions as the Landlord deems best, rnaking such changes and repairs as may be required, giving credit for the amount of rent so received, iess alt expenses of such changes and repairs. Tenant shail be Iiable for the balance of the Rent and Addilional Rent herein reserved until the expiration of the Term d. Legal Compliance: Tenant and its Iicensees and invitees shall comply with and abide by all federal, state, county, and municipal laws and ordinances in connection with the occupancy and use of the Premises. Tenant and its licensees and invitees may not possess, or consume alcoholic beverages on the Prernises unless they are of legal age. No alcoholic beverages shall be sold upon the Premises unless proper licenses have been obtained. No illegal drugs or controlled substances (unless specificall prescribed by a physician for a specific person occupying or present upon the Premises) shall be permitted upon the Premises. Tenant hereby covenants and agrees to use its reasonable efforts to prevent and preclude its employees, guests, invitees, etc. frotn the aforementioned illegal conduct. Tenant and its licensees and invitees shall not use the Premises in any way that may result in the rate or cost to the Landtord to insure the Property. No hazardous or dangerous activities are perlmtte. •canises. No. mo03. COMMERCIAL LEASE (Gross) (Page sofII) e. Additional Prohibitions: Neither Tenant nor its subtenants, licensees, volunteers, employees, guests, or invitees shall act in any manner that would interfere with, or be a nuisance to, other subtenants, occupants, or invitees of the Premises, or adjacent property owners, or adjacent tenants, or that would interfere with those other parties' quiet enjoyment of their premises. Said prohibition includes, but is not limited to, loud noises, loud music, noxious or unpleasant odors, and disruptive behavior or actions. Tenant shall not permit any portion of the Premises to be used in a manner that may endanger the person or property of Landlord, co-tenants, or any person living on or near the Premises. Tenant shall keep all portions of the Premises in a dean, safe, sanitary, and habitable condition. f. Pets and Animals: Pets or animals shall D shall not be permitted upon the Premises. g. Storage/Trash: Tenant shall store all personal property entirely within the Premises. Tenant shall store all trash and refuse in adequate containers within the Premises, which Tenant shall maintain in a neat and clean condition, or within designated Common Areas so as not to be visible to members of the public in, or about the Property, and so as not to create any health or fire hazard. h. Hazardous Material Prohibited: Tenant shall not cause or permit any hazardous material to be brought upon, kept or used in, or about the Premises by Tenant, its agents, employees, contractors, or invitees. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of hazardous material on the Premises caused, or permitted by Tenant results in contamination of the Premises, or if contamination of the Premises by hazardous material otherwise occurs for which Tenant is responsible to Landlord for resulting damage, then Tenant shall indemnify, defend, and hold Landlord harmless from any and all resulting claims, judgments, damages, penalties, fines, costs, liabilities, or losses. i. Quiet Enjoyment: Landlord agrees that upon Tenant paying the Rent and performing Tenant's obligations under the Lease, Tenant shall peacefully and quietly have, hold, and enjoy the Premises throughout the Term or until the Lease is terminated pursuant to its terms. Landlord shall not be responsible for the acts or omissions of any other tenant or third party that may interfere with Tenant's use and enjoyment of the Premises. In the event of any transfer or transfers of Landlord's interest in the Premises or in the Property, other than a transfer for security purposes only, the Landlord shall be automatically relieved of any and all obligations and liabilities accruing from and after the date of such transfer. j. Rules and Regulations: Landlord shall provide Tenant with a copy of all rules and regulations affecting the Premises, and Tenant shall abide by all such rules and regulations. 18. Subletting or Assignment: Tenant shall not sublet the Premises or any part thereof, nor assign the Lease or any interest therein, without the prior written consent of Landlord. Such consent shall be at the sole discretion of Landlord. As a condition of assignment or sublease, Landlord may require the continued liability of Tenant or a separate personal guaranty by Tenant or its principal. if Tenant is a corporation, limited liability company, or other entity that is not a natural person, any change in ownership of more than thirty percent (30.0%) (over any period) of the ownership interest shall be deemed an assignment of the Lease_ In the event an assignment or sublease is permitted, all payments from assignee or sublessee shall be made directly by said party to Landlord, and not through Tenant. 19. Surrender of Premises: Tenant will return the Premises to Landlord at the expiration of the Term in as good order and repair as when Tenant took possession, loss by casualty and normal wear and tear excepted. Any deterioration or damage caused by accident, abuse, carelessness, or negligence s not be considered normal wear and tear. In the event that Tenant fails to redeliver the Premises in appropriate condition, Landlord may restore the Premises to appropriate condition, including repair, replacement, and cleaning. The cost of any work necessitated shall be deducted from the Security Deposit; if the Security Deposit is insufficient to cover work performed, Tenant shall be obliged to pay the additional balance. 20. Removal of Fixtures/Redelivery: Tenant shall remove, at the termination of the Lease, provided Tenant is not in Default, Tenant's moveable trade fixtures and other items of personal property that are not permanently affixed to the Premises. Tenant shall remove the alterations and additions and signs made by Tenant as Landlord may request and repair any damage caused by such removal. Tenant shall peaceably yield up the Premises and all alterations and additions thereto (except such as Landlord has requested Tenant to remove); and all fixtures, furnishings, floor coverings, and equipment that are permanently affixed to the Premises which shall thereupon become the property of the Landlord. Any personal property of Tenant not removed within five (5) days following such termination shall, at Landlord's option, become the property of Landlord. PAYMENTS 21. Payments/Dishonored Checks: Payments shall be deemed received when received by, Landlord at the payment location. Dishonored checks and any checks received as late payments. Additional bank and handling charges may also be assessed in the No. e1003. COMMERCIAL LEASE (Gross) (Page 4 of 11) Initials: actually delivered to, and in the mail will be treated dishonored check. The 4e'nant foregoing items shall be deemed Additional Rent. Landlord may require Tenant to replace such dishonored check with a money order, cashier's check, or other good funds. Landlord may further require that all subsequent payments after a dishonored check be paid with a money order, cashier's check, or other good funds. 22. Partial Payment: if any partial payment is made by Tenant, it shall be allocated first to the payment of Additional Rent, including, without limitation, utilities (if applicable) and other expenses; and second to unpaid Rent. Acceptance by Landlord of any partial payment shall not waive the right of Landlord to require immediate payment of the unpaid balance of Rent or waive or affect Landlord's rights to institute legal proceedings including, without limitation, an eviction action. 23. No Offset: No assent, express or implied, to any Default of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any succeeding or other Default. The covenants set forth in the Lease are independent. Tenant shall have no right to withhold or set off any Rent due Landlord. 24. Joint and Several Obligations of Tenant: In the event more than one person comprises Tenant, it is expressly understood and agreed that each person comprising Tenant is jointly and severally liable for any and all obligations of Tenant in the Lease. This means that all persons comprising Tenant are each, together and separately, responsible for all of Tenant's obligations. Landlord may, at its option, determine whom to hold responsible. SEC ITY DEPOSIT 25. Security Deposit: a. Security Deposit: To secure the faithful performance by Tenant of all of Tenant's covenants, conditions, and agreements in the Lease to be observed and performed, Tenant shall deposit with Landlord the Security Deposit prior to commencement of the Lease. The Security Deposit may also be used in the event of termination of the Lease by re-entry, eviction, or otherwise. b. Application of Security Deposit: The parties agree: (I) that the Security Deposit or any portion thereof, may be applied to the curing of any Default that may exist, and/or payment of subsequent damages and costs incurred by Landlord, without prejudice to any other remedy or remedies that Landlord may have on account thereof, and upon such application Tenant shall pay Landlord on demand the amount so applied, which shall be added to the Security Deposit so it will be restored to its original amount; (2) that should the Premises be conveyed by Landlord, the Security Deposit or any portion thereof may be turned over to Landlord's 1.1 . /tee, and if the Security Deposit is turned over, Tenant agrees to look to such grantee for such application or return; (3) that Landlord shall not be obligated to hold the Security Deposit as a separate fund; (4) that should the Rent be increased, the Security Deposit shall be increased in the same proportion within thirty (30) days of such Rent increase; and (5) that should a Default occur, Landlord may, as an additional remedy, increase the Security Deposit at its sole discretion. c. Return of Security Deposit: If Tenant shall perform all of its respective covenants and agreements in the Lease, the Security Deposit, or the portion thereof not previously applied pursuant to the provisions of the Lease, together with a statement, shall be returned to Tenant without interest, no later than sixty (60) days after the expiration of the Term, or any renewal or extension thereof (or such earlier time if ri-luired by applicable law), provided Tenant has vacated the Premises and surrendered possession thereof to Landlord. REPA • AND MAINTENANCE 26. Improvements, Repairs and Maintenance: Subject to the limitations set forth in Paragraphs 27 and 28 below, either Landlord or Tenant, as specified in Parai ph 12 above, shall be responsible for the cost and condition of the respective improvements, repairs, and maintenance relating to all structural components, interior and exterior walls, floors, ceiling, roofs, sewer connections, plumbing, wiring, appliances, and glass used in connection with the Premises. 27. Landlord's Limited Responsibility: In the event Paragraph 12 of the Lease provides for Landlord's responsibility for certain repair and maintenance, Landlord shall be responsible for (i) any repairs, replacements, restorations, or maintenance that have been necessitated by reason of ordinary wear and tear, and (ii) any repairs, replacements, restorations, or maintenance that have been necessitated by sudden natural forces, or acts of God, or by fire not caused by Tenant. The cost of any maintenance, re. irs, or replacements necessitated by the act, neglect, misuse, or abuse of Tenant, its agents, employees, customers, licensees, invitees, or contractors shall be paid by Tenant to Landlord promptly upon billing. Landlord shall use reasonable efforts to cause any necessary repairs to be made promptly; provided, however, that Landlord shall have no liability whatsoever for any delays in causing such repairs to No. e1003. COMMERCIAL LEASE (Gross) (Page 5 of II) initials Tenant be made, including, without limitation, any liability for injury to or loss of Tenant's business, nor shall any delays entitle Tenant to any abatement of Base and Additional Rent or damages, or be deemed an eviction of Tenant in whole or in part. 28. Tenant's Allowed Responsibilities: In the event Paragraph 12 of the Lease provides for Landlord's responsibility for certain repair and maintenance, Tenant shall not perform or contrac with thiid parties to perform any repairs of any kind upon the Premises or structure upon which the Premises are Iocated. In the event any repair that is the responsibiity ofLandlord becomes necessary, Tenant shall notify Landiord as soon as possible, and allow reasonable time for the work to be completed. Any unauthorized work performed or contracted for by Tenant will be at the sole expense of Tenant. 29. Tenant's Duty to Repair: In the event Paragraph 12 of the Lease provides for Tenant's responsibility for certain repair and maintenance, Tenant shall, at Tenant's sole cost and ex nse, maintain the Pr mises, including, but not limited to, the plumbing, exterior plate glass, other windows, and xiudov, frames, electric wiring, HVAC equipment, fixtures, appliances, and interior waits, doorways, and appurtenances belonging thereto installed for the use or used in connection with the Premises (and including the foundation, exterior walls, and roof of the Improvements, if so provided in Paragraph 12). Tenant shall, at Tenant's own expense, make as and when needed all repairs to the Prernises and to all such equipment, fixtures, appliances, and appurtenances necessary to keep the same in good order and condition. Tenant repairs shall include all replacements, renewals, alterations, and betterments (the "Tenant Repairs"). All Tenant Repairs shall be equal or better in quality and dass to the originai work. In the event Tenant fails to cornplete Tenant Repairs, Landiord may obtain Lhem and bill Tenant for such work as Additional Rent. 30. Tenant Improvements: Unless otherwise provided in the Work Letter, Tenant shall be solely responsible for any and all improvements and alterations within the Premises necessary for Tenant's intended use of the [roodvcx, including, but not limited to, electrical wiring, HVAC,{4ambimg, framing, drywall, flooriog, finish work, telephone systems, wiring, and fixtures necessary to finish the Premises toucondition suitable for Tenant's use (the "Tenant Work"). 31. Improvements/Prior Landlord Consent: Tenant agrees to submit to Landlord complete plans and specifications, including engineering, tnechanical, uudnlectricdwo,boovndu8v"yuoJa|lcv"tomy\u/cd7bouut\Yozk, if applicable, and any subsequent improvements or alterations of the Premises. The pIa_ns and specifications shall be in such detail as Landlord may require, and in compliance with all applicable statutes, ordinances, regulations, and codes. As soon as reasonably feasible thereafter, Landiord shall notify Tenant of any failures of Tenant's plans to nieet with Landlord's approval. Tenant shall cause Tenant's plans to be revised to the extent necessary to obtain Landlord's approval. Tenant shall not commence any Tenant Work, or any ether improvernents, or alterations of Premises until Landlord has approved Tenant's plans 32. Tenant Work and Repairs/Compliance with c Liens: Tenant shall procure all necessary perinits before undertaking Tenant Work or Tenant Repairs. Tenant shall perform all Tenant Work or Tenant Repairs in a good and workmanlike manner. Tenant shall use materials of good quality and perform Tenant Work or Tenant Repairs only with contractors previously approved of in writing by Landlord. Tenant shall comply with all laws, ordinances, and regulations, including, but not iirnited to, building, health, fire, aiid safety codes. Tenant hereby agrees to hold Landlord and Landlord's agents harmless and indemnified from all injury, loss, claims, or damage to any person or property (including the cost for defending against the foregoing) occasioned by, or growing out of Tenant Work or Tenant Repairs. Tenant shall promptly pay when due the entire cost of any Tenant Work or Tenant Repairs on the Premises undertaken by Tenant, so that the Premises shall at all times be free of liens for labor and materials. Tenant hereby agrees to iudeomify, defend, and hold Landlord harmless of and from all liability, loss, damages, costs, or expenses, including reasonable attorneys' fees, incurred in connection with any claims of any nature whatsoever for work performed for, or materials, or supplies furnished to Tenant, including lien claims of laborers, materialmen, or others. Should any such liens be filed or reco ed against the Premises or the Improvements with respect to work done for, or rnaterials supplied to, or on behalf of Tenant, or should any action affecting the titie thereto be cornrnenced, Tenant shall cause such liens mho released of record within fivo(5) days after notice thereof. lf Tenant desires w contest any such claim nflien, Tenant shall nonetheless cause such lien to be released of record by the posting of adequate security with a court of competent jurisdiction as may be provided by Colorado's mechanic's lien statutes. If Tenant shall be in default in paying any charge for which such mechanic's lien or suit to foreclose such lien has been recorded or flled and shall not have caused the lien to be released as aforesaid, Landlord may (but without being required to do so) pay such lien or claim and any associated costs, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due from Tenant to Landlord as Additional Rent. 33. Common Area Maintenance: Landiord shall use reasonable efforts to maintain and repair Common Areas of Property, including walk and parking Iots. The cost of any maintenance, repairs, or re e e ents oucesxdaudhyUbc mct, neglect, misuse, or abuse by Tenant, its employees, licensees, invitees or con be paid by Tenant to w"elo(13. COMMERCIAL LEASE (Gross) (Page omII) ��� Tenant Landlord. Landlord shall use reasonable efforts to cause any necessary repairs to be made promptly; provided, however, that Landlord shall have no liability whatsoever for any delays in causing such repairs to be made, including, without limitation, any liability for injury to or loss of Tenant's business, nor shall any delays entitle Tenant to any abatement of Rent or damages, or be deemed an eviction of Tenant in whole or in part. 34. Keys/Locks: Tenant shall not place any additional locks upon the Premises, including, but not limited to, exterior and interior doors. Tenant shall not cause any of the locks or cylinders therein to be changed or re-keyed. 35. Waste/Rubbish Removal: Tenant shall not lay waste to the Premises. Tenant shall not perform any action or practice that may injure the Premises or Property. Tenant shall keep the Premises and the Property surrounding the Premises free and clear of all debris, garbage, and rubbish. Unless otherwise provided for in the Lease, Tenant shall be responsible for contracting for and paying for trash and debris removal required by Tenant's use of the Premises. DEFAULT, NOTICE A I. REMEDIES 36. Default: If Tenant is in arrears in the payment of any installment a Rent, any Additional Rent, or any portion thereof, or is in violation of any other covenants or agreements set forth in the Lease (a "Default") and the Default remains uncorrected for a period of three (3) days after Landlord has given written notice thereof pursuant to applicable law, then Landlord may, at Landlord's option, undertake any of the following remedies without limitation- (a) declare the Term of the Lease ended; (b) terminate Tenant's right to possession of the Premises and reenter and repossess the Premises pursuant to applicable provisions of the Colorado Forcible Entry and Unlawful Detainer statute; (c) recover all present and future damages, costs, and other relief to which Landlord is entitled; (d) pursue Landlord's lien remedies; (e) pursue breach of contract remedies; and (f) pursue any and all available remedies in law or equity. In the event possession is terminated by reason of a Default prior to expiration of the Term, Tenant shall remain responsible for the Rent and Additional Rent, subject to Landlord's duty to mitigate such damages. Pursuant to §§ 13-40-104(d.5) and (e.5), and 13-40-107.5, CRS., hereby incorporated by reference, in the event repeated or substantial Defaults(s) under the Lease occur, Landlord may terminate Tenant's is ssession upon a written Notice to Quit, without a right to cure. Upon such termination, Landlord shall have available any and all of the remedies listed above. 37. Abandonment: In the event of an abandonment of the Premises, Landlord may, without being obligated to do so and without terminating the Lease, retake possession of the Premises and exercise any of the remedies contained in Paragraph 38 below. 38. Re-Entry: In the event of re-entry by Landlord as a result of abandonment or a Default by Tenant: a. Tenant shall be liable for damages to Landlord for all loss sustained, including, without limitation, the balance of the Rent and Additional Rent, court costs, and reasonable attorneys' fees; b. Tenant's personal property and the personal property of any guest, invitee, licensee, or occupant may be removed from the Premises and left on the street or alley, or, at Landlord's option, it may be removed and stored, or disposed of at Landlord's sole discretion. Landlord shall not be deemed a bailee of the property removed and Landlord shall not be held liable for the property. Tenant shall indemnify Landlord for any expense in defending against any claim by Tenant or third party and for any legal expense, cost, fine, or judgment awarded to a third-party as a result of Landlord's action under the term of the Lease; c. Landlord may attempt to relet the Premises for such rent and under such terms as Landlord believes appropriate; d. Landlord may enter the Premises, clean and make repairs, and charge Tenant accordingly; e. Any money received by Landlord from Tenant shall be applied first to Rent, Additional Rent, and other payments due; and f. Tenant shall surrender all keys and peacefully surrender and deliver up possession of the Premises. INSURANCE INDEMNIFICATION 39. Negligent Damages: Tenant shall be responsible for and reimburse Landlord for any and all damages to the Premises or Property and persons and property therein caused by the negligent, grossly negligent, reckless, or intentional acts of itself, its employees, agents, invitees, licensees, or contractors. 40. Liability IndemnificationAnsurance: Tenant shall hold Landlord, Landlord's agents, and their respective successors and assigns, harmless and indemnified from all injury, loss, claims, or damage to any person or property while on the Premises, or any other part of the Property, or arising in any way out of Tenant's business, which is occasioned by a negligent, intentional, or reckless act, or omission of Tenant, its employees, agents, invitees, licensees, or contractors. Tenant shall maintain public liability insurance insuring Landlord and p s agents, as their interest No. e1003. COMMERCIAL LEASE (Gross) (Page 7 of 11) Ini Tenant may appear, against all claims, demands, or actions for injury to or death in an amount of not less than one million dollars ($1,000,000) arising out of any one occurrence, made by, or on behalf of any person, firm, or corporation, arising from, related to, or connected with the conduct and operation of Tenant's business, including, but not limited to, events on the Premises and anywhere upon the Property. Tenant shall also obtain coverage in the amount of one million dollars ($1,000,000) per occurrence covering Tenant's contractual liability under the aforesaid indemnification clauses. 41. Fire/Casualty Insurance: Tenant shall maintain plate glass insurance covering all exterior plate glass in the Premises, fire, extended coverage, vandalism, and malicious mischief insurance and such other insurance as Tenant may deem prudent, covering all of Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings, and equipment in the Premises. 42. Insurance Requirements: All of Tenant's insurance related to the Premises and the Property shall be in the form and from responsible and well-rated companies satisfactory to Landlord, shall name Landlord as an additional insured thereunder, and shall provide that the insurance will not be subject to cancellation, termination, or change except after at least thirty (30) days prior written notice to Landlord. The policies or duly executed certificates for such insurance shall be provided to Landlord prior to commencement of Term and upon request of Landlord. 43. Waiver of Liability: Landlord and Landlord's agents and employees shall not be liable for, and Tenant waives all claims for, damage to property sustained by Tenant, employees, agents or contractors, or any other person claiming through Tenant, resulting from any accident in or upon the Premises or the Property of which they shall be a part, including, but not limited to, claims for damage resulting from: (1) any equipment or appurtenances becoming out of repair; (2) Landlord's failure to keep the Property or the Premises in repair; (3) injury done or occasioned by wind, water, or other act of God; (4) any defect in, or failure of, plumbing, heating, or air-conditioning equipment, electric wiring, or installation thereof, gas, water and steam pipes, stairs, porches, railings, or walks; (5) broken glass; (6) the backing-up of any sewer pipe, or downspout; (7) the bursting, leaking, or running of any tank, tub, sink, sprinkler system, water closet, waste pipe, drain, or any other pipe or tank in, upon, or about the Property or Premises; (8) the escape of steam, or hot water; (9) water, snow, or ice being upon, or coming through the roof, skylight, doors, stairs, walks, or any other place upon, or near such Property, or the Premises, or otherwise; (10) the falling of any fixtures, plaster, or stucco; (11) fire or other casualty; and (12) any act, omission, or negligence of co-Tenants, or of other persons or occupants of the Property, or of adjoining or contiguous buildings, or of adjacent or contiguous property. 44. Third-Party Liability: Landlord shall not be liable to Tenant for any damage by or from any act or negligence of any co-tenant or other occupant of the Improvements, or by any owner or occupant of adjoining or contiguous property. Landlord shall not be liable for any injury or damage to persons or property resulting in whole or in part from the criminal activities of others_ To the extent not covered by normal fire and extended coverage insurance, Tenant agrees to pay for all damage to the Improvements. 45. Landlord Insurance: Insurance shall be procured by Landlord in accordance with its sole discretion. All awards and payments thereunder shall be the property of the Landlord, and Tenant shall have no interest in the same. Notwithstanding the foregoing, Landlord agrees to obtain building liability and hazard insurance required to be carried for the Property and Premises and adequate hazard insurance, which covers replacement cost of the Property and Premises. 46. Indemnification Fees and Costs: In case any claim, demand, action, or proceeding is made or brought against Landlord, its agents, or employees, by reason of any obligation on Tenant's part to be performed under the terms of the Lease or arising from any act of negligence of Tenant or its agents or employees, or which gives rise to Tenant's obligation to indemnify Landlord, Tenant shall be responsible for all costs and expenses, including, but not limited to, reasonable attorneys' fees incurred in defending or prosecution of the same, as applicable. OTHER PROVISIONS 47. Destruction or Condemnation of Premises: Landlord's and Tenant's duties and responsibilities are as follows when destruction or condemnation of the Premises occurs: a. Partial Destruction of the Premises: In case of partial destruction of the Premises by fire, or other casualty, Landlord at its discretion may repair the Premises with reasonable dispatch after notice of said partial destruction. Tenant shall remain responsible for payment of Rent. Subparagraph (d) of this Paragraph 47 shall apply if Landlord determines that the partial destruction will not be repaired. b. Premises Untenable: If the Premises are made totally untenable by fire, the elements, or other casualty, or if the building in which the Premises are located is partially destroyed to the point where Landlord, within a reasonable time, decides not to rebuild, or repair, then Subparagraph (d) of this Paragraph 47 sh No. e1003. COMMERCIAL LEASE (Gross) (Page 8 of II) Initials: Tenant c. If the whole or part of the Premises are taken by any authority for any public or quasi-publi use, or purpose, then Subparagraph (d) of this Paragraph 47 shall apply_ All damages and compensation awarded for any taking shall be the sole property of Landiord. d. Termination of Term: Tenant agrees that if Landlord decides not to repair, or rebuild the Premises where the destruction has occurred as described in Subparagraphs (a) and (b) of this Paragraph 47, the Term hereby granted by the Lease shall cease and the Rent and Additional Rent shall be prorated and payable up to the time of the cessation of the Term. A refund will be given for the balance of any Rent paid in advance for which Tenant did not have use of the Premises due to the cessation of the Term under the conditions of this Paragraph 47_ Where the Premises have been taken due to condemnation as described in Subparagraph (c) of this Paragraph 47, the Term of the Lease shall cease and terminate upon the date that possession of the Premises is taken by the authority. Rent and Additional Rent shall be prorated and payable up to the tirne of the cessation of the Term. Tenant shall not hold Landiord liable for any damages as a result of any of the acts or events described in this subpara: ph. 48' Holdover: Tenant shali vacate the Premises and remove a1 of Tenant's personal property from the Premises prior to 11:59 p.m_ on the date the Term expires_ Landlord may immediately commence eviction proceedings at its sole discretion. If, after the expiration of the Lease, Tenant shall remain in possession of the Premises and continue to pay Rent without a written agreement as to such posxoouiou, then such tenancy shall be regarded as a month-to-month tenancy, at a monthly rental, payable in advance, equivalent tm the last month's Rent paid under the Lease, and subject to all the terms and conditions of the Lease_ 49. Entry by Landlord: Landlord may enter the Premises at reasonable hours for reasonable purposes (such as repairs, inspections, or re-letting to prospective new tenants), upon reasonable notice to Tenant_ Landlord may also enter the Premises in the event of emergency, without notice, or in the event of vacancy of the Premises, as described in Paragraph 38. 50. Guarantor: lu the event the Lease is guaranteed, the person(s) guaranteeing the Lease ("Guarantor") hereby absolutely guarantees Tenant's obligations and performance under the Lease. Guarantor further agrees to be bound by the same covenants and conditions of the Lease and hereby makes the same warranties and representations as Tenant hereunder. If Tenant defaults in the performance of its obligations under the Lease, Guarantor will perform said obligations. 51. Subordination/Estoppel/Attornment: The Lease shall be subordinate to all existing and future mortgages, deeds of trust, and other security interests on the Premises and to any and all extensions, renewals, refinancing, and modifications thereof. Tenant shall execute and deliver whatever instruments may be required for such purposes, or for the purpose of informing a potential or existing lender or purchaser of the Property as 10 the status of its tenancy. Any such instruments or estoppel letters shall contain all information reasonably required by Landiord or other entity in conjunction with such transaction. Tenant agrees to attorn to a lender or other party coining into title to the Property upon written request of Landiord. 52' Notices: All notices required to be sent under the Lease shall be in writing and either: (i) delivered as provided by applicable law, including, infer alia, § l340'l0l,Cfl'S_otxn4., [Colorado Forcible Enliy and Unlawful Detainer statute]; (ii) personally delivered, with proper proof of service; or (iii) sent via U.S. first class moud,yo»tugo prepaid. All notices required to be sent to Landlord shalt be sent or delivered to the address where the Rent is to be paid, and all notices required to be sent to Tenant shall be sent or delivered to the Premises, unless otherwise specified in the Lease. Notwithstanding the foregoing, all notices iovnlvingocovumr"[u8& l3'40'}0l,CR'S_xt seq. shall hodelivered as provided by statute. 53. Attorneys' Fees: In the event Tenant or Landlord fails to perform any of its obligations under the Lease, or in the event a dispute arises concerning the meaning or interpretation of any provision of the Lease, the defaulting party, or the party not prevailing in such dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights hereunder, including, without limitation, court costs and reasonable attorneys' fees. 54. Governing Law: The Lease shall be governed by and construed in accordance with the laws of the State of Colorado. Venue shall be proper in the county where the Premises are located. 55' Amendments and Termination: Unless otherwise provided in the Lease, the Lease may be amended, modified, or terminated only by a written instrument executed by Landlord and Tenant. 56. Captions: The paragraph tities or captions in the Lease are f�r convenience only and shall not be deemed to be part of the Lease. No. el.o03.COMMERCIAL LEASE (Gross) (Page 9 of 11) Initials: Tenant 57. Pronouns; Joint and Several Use of Certain Terms: Whenever the terms referred to in the Lease are singular, the same shall be deemed to mean the plural, as the context indicates, and vice versa. All references to the "Landlord" shall mean Landlord and/or its authorized agents, contractors, or employees as may be required by the specific context. All references to the "Tenant" shall mean each and every person comprising Tenant, or an individual person, or combination of persons comprising Tenant as may be required by the specific context. 58. Waivers: No right under the Lease may be waived except by written instrument executed by the party who is waiving such right. No waiver of any breach of any provision contained in the Lease shall be deemed a waiver of any preceding or succeeding breach of that provision, or of any other provision contained in the Lease. No extension of time for performance of any obligations or acts shall be deemed an extension of the time for performance of any other obligations or acts. 59. Heirs, Assigns, Successors: The Lease is binding and inures to the benefit of the heirs, assigns, and successors in interest to the parties, subject to the restrictions on assignment in Paragraph 18. 60. Time of the Essence: Time is of the essence of the Lease, and each and all of its provisions. 61. No Reservation of Option: Submission of this instrument for examination or signature by Tenant does not constitute a reservation of or option for lease, and is not effective as a lease or otherwise until execution and delivery by both Lessor and Tenant. 62. Credit Reports: Tenant hereby grants Landlord permission to obtain from time to time investigative consumer reports to ascertain the credit worthiness of Tenant and Tenant's guarantors, if applicable. 63. Corporate Authorization: If Tenant is a corporation, each individual executing the Lease on behalf of the corporation represents and warrants that he is duly authorized to execute and deliver the Lease on behalf of said corporation in accordance with a duly adopted resolution of the Board of Directors of the corporation and that the Lease is binding upon the corporation in accordance with its terms. Lessee agrees to provide Landlord with such a resolution within five (5) days of the execution of the Lease. 64. Severability: if any term, covenant, condition, or provision of the Lease, or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of the Lease, or the application of such term, or provision to persons, or circumstances other than those to which it is held invalid, or unenforceable, shall not be affected thereby, and each provision of the Lease shall be valid and shall be enforced to the fullest extent permitted by law. 65. Lead-Based Paint Disclosure Rule: Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenant must also receive a federally approved pamphlet on lead poisoning prevention. In the event the Premises were constructed before 1978, Landlord shall comply with the Lead-Based Paint Disclosure, 42 U.S.C. § 4852d. 66. Other Applicable Laws: Federal, state, county, or municip-al laws and ordinances may affect the Premises, the Lease, and Landlord/Tenant relationship that are not specifically addressed in the Lease. Landlord and Tenant should consult legal counsel prior to execution of the Lease to ascertain such information. 67. ADA Compliance: Tenant shall not cause or permit any violation of the Americans with Disabilities Act (the "ADA") to occur on, or about the Premises by Tenant, its agents, employees, contractors or invitees. Tenant shall indemnity, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Premises, damages for the loss or restriction of use of rentable or usable space, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorneys' fees, consultation fees and expert fees) that arise during or after the Term as a result of such violation. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any remedial work required by any federal, state, or local governmental agency or political subdivision because of any ADA violation present on or about the Premises. Tenant shall be permitted to make such alterations to the Premises as may be necessary to comply with the ADA, at Tenant's sole expense and upon the prior written consent of Landlord. Without limiting the foregoing, if the presence of any ADA violation on the Premises caused or permitted by Tenant results in remedial work on the Premises, Tenant shall promptly take all actions at its sole expense as are required by any authority to comply with the ADA; provided that Landlord's consent to such actions shall first be obtained, which shall not be reasonably withheld No. e1003. COMMERCIAL LEASE (Gross) (Page 10 or 11) Initials: Tenant 68. Additional Provisions: in the event that there are any additional agreements between the parties or provisions with respect to the Premises, an Addendum may be attached to the Lease, which shall be incorporated by this reference as a part of the Lease. An Addendum containing additional provisions '10 is LI is not attached. The Lease and the attached Addendum constitute the entire agreement between the parties. SEE ATTACHMENT FOR SKETCH OF GROUND FLOOR, YARD, AND PARKING. THE PARTIES SHOULD INITIAL EACH PAGE OF SHOULD RECEIVE A SIGNED COPY OF THE LEASE TENANT: LEASE AND SIGN BELOW. EACH PARTY ANY ADDENDA. LANDLORD: h /?A 51:-/ rt 4.l'p?Ty4< i7L)91-( -Ti / 44, FRASER MERCANTILE LLC INDIVIDUAL/SOLE PROPRIETORSHIP [Individual or Type of Entity] By: ELIZABETH KURTAK Its: OWNER Or [Signature Date: yfr mdividualm LLC COMPANY , a(n) [Individual or Type of Entity] By: ANDREW JON PETERSEN Its: PRESIDENT GUARANTOR (if applicable): [Signature] [print name] Date: No. e1003. COMMERCIAL LEASE (Gross) (Page 11 of 11) Date: Building Footprint 201 Eisenhower Drive Fraser, Colorado 80442 (not drawn to scale) 1,1) RNA- 5Th kE )(1,/d EISENHOWER DRIVE FENCED YARD LANDLORD STORAGE LANDLORD STORAGE LANDLORD GARDEN TOOLS KIJRTAK GALLERY ALLEY KEY -Windows -Yard GATE P 0 FENCED YARD rs KEY -Doors 454 Gates -Windows -3 Foot Poration EISENHOWER DRIVE 111111111W1 WARM STORE Garage WARM STORE Fireplace Dealership Building Footprint 201 Eisenhower Drive Fraser, Colorado 80442 (not drawn to scale) Submitted for: Art Gallery Permit Application (DR8443) By: Elizabeth Kurtak Productions 970-531-0230 FENCED YARD 11111111,,,,g unp,stou LANDLORD STORAGE DESK REST ROOM LANDLORD STORAGE ART GALLERY ROOM A MAIN GATE / FMREMMOVADVI C"D g 1 ALCOHOL Y1 0 1 SERVICE ionmarnal ART trl •S, GALLERY ..4510,011 ROOM '01111111111111H11p, LANDLORD FENCED GARDEN TOOLS YARD LANDLORD SHED IVO ENTRANCE ALLEY TOWN OF FRASER RESOLUTION NO. 2011-09-02 A RESOLUTION OF THE FRASER BOARD OF TRUSTEES, ACTING AS THE LOCAL LIQUOR LICENSING AUTHORITY FOR THE TOWN OF FRASER, APPROVING THE APPLICATION OF ELIZABETH KURTAK PRODUCTIONS,D/B/A ELIZABETH KURTAK ART GALLERY FOR ANART GALLERYLIQUOR LICENSEFOR THE PREMISES AT201 EISENHOWER DRIVE, FRASER, COLORADO. WHEREAS, Elizabeth Kurtak Productions d/b/a Elizabeth Kurtak Art Gallery(the “Applicant”) filed an application with the Town of Fraser for a new Art Gallerylicense for the premises located at 201 Eisenhower Drive, Fraser, Colorado; and WHEREAS, the Board of Trustees, as the Local Liquor Licensing Authority, has carefully considered said application and the evidence presented, and hereby enters the following decision regarding the application. THE BOARD OF TRUSTEES MAKES THE FOLLOWING FINDINGS: 1.The Applicant has submitted evidence that it is or will be entitled to possession of the premises where the license is proposed to be exercised. 2.The premises are properly zoned for the activity which will occur therein, and the Town of Fraser has eliminated the 500-foot minimum distance requirement for licensed premises separation from any public or parochial school or the principal campus of any college, university or seminary. BASED UPON THESE FINDINGS, THE BOARD OF TRUSTEES, ASTHE LOCAL LICENSING AUTHORITY,HEREBY ORDERS that the application of Elizabeth Kurtak Productions d/b/a Elizabeth Kurtak Art Gallery,for a new Art Gallerylicense for the premises at 201 Eisenhower Drive, Fraser, Coloradobe and is hereby APPROVED. st DULY MOVED, SECONDED, AND ADOPTED THIS 21DAY OF SEPTEMBER,2011. TOWN OF FRASERBOARD OF TRUSTEES AND LIQUOR LICENSING AUTHORITY BY: ____________________________________ Fran Cook, Mayor ATTEST: _________________________________________ Lu Berger,Town Clerk CERTIFICATE OF SERVICE Ihereby certify that I served the above and foregoing Resolution and decision of the Local Licensing Authority upon the Applicant named therein by mailing the same by certified th mail, postage prepaid, this 8day of September,2011, addressed as follows: Elizabeth Kurtak Productions d/b/a Elizabeth Kurtak Art Gallery P.O. Box 86 Fraser, CO 80442 Lu Berger, Town Clerk and Secretary to the Local Liquor Licensing Authority -2- June 2, 2011 Town of Fraser Catherine Trotter Town Planner PO Box 120 Fraser, Co. 80442 Dear Catherine, WINTER PARK RANCH WATER SANITATION DISTRICT The Winter Park Ranch Water and Sanitation District would like to change the point of diversion for our augmentation pond (Village Lake 1) which is located in the Cozens Ranch Open Space Park. Our augmentation pond, the inlet to the pond and the outlet are on Town property within easements provided by the Town. A change in our diversion point will require a new easement to allow for the inlet to be in a new location. The reasons for relocating the inlet are these: The existing inlet is located behind Mountain Moonshine Liquors. The Fraser River has changed its course from the location of our adjudicated point of diversion. We were able to work with the Corps of Engineers to direct some flows into the old stream bed but this is a temporary solution. The original point of diversion requires 600 feet of underground 12" pipe and 300 feet of open trench to maintain. Last year all 600 feet of pipe filled with sediment during the high flows of spring. It was very costly to clean out the pipe. We can get 3 feet of drop from the river to our augmentation pond with only 200 feet of underground pipe by changing our point of diversion. The new location for our water intake is in a section of river that has not changed its course since the District was formed over 40 years ago. P. O. Box 1390 601 Park Place Fraser, CO 80442 0 (970) 726-8691 Fax (970) 726-9627 The advantage to the Town that changing our point of diversion presents is the ability to abandon the existing intake easement. This easement is located up against the back road into Safeway that the Town constructed and restricted the Towns ability to construct the road that they wanted to. Recently the Town was investigating a location for their own augmentation pond but found that this easement once again restricted the ability to locate the pond in this area. Eliminating this easement will free up the Town to better utilize the property that they own. Because we exercise our flow through right of 1 CFS year round, it will be important to us to time the abandonment of the existing easement so that it follows the granting of the new easement and the construction of the new inlet. The original easements were written by the Town's legal council. For the sake of consistency it would be prudent to have the new easement drawn up by the Towns attorney and have the District reimburse the Town for their time. We already have the survey and legal description to use as exhibits. Thank you for considering this request. We both serve the public and this easement will help us to better serve that public. Some of the public that we serve are within the boundaries of your town (Safeway and Safeway/Fraser Market Place). Sincerely, r� Kirk Klancke Manager 4 4 i 1-1 J k hi r 1 P k P 1n '1 13 l E1 1! ti) 41 J i r1 1 0 a 1– CD i X Lai i Page 2 of 2 VILLAGE LAKE I POD II W %s COR. N. LINF NW SW� S 20 43 S 20 T 1 S R 75 W\ MAIL in O Denotes only a change of direction or legal description call, not a set monument. S81'49' N 192. N89'58'03 "W 1313.92' GRAVEL ROAD SCALE 1 =40' NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown. LEGAL DESCRIPTION EXHIBIT MAP SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M. SAFEWAY FRASER MARKETPLACE —REC# 98006151 COUNTY OF GRAND, STATE OF COLORADO Page 1 of 2 A 30 foot wide utility and maintenance easement over, across and on Lot 5, Safeway—Fraser Market Place, as recorded under reception number 98006151 Section 20, Township 1 South, Range 75 West of the 6th P.M., Town of Fraser, County of Grand, State of Colorado, said easement lying 15.0 feet on each side of the following described centerline; Commencing at the Northeast corner of the Northwest 1 4 of the Southwest %S of said Section 20, from, whence the West Quarter corner of said Section 20 bears North 89 °58 03" West, with all bearings contained herein being relative thereto (Basis of Bearing); Thence South 17'51'02" East 623.69 feet to a point on the existing westerly bank of the Fraser River, said point being the Point of Beginning; Thence South 81'49'18" West, 192.41 feet to a point on the existing easterly bank of Village Lake II, said point being the Terminus of said 30 foot wide utility and maintenance easement, the side lines of which ore to be lengthened or shortened to intersect said existing westerly bank of the Fraser River and said existing easterly bank of Village Lake II. I, David R. Lutz do hereby certi, the results o �7 s �o 0 ao FS a g m a s go N David R. Lu z 'S 3 -17 -11 Colorado Prof ,al Land Surveyor i, 5586' L n LAO LEGAL DESCRIPTION sed land surveyor in the State of Colorado, al description and exhibit mop represents @flay me or under my direction. LEGAL DESCRIPTION EXHIBIT MAP SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6th P.M. 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±Ó·²±® ͬ®»»¬ Ø·¹¸»®óʱ øª°¸÷ TOWN OF FRASER RESOLUTION NO. 2011-09-03 A RESOLUTION DIRECTING THE TOWN MANAGER TO PURSUE IMPLEMENTATION OF A TRAFFIC SIGNAL AT FIRST STREET AND AUTHORIZING GRAND PARK TO SUBMIT MATERIALS TO THE COLORADO DEPARTMENT OF TRANSPORTATION ACCORDINGLY BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1.The Town Manager is hereby directed and authorized to work toward implementation of a traffic signal at First Street. 2.Grand Park is authorized to complete traffic generation studies and other work in support of an access permit application for the signal, and to submit such work to CDOT as approved by the Town Manager. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES st THIS 21DAYOF SEPTEMBER,2011. Votes in Favor: Votes Opposed: Absent: Abstained: BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO ( S E A L ) By: Mayor ATTEST: Town Clerk ISSUE: Upon adoption of the 2011 Water and Sewer Rate Schedule, it became apparent that there are mattersthat merit further consideration. 1.Our Zoning Regulations provide for Accessory Dwelling Units (ADUs) as conditional uses. These provisions were adopted to provide property owners with the ability to economically add attainable housing to our community and perhaps supplement their incomes.To date, only one ADU has been constructed under these provisions. However, staff has reason to believe that there are several units throughout the townthat may be considered as a grandfathered use (pending confirmation of the time when they were constructed) or may have been constructed illegally (without a conditional use permit or building permit). There are also several units that were constructed prior to the adoption of ADU provisions (where multi-family zoning exists), these units are charged based upon 1 Single Family Equivalent (SFE)(while ADUs are charged.35SFE). Essentially, consistency and equity are in question. 2.In order to ensure accurate implementation of the new rate structure, each account was reviewed to confirm proper application of the fee schedule. During this process, it became apparent that some accounts had been assessed improperly in the past and need to be adjusted to comply with the current rate structure. For example, one account that has 1SFE actually serves two (small) homes (thus is should have 2SFE), and we have no records as to why it does not have 2SFEs. How we address these situations has been another ongoingstaff discussion. 3.As neighbors talk with each other, and people look closely at their bills in these tough economic times, some questions have been brought to us calling into question whether all “single family dwelling units” should be assessed 1SFE (which is our current rate structure). Of particular concern are the very small units. There is a small structure on Norgren, for example, that is actually a duplex (two 500-600 square foot units). Another example would be the apartments above the Laundromatthat are probably 500 square feet and each assessed 1SFE. Of course, the new rate structure did not really change anything here, this is simply a line of inquiry that we’ve heard more of lately. It might also be noted that during rate development discussions, it was clear that our goal is to reduce the base rate over time which would help alleviate these concerns. However, our review of consumption patterns toward this goal is ongoing. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com It is worthy tonote that there are several general administrative issues involved with all of these matters. Enforcement of our Zoning and Building Regulations Equitable assessment of water and sewer service fees Cleaning up improper assessment/collection of Plant Investment Fees Inadequate/incomplete Town/SanitationDistrict records Staff originally brought a proposal to the Town Board for an ADU Cleanup Program. However, as we’ve worked on program development and discussed implementation we discovered that the there are additional concerns (as noted above) and additional options available to address these various matters. All of which have their own benefits and drawbacks. In the end, we believe that the Town Board needs to review the various alternatives, weigh them, and determine the most appropriate direction. The following is a summary of alternatives developed by Town Staff. Note that some can be blended together, and there may be other options that merit development/consideration. ALTERNATIVES andANALYSIS: Amnesty Program This is the clean slate approach. Notice would beprovided that non-compliant properties can be brought into compliance if they come forward within a given timeframe. After that time, any properties found to be non-compliant would be subject to full enforcement of the regulations, back charges, and penalties. In the case of ADUs, Units that qualify for ADU status could apply for an administrative change (subject to adoption of enabling regulations by the Town Board) and upon confirmation of qualifications, would be granted ADU status. Pros Avoids need for costly enforcement (staff time, legal expenses, discovery, etc). Avoids unrest in community, kinder/gentler approach. High participation rate would be expected. Avoids clogging up PC and TB with conditional use permits and complaints. Cons Is this fair to those who paid Plant Investment Fees and service fees? Does this reward rulebreakers? o Should all PIF and back charges be waived? o Reduced revenue collections in Water and Wastewater Funds. Implementation Requirements Ordinance amending ADU provisions in Zoning Ordinance to enable this process and possible amendments to fee structure. Notice regarding program Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Strict Application of the Town Code This is the “by the books” approach. Illegal units would be subject to enforcement actions to bring them into compliance. Properties with inadequate SFE status would be subject to account adjustment, backcharges, and payment of PIF at current rates. Pros The majority of properties which have “paid their dues” will not perceive that this “let’s rulebreakers off the hook.” The Water and Wastewater Funds will be “made whole.” Collection of application fees and penalties may help reduce costs of implementation. Cons This would involve costly (and uncertain) legal actions. As with all scenarios, accurate counts of affected properties is difficult to predict. This would not be popular within the community and may “tarnish”the Town image (within certain circles). Accurate collections of backcharges will be challenging given that lack of accurate historical records (pre-1999). The PC may see a surge of conditional use permits that may bog down their work. The conditional use permit process may allow neighbors to use the “heavy hand of government” to beat up their neighbor (even though the unit may have existed for many years). Implementation Requirements Town Board direction to staff to pursue such non-compliant properties. Identification and notice to properties. Research and identification of historic rate structures (or estimations for pre-98) Administrative processing of applications, PC and TB processes, and court action as necessary. Backbone. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com The Time Machine Program This program would attempt to identify when PIF should have been paid, and what the PIFwas at that time, and would remedy the matter via collection of the rate then in effect.This approach could be applied to any illegal units (developed without permits and/or payment of PIF). This approach could be a component of the “Amnesty Program” or blended with another approach. Pros Under this approach, all accounts will have arguably “paid their fair share.” Property owners that are required to pay PIF will be looking at more reasonable numbers (for example the PIF 10 years ago was much lower than today) and in today’s economy that may be more achievable (the alternative if unable to pay may be removal of the unit). Cons Our poor records may make it difficult to determine the timeframe on any such units…and even more concerning, may make it difficult to confirm whether or not any permits were issued and/or that no PIF was paid. Staff may have certain knowledge regarding a particular property that was developed illegally; However, we may be guessing on another which raises the question of consistency in enforcement/treatment. Implementation Requirements See Amnesty Program above, and other actions may be required pending program parameters. Also, some estimation of when things happened and applicable rates in effect at that time would be necessary. Rate Analysis 2012 Additional rate analysis is already in the workplan for 2012, but all the above matters could be deferred pending that work. Pros Additional data may be available. Cons Procrastination is rarely a good solution, and consumption patterns may require another year of evaluation prior to implementing any significant changes. Implementation Requirements Patience and diplomacy Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Establish a New Rate Classification for Small Apartments and/or Dwellings Rather than assess small apartments and dwelling units the same 1 SFE as all other dwelling units a lower rate could be established. This might reflect that small apartments often serve as home to single people or couples, rather than families (thus having a lower demand profile). Typically such units do not include yards and garages (and perhaps that could be part of the eligibility requirement). Pros Is this more equitable to such units? Would this help incentive such units, or least avoid discouraging them? Cons Is this fair to other single family dwelling units? Implementation Requirements Amendment tothe Water and Sewer SFE Schedule by ordinance. The No Action Alternative The classic NEPA alternative, that must be considered, and is rather obvious by virtue of its name. Pros Keeps the plate from flowing over, no additional resource expenditures. Cons Avoids the issues. Can we hold our head high knowing our customers have these issues without doing anything about it? Implementation Requirements Diplomacy Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Clerks Briefing September 21,2011 On the agenda you will see an application for an Art Gallery permit from Elizabeth Kurtak. This is the first permit of this type to come before the Board. A couple of years ago the State allowed art galleries to serve complimentary alcohol beverages at shows they were hosting. There are very few requirements needed for the art gallery to apply and receive a license. They need to submit an application, lease and floor plan. The State does not require a background check, public notice or posting of the property. The art gallery can serve at up to 15 shows per year, for duration of 4 hours per show. The license would need to be renewed every year from the date of issuance. Please let me know if you have any questions regarding this license application. I have received a revised lease from Los Nopales and have forwarded it to the State. If you have any questions, please give me a call. Lu Finance Update:09/21/2011 Prepared:09/15/2011 Your Financial Statements for August are included in your transmittals this week, along with the July Sales TaxReport. The Colorado Department of Revenue made the switch to their “New” revenue on line portalthis month–where I go to get my sales tax reports on a monthly basis. The State provided two opportunities for training on the new system, Grand Junction and Colorado Springs, but honestly I disregarded their e-mails as not that important. When I went to the new site, I was unable to get the reports downloaded completely, as was everyone else’s experience….now a couple of days later, and after e-mailing out incorrect/incomplete instructions to all the users, turns out the new system was also not working as the State was attempting to get all of us to use it, and we are now locked out for two days as they get it operating properly….this is one of those cases where government should have moved slower! Long story short, I know the amount of our July receipts since I got my notification from COLORTRUST, so I have inserted that numberin both the actual and the adjusted amounts for July–as soon as I can get to my on-line reports I will get the adjusted numbers loaded in the report. On a yearto date basis we are now running a little over $1600 dollars over last year’ssales tax collections! The good news is that we are up. It is the budget season, Jeff, Joe and I will be addressing any budget questions or concerns with thst and 21. I anticipate we will be on our way the other Districts ofthe JFOC next week on the 20 to finalizingall documents as presented, and can consider that portion of the budget process for the year complete. That will leave us all fresh to tackle the challenges set before you for the Town’s 2012 budget process. If any Board Member desires any one-on-one time for a budget refresher, or a question and answer session please let me know and we can get some time scheduled right away. As always pleasecontact me with any questions or concerns you might have: 726-5491 X206 or at nhavens@town.fraser.co.us. 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EQUIP REPLACEMENT FUND 32 ALLOCATION TO CAPITAL ASSET FUND 40 ALLOCATION TO DEBT SERVICE FUND 50 ALLOCATION TO WATER FUND 55 ALLOCATION TO WASTEWATER FUND 70 ALLOCATION TO PETERSEN TRUST TOTAL ALLOCATIONS TO OTHER FUNDS ALLOCATION FROM COMBINED CASH FUND 01 -10100 FOR ADMINISTRATION USE ONLY TOWN OF FRASER COMBINED CASH INVESTMENT AUGUST 31, 2011 80,506.98 6,909,797.88 6,990,304.86 6,990,304.86) TOTAL UNALLOCATED CASH .00 3,378,616.15 50,896.35 322,045.85 127,665.71 541, 754.89 532,924.67 2,018,633.20 17, 768.04 6,990,304.86 6,990,304.86) ZERO PROOF IF ALLOCATIONS BALANCE .00 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 1 ASSETS TOWN OF FRASER BALANCE SHEET AUGUST 31, 2011 GENERAL FUND 10 -10100 CASH COMBINED FUND 3,378,616.15 10 -11100 PROPERTY TAXES RECEIVABLE 268,139.00 10 -11550 ACCTS REC BILLINGS 50,892.24 10 -12000 ALLOWANCE FOR DOUBTFUL ACCTS. 24,765.80) TOTAL ASSETS 3,672,881.59 LIABILITIES AND EQUITY LIABILITIES 10 -21730 STATE WITHHOLDING PAYABLE 2,337.00 10 -21740 UNEMPLOYMENT TAXES PAYABLE 472.88 10 -21760 HEALTH INSURANCE PAYABLE 1,461.08 10 -21773 DEPENDENT CARE PAYABLE 1,714.55) 10 -21775 FLEX HEALTH PLAN PAYABLE 6,778.20 10 -22210 DEFERRED TAXES 268,139.35 10 -22920 SUBDIVISION IMP SECURITY DEP 91,737.06 10 -22930 DRIVEWAY PERMIT SURETY 3,500.00 10 -22940 PRE ANNEXATION DEPOSIT BPR 10,000.00 TOTAL LIABILITIES 382,711.02 FUND EQUITY 10 -27000 RESFUND BAL SAVINGS 750,000.00 10 -27100 RESTRICTED FUND BALANCE 223,805.00 UNAPPROPRIATED FUND BALANCE: 10 -29800 FUND BALANCE BEGINNING OF YR REVENUE OVER EXPENDITURES YTD BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY FOR ADMINISTRATION USE ONLY 2,228,062.26 88,303.31 2,316,365.57 3,290,170.57 3,672,881.59 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 2 TAXES 10 -31 -100 GENERAL FUND PROPERTY TAX 10 -31 -200 SPECIFIC OWNERSHIP TAX 10 -31 -300 MOTOR VEHICLE TAX 10 -31 -400 TOWN SALES TAX 10 -31 -410 USE TAX BUILDING MATERIALS 10 -31 -420 USE TAX MOTOR VEHICLE SALES 10 -31 -430 STATE CIGARETTE TAX 10 -31 -800 FRANCHISE FEES TOTAL TAXES LICENSES PERMITS CHARGES FOR SERVICES TOTAL CHARGES FOR SERVICES MISCELLANEOUS REVENUE 10 -36 -100 INTEREST EARNINGS 10 -36 -300 RENTAL INCOME 10 -36 -610 REIMBURSABLE PROF SERVICES 10 -36 -900 MISCELLANEOUS REVENUE OTHER SOURCES TRANSFERS 10 -39 -900 TRANSFERS IN FROM OTHER FUNDS 10 -39 -999 CARRYOVER BALANCE TOTAL OTHER SOURCES TRANSFERS TOTAL FUND REVENUE FOR ADMINISTRATION USE ONLY TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 GENERAL FUND TOTAL MISCELLANEOUS REVENUE 4,773.06 PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 6,951.02 261,593.65 250,000.00 11,593.65) 104.6 849.97 5,280.62 8,000.00 2,719.38 66.0 398.50 2,407.00 4,000.00 1,593.00 60.2 114,267.78 734,565.20 1,550,000.00 815,434.80 47.4 47,533.75 79,007.47 15,000.00 64,007.47) 526.7 4,837.67 23,312.10 20,000.00 3,312.10) 116.6 438.70 2,484.67 6,500.00 4,015.33 38.2 1,040.87 25,558.99 40,000.00 14,441.01 63.9 176,318.26 1,134,209.70 1,893,500.00 759,290.30 59.9 10 -32 -100 BUSINESS LICENSE FEES 40.00) 10,420.00 13,000.00 2,580.00 80.2 10 -32 -110 LIQUOR LICENSE FEES 1,075.00 4,648.75 1,500.00 3,148.75) 309.9 TOTAL LICENSES PERMITS 1,035.00 15,068.75 14,500.00 568.75) 103.9 10 -34 -100 ANNEXATION FEES .00 .00 1,000.00 1,000.00 .0 10 -34 -110 ZONING FEES .00 22,171.45 1,500.00 20,671.45) 1478.1 10 -34 -120 SUBDIVISION FEES .00 900.00 1,500.00 600.00 60.0 10 -34 -130 MISCELLANEOUS PLANNING FEES 40.00 580.00 1,000.00 420.00 58.0 40.00 23,651.45 219.46 950.00 2,044.61 1,558.99 2,606.65 8,295.00 43,366.77 26,083.96 182,166.32 1,253,282.28 80,352.38 127,000.00 5,000.00 18,651.45) 473.0 8,000.00 9,000.00 75,000.00 35,000.00 5,393.35 32.6 705.00 92.2 31,633.23 57.8 8,916.04 74.5 46,647.62 63.3 .00 .00 50,000.00 50,000.00 .0 .00 .00 2,167,405.00 2,167,405.00 .0 .00 .00 2,217,405.00 2,217,405.00 .0 4,257,405.00 3,004,122.72 29.4 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 3 TOWN BOARD TOTAL TOWN BOARD FOR ADMINISTRATION USE ONLY TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 10 -41 -110 SALARIES .00 11,530.00 26,000.00 14,470.00 44.4 10 -41 -220 FICA TAX .00 882.06 1,989.00 1,106.94 44.4 10 -41 -280 TRAINING PROGRAMS .00 574.67 2,000.00 1,425.33 28.7 10 -41 -290 TRAVEL, MEALS AND LODGING .00 762.35 3,000.00 2,237.65 25.4 10 -41 -295 MEALS AND ENTERTAINMENT 212.03 1,978.54 6,000.00 4,021.46 33.0 10 -41 -690 MISCELLANEOUS EXPENSE .00 86.91 2,500.00 2,413.09 3.5 10 -41 -860 GRANTS AND AID TO AGENCIES .00 .00 2,500.00 2,500.00 .0 10 -41 -861 INTERGOVERNMENTAL AGREEMENTS .00 9,000.00 15,000.00 6,000.00 60.0 10 -41 -862 FRASER/WINTER PARK POLICE DEPT 31,528.00 252,224.00 375,000.00 122,776.00 67.3 10 -41 -863 STREET LIGHTING AND SIGNALS 964.11 7,806.78 18,000.00 10,193.22 43.4 10 -41 -864 SPECIAL EVENTS .00 .00 10,000.00 10,000.00 .0 10 -41 -866 WOOD STOVE REBATES .00 .00 1,000.00 1,000.00 .0 10 -41 -867 CHAMBER OF COMMERCE IGA 31,336.53 41,961.02 51,615.00 9,653.98 81.3 10 -41 -868 WINTER SHUTTLE IGA .00 37,925.58 48,000.00 10,074.42 79.0 10 -41 -870 BUSINESS DISTSTREETSCAPE .00 415.00 .00 415.00) .0 10 -41 -871 BUSINESS ENHANCEMENT PROGRAMS .00 4,654.00 15,000.00 10,346.00 31.0 64,040.67 369,800.91 577,604.00 207,803.09 64.0 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 4 ADMINISTRATION TOTAL ADMINISTRATION FOR ADMINISTRATION USE ONLY TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 10 -45 -110 SALARIES 14,578.98 123,921.33 215,250.00 91,328.67 57.6 10 -45 -210 HEALTH INSURANCE 2,782.30 20,911.46 40,482.00 19,570.54 51.7 10 -45 -220 FICA TAX 1,034.78 8,771.99 16,467.00 7,695.01 53.3 10 -45 -230 RETIREMENT 572.38 4,865.23 8,610.00 3,744.77 56.5 10 -45 -250 UNEMPLOYMENT TAX 43.72 371.62 646.00 274.38 57.5 10 -45 -280 TRAINING PROGRAMS .00 255.00 4,000.00 3,745.00 6.4 10 -45 -290 TRAVEL, MEALS AND LODGING .00 .00 4,000.00 4,000.00 .0 10 -45 -295 MEALS AND ENTERTAINMENT 173.33 1,705.22 3,000.00 1,294.78 56.8 10 -45 -310 LEGAL FEES .00 37,359.40 50,000.00 12,640.60 74.7 10 -45 -320 AUDIT FEES .00 14,370.00 18,000.00 3,630.00 79.8 10 -45 -330 ENGINEERING FEES .00 3,005.29 5,000.00 1,994.71 60.1 10 -45 -360 COMPUTERS NETWORKS AND SUPPORT 1,913.45 16,112.12 30,000.00 13,887.88 53.7 10 -45 -370 OTHER PROFESSIONAL SERVICES 2,000.00 11,988.00 40,000.00 28,012.00 30.0 10 -45 -375 REIMBURSABLE PROF SERVICES 120.00 9,468.43 75,000.00 65,531.57 12.6 10 -45 -380 JANITORIAL SERVICES 791.79 4,990.25 13,125.00 8,134.75 38.0 10 -45 -385 TREASURERS FEES 139.02 5,233.21 7,500.00 2,266.79 69.8 10 -45 -395 RECORDING FEES .00 .00 1,000.00 1,000.00 .0 10 -45 -410 BANK CHARGES 36.00 427.80 600.00 172.20 71.3 10 -45 -420 ELECTIONS .00 .00 2,500.00 2,500.00 .0 10 -45 -430 INSURANCE -ALL DEPARTMENTS .00 60,083.13 48,000.00 12,083.13) 125.2 10 -45 -440 ADVERTISING 267.83 503.47 1,500.00 996.53 33.6 10 -45 -490 PROFESSIONAL MEMBERSHIPS .00 5,297.49 7,500.00 2,202.51 70.6 10 -45 -500 OPERATING SUPPLIES 475.39 6,602.99 16,000.00 9,397.01 41.3 10 -45 -510 EQUIPMENT PURCHASE AND REPAIR .00 560.15 20,000.00 19,439.85 2.8 10 -45 -550 POSTAGE 6.72 935.18 3,000.00 2,064.82 31.2 10 -45 -560 UTILITIES TELEPHONE 249.92 3,283.39 8,500.00 5,216.61 38.6 10 -45 -561 UTILITIES NATURAL GAS 147.78 2,538.84 6,200.00 3,661.16 41.0 10 -45 -562 UTILITIES ELECTRICITY 402.59 3,322.79 7,000.00 3,677.21 47.5 10 -45 -569 UTILITIES TRASH REMOVAL 50.00 688.94 2,000.00 1,311.06 34.5 10 -45 -670 PROP MGMT- 117 EISENHOWER DR 681.63 8,541.30 25,000.00 16,458.70 34.2 10 -45 -671 PROP MGMT 105 FRASER AVE 2,751.07 2,899.90 1,000.00 1,899.90) 290.0 10 -45 -673 PROP MGMT 153 FRASER AVE 1,070.00 4,894.74 12,000.00 7,105.26 40.8 10 -45 -674 PROP MGMT- 200 EISENHOWER DR 59.08 1,277.59 2,000.00 722.41 63.9 10 -45 -676 PROP MGMT- 400 DOC SUSIE AVE .00 .00 1,000.00 1,000.00 .0 10 -45 -690 MISCELLANEOUS EXPENSE .00 16.17 5,000.00 4,983.83 .3 10 -45 -810 LEASE /PURCHASE PRINCIPAL 8,425.54 50,455.96 50,455.00 .96) 100.0 10 -45 -820 LEASE /PURCHASE INTEREST 10,761.34 23,150.57 23,150.00 .57) 100.0 49,534.64 438,808.95 774,485.00 335,676.05 56.7 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 5 PUBLIC WORKS TOTAL PUBLIC WORKS WALK THROUGH HISTORY PARK TOTAL WALK THROUGH HISTORY PARK FOR ADMINISTRATION USE ONLY TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 10 -60 -110 SALARIES 24,615.96 189,534.98 346,500.00 156,965.02 54.7 10 -60 -210 HEALTH INSURANCE 4,457.63 33,455.65 60,000.00 26,544.35 55.8 10 -60 -220 FICA TAX 1,783.38 13,617.87 26,507.00 12,889.13 51.4 10 -60 -230 RETIREMENT 799.60 6,979.83 13,860.00 6,880.17 50.4 10 -60 -250 UNEMPLOYMENT TAX 73.84 568.54 1,040.00 471.46 54.7 10 -60 -280 TRAINING PROGRAMS 178.13 656.02 2,000.00 1,343.98 32.8 10 -60 -290 TRAVEL, MEALS AND LODGING .00 115.09 2,000.00 1,884.91 5.8 10 -60 -295 MEALS AND ENTERTAINMENT .00 160.32 500.00 339.68 32.1 10 -60 -330 ENGINEERING FEES .00 9,182.25 20,000.00 10,817.75 45.9 10 -60 -370 OTHER PROFESSIONAL SERVICES 760.00 1,007.00 2,500.00 1,493.00 40.3 10 -60 -475 CONTRACT SNOW REMOVAL .00 2,840.00 .00 2,840.00) .0 10 -60 -480 EQUIPMENT RENTAL .00 .00 5,000.00 5,000.00 .0 10 -60 -490 PROFESSIONAL MEMBERSHIPS .00 240.00 500.00 260.00 48.0 10 -60 -500 OPERATING SUPPLIES 8,783.81 46,527.22 65,000.00 18,472.78 71.6 10 -60 -506 PLANTS /PLANTER SUPPLIES 265.79 4,619.91 10,000.00 5,380.09 46.2 10 -60 -510 EQUIPMENT PURCHASE AND REPAIR 508.76 19,171.17 40,000.00 20,828.83 47.9 10 -60 -560 UTILITIES TELEPHONE 42.29 1,019.29 3,000.00 1,980.71 34.0 10 -60 -561 UTILITIES NATURAL GAS 34.07 3,152.79 7,500.00 4,347.21 42.0 10 -60 -562 UTILITIES ELECTRICITY 123.58 1,109.65 3,500.00 2,390.35 31.7 10 -60 -569 UTILITIES TRASH REMOVAL 108.44 535.96 2,500.00 1,964.04 21.4 10 -60 -670 PROP MGMT 125 FRASER AVE 40.24 445.27 5,000.00 4,554.73 8.9 10 -60 -673 PROP MGMT- FRASER RIVER TRAIL .00 .00 35,000.00 35,000.00 .0 10 -60 -674 PROP MGMT HWY 40 PEDESTRIAN .00 .00 5,000.00 5,000.00 .0 10 -60 -676 PROP MGMT OLD SCHLHOUSE PK 45.00 132.50 500.00 367.50 26.5 10 -60 -678 PROP MGMT WALK THRU HIST PRK .00 .00 5,000.00 5,000.00 .0 10 -60 -679 PROP MGMT SCHOOL BUS GARAGE 68.07 4,198.83 8,000.00 3,801.17 52.5 10 -60 -680 PROP MGMT GARDNER SHED .00 40.00 .00 40.00) .0 10 -60 -681 PROP MGMT COZENS RANCH PARK 500.00 2,530.37 10,000.00 7,469.63 25.3 10 -60 -682 PROP MGMT AMTRAK STATION .00 .00 1,500.00 1,500.00 .0 10 -60 -683 PROP MGMT- PTARMIGAN OS 360.00 360.00 1,500.00 1,140.00 24.0 10 -60 -684 PROP MGMT FRODO .00 .00 2,500.00 2,500.00 .0 10 -60 -690 MISCELLANEOUS EXPENSE .00 1,462.50 5,000.00 3,537.50 29.3 10 -60 -725 STREET IMPROVEMENTS 1,522.39 11,863.05 10,000.00 1,863.05) 118.6 45,070.98 355,526.06 700,907.00 345,380.94 50.7 10 -65 -370 OTHER PROFESSIONAL SERVICES 80.00 160.00 .00 160.00) .0 10 -65 -380 JANITORIAL SERVICES 120.00 120.00 .00 120.00) .0 10 -65 -560 UTILITIES TELEPHONE 40.24 321.84 1,000.00 678.16 32.2 10 -65 -561 UTILITIES NATURAL GAS 135.58 135.58 .00 135.58) .0 10 -65 -562 UTILITIES ELECTRICITY .00 105.63 .00 105.63) .0 10 -65 -670 PROP MGMT 120 ZEREX .00 .00 2,000.00 2,000.00 .0 375.82 843.05 3,000.00 2,156.95 28.1 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 6 TRANSFERS TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 10 -90 -920 TRANSFER TO CERF POLICE DEPT .00 .00 35,000.00 35,000.00 .0 10 -90 -930 TRANSFER TO CERF PUBLICWORKS .00 .00 50,000.00 50,000.00 .0 10 -90 -935 TRANSFER TO CAF .00 .00 100,000.00 100,000.00 .0 10 -90 -940 TRANSFER TO DEBT SERVICE FUND .00 .00 247,250.00 247,250.00 .0 10 -90 -950 TRANSFER TO WATER FUND .00 .00 23,000.00 23,000.00 .0 10 -90 -960 TRANSFER TO FREP .00 .00 50,000.00 50,000.00 .0 TOTAL TRANSFERS .00 .00 505,250.00 505,250.00 .0 TOTAL FUND EXPENDITURES 159,022.11 1,164,978.97 2,561,246.00 1,396,267.03 45.5 NET REVENUE OVER EXPENDITURES 23,144.21 88,303.31 1,696,159.00 1,607,855.69 5.2 FOR ADMINISTRATION USE ONLY 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 7 ASSETS 20 -10100 CASH COMBINED FUND 50,896.35 TOTAL ASSETS 50,896.35 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 20 -29800 FUND BALANCE BEGINNING OF YR REVENUE OVER EXPENDITURES YTD BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET AUGUST 31, 2011 CONSERVATION TRUST FUND 48,477.36 2,418.99 50,896.35 50,896.35 50,896.35 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 8 REVENUE TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 CONSERVATION TRUST FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 20 -30 -100 CONS TRUST (LOTTERY) PROCEEDS .00 2,379.90 5,900.00 3,520.10 40.3 20 -30 -800 INTEREST EARNINGS 3.13 39.09 60.00 20.91 65.2 20 -30 -999 CARRYOVER BALANCE .00 .00 49,388.00 49,388.00 .0 TOTAL REVENUE 3.13 2,418.99 55,348.00 52,929.01 4.4 TOTAL FUND REVENUE 3.13 2,418.99 55,348.00 52,929.01 4.4 FOR ADMINISTRATION USE ONLY 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 9 EXPENDITURES 20 -40 -910 TRANSFER TO GENERAL FUND TOTAL EXPENDITURES TOTAL FUND EXPENDITURES NET REVENUE OVER EXPENDITURES FOR ADMINISTRATION USE ONLY TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 CONSERVATION TRUST FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT .00 .00 50,000.00 50,000.00 .0 .00 .00 50,000.00 50,000.00 .0 .00 .00 50,000.00 50,000.00 .0 3.13 2,418.99 5,348.00 2,929.01 45.2 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 10 ASSETS 30 -10100 CASH COMBINED FUND 322,045.85 TOTAL ASSETS 322,045.85 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 30 -29800 FUND BALANCE BEGINNING OF YR REVENUE OVER EXPENDITURES YTD BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET AUGUST 31, 2011 CAPITAL EQUIP REPLACEMENT FUND 295,849.48 26,196.37 322,045.85 322,045.85 322,045.85 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 11 REVENUE TOTAL FUND REVENUE FOR ADMINISTRATION USE ONLY TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 CAPITAL EQUIP REPLACEMENT FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 30 -30 -100 HWY USE TAX PROCEEDS 3,908.19 25,946.50 42,420.00 16,473.50 61.2 30 -30 -800 INTEREST EARNINGS 20.55 249.87 550.00 300.13 45.4 30 -30 -900 TRANSFER FROM G/F POLICEDEPT .00 .00 35,000.00 35,000.00 .0 30 -30 -910 TRANSFER FROM G/F PUBLICWORK .00 .00 50,000.00 50,000.00 .0 30 -30 -920 TRANSFER FROM UTILITY FUNDS .00 .00 20,000.00 20,000.00 .0 30 -30 -999 CARRYOVER BALANCE .00 .00 292,518.00 292,518.00 .0 TOTAL REVENUE 3,928.74 26,196.37 440,488.00 414,291.63 6.0 3,928.74 26,196.37 440,488.00 414,291.63 6.0 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 12 EXPENDITURES TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 CAPITAL EQUIP REPLACEMENT FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 30 -40 -745 PUBLIC SAFETY FLEET PURCHASE .00 .00 35,000.00 35,000.00 .0 30 -40 -750 REGULAR FLEET PURCHASE .00 .00 15,000.00 15,000.00 .0 30 -40 -755 HEAVY EQUIPMENT PURCHASE .00 .00 15,000.00 15,000.00 .0 TOTAL EXPENDITURES .00 .00 65,000.00 65,000.00 .0 TOTAL FUND EXPENDITURES .00 .00 65,000.00 65,000.00 .0 NET REVENUE OVER EXPENDITURES 3,928.74 26,196.37 375,488.00 349,291.63 7.0 FOR ADMINISTRATION USE ONLY 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 13 ASSETS TOWN OF FRASER BALANCE SHEET AUGUST 31, 2011 CAPITAL ASSET FUND 32 -10100 CASH COMBINED FUND 127,665.71 TOTAL ASSETS 127,665.71 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 32 -29800 FUND BALANCE BEGINNING OF YR 150,586.08 REVENUE OVER EXPENDITURES YTD 22,920.37) BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY FOR ADMINISTRATION USE ONLY 127,665.71 127,665.71 127,665.71 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 14 CAPITAL ASSET REVENUE FOR ADMINISTRATION USE ONLY TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 CAPITAL ASSET FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 32 -30 -800 INTEREST EARNINGS 9.83 124.59 375.00 250.41 33.2 32 -30 -910 TRANSFER IN FROM GENERAL FUND .00 .00 100,000.00 100,000.00 .0 32 -30 -999 CARRYOVER FUND BALANCE .00 .00 150,575.00 150,575.00 .0 TOTAL CAPITAL ASSET REVENUE 9.83 124.59 250,950.00 250,825.41 .1 TOTAL FUND REVENUE 9.83 124.59 250,950.00 250,825.41 .1 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 15 CAPITAL ASSET EXPENDITURES NET REVENUE OVER EXPENDITURES FOR ADMINISTRATION USE ONLY TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 CAPITAL ASSET FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 32 -40 -810 CAPITAL PROJ- STREETS EXISTING 23,210.00 23,044.96 250,000.00 226,955.04 9.2 TOTAL CAPITAL ASSET EXPENDITURES 23,210.00 23,044.96 250,000.00 226,955.04 9.2 TOTAL FUND EXPENDITURES 23,210.00 23,044.96 250,000.00 226,955.04 9.2 23,200.17) 22,920.37) 950.00 23,870.37 (2412. 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 16 INTERGOVERNMENTAL REVENUE 35 -30 -100 GRANTS AND AWARDS 35 -30 -910 TRANSFER IN FROM GENERAL FUND TOTAL INTERGOVERNMENTAL REVENUE TOTAL FUND REVENUE FOR ADMINISTRATION USE ONLY TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 FREP FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT .00 .00 610,000.00 610,000.00 .0 .00 .00 50,000.00 50,000.00 .0 .00 .00 660,000.00 660,000.00 .0 .00 .00 660,000.00 660,000.00 .0 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 17 TOWN OF FRASER EXPENSES TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 FREP FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 35 -50 -440 F/WP TRAIL LINK CONSTRUCTION .00 .00 260,000.00 260,000.00 .0 35 -50 -450 LIONS FISH PONDS IMPROVEMENTS .00 .00 400,000.00 400,000.00 .0 TOTAL TOWN OF FRASER EXPENSES .00 .00 660,000.00 660,000.00 .0 TOTAL FUND EXPENDITURES .00 .00 660,000.00 660,000.00 .0 NET REVENUE OVER EXPENDITURES .00 .00 .00 .00 .0 FOR ADMINISTRATION USE ONLY 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 18 ASSETS TOWN OF FRASER BALANCE SHEET AUGUST 31, 2011 DEBT SERVICE FUND 40 -10100 CASH COMBINED FUND 541,754.89 40 -11100 PROPERTY TAXES RECEIVABLE 80,000.00 TOTAL ASSETS 621,754.89 LIABILITIES AND EQUITY LIABILITIES 40 -22210 DEFERRED PROPERTY TAXES TOTAL LIABILITIES FUND EQUITY 80,000.00 40 -27000 RESFUND BAL -1 YEARS PAYMENT 300,000.00 40 -27100 RESTRICTED FUND BALANCE 379,358.00 UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES YTD 137,603.11) BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY FOR ADMINISTRATION USE ONLY 137,603.11) 80,000.00 541,754.89 621,754.89 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 19 REVENUE TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 DEBT SERVICE FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 40 -30 -100 PROPERTY TAX 2,074.02 78,052.42 80,000.00 1,947.58 97.6 40 -30 -200 SPECIFIC OWNERSHIP TAX 253.61 1,585.31 4,000.00 2,414.69 39.6 40 -30 -800 INTEREST EARNINGS 35.30 533.75 3,500.00 2,966.25 15.3 40 -30 -910 TRANSFER IN FROM GENERAL FUND .00 .00 247,250.00 247,250.00 .0 TOTAL REVENUE 2,362.93 80,171.48 334,750.00 254,578.52 24.0 TOTAL FUND REVENUE 2,362.93 80,171.48 334,750.00 254,578.52 24.0 FOR ADMINISTRATION USE ONLY 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 20 EXPENDITURES TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 DEBT SERVICE FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 40 -40 -385 TREASURER'S FEES GO BOND 41.48 1,561.46 2,000.00 438.54 78.1 40 -40 -810 BOND PRINCIPAL 02 S &U ISSUE .00 25,000.00 25,000.00 .00 100.0 40 -40 -811 BOND PRINCIPAL 98 GO ISSUE .00 .00 35,000.00 35,000.00 .0 40 -40 -812 BOND PRINCIPAL 98 S &U ISSUE .00 140,000.00 140,000.00 .00 100.0 40 -40 -820 BOND INTEREST 02 S &U ISSUE .00 5,600.00 15,856.00 10,256.00 35.3 40 -40 -821 BOND INTEREST 98 GO ISSUE .00 7,928.13 13,976.00 6,047.87 56.7 40 -40 -822 BOND INTEREST 98 S &U ISSUE .00 37,085.00 70,565.00 33,480.00 52.6 40 -40 -850 BOND AGENT FEES .00 600.00 2,500.00 1,900.00 24.0 40 -40 -910 TRANSFER TO DSF RESERVES .00 .00 29,853.00 29,853.00 .0 TOTAL EXPENDITURES 41.48 217,774.59 334,750.00 116,975.41 65.1 TOTAL FUND EXPENDITURES 41.48 217,774.59 334,750.00 116,975.41 65.1 NET REVENUE OVER EXPENDITURES 2,321.45 137,603.11) .00 137,603.11 .0 FOR ADMINISTRATION USE ONLY 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 21 ASSETS 50 -10100 CASH COMBINED FUND 532,924.67 50 -11500 NR CUSTOMER SERVICE CHARGES 13,829.87 50 -11550 NR BILLINGS 20.00 50 -11600 NR FOX RUN -GRAND CO HOUSING 31,800.00 50 -16100 LAND 100,000.00 50 -16200 BUILDINGS 2,915,858.49 50 -16203 WELLS SYSTEM 768,371.74 50 -16212 WATER DISTRIBUTION /STORAGE 9,845,211.82 50 -16213 WELLS 1,063,119.43 50 -16400 EQUIPMENT 239,923.02 50 -16500 WATER RIGHTS 19,775.86 50 -17900 ACCUMULATED DEPRECIATION 2,725,428.67) TOTAL ASSETS 12,805,406.23 LIABILITIES AND EQUITY LIABILITIES 50 -20775 DUE TO RENDEZVOUS TAPS 50 -20776 DUE TO GRAND PARK TAPS 50 -21100 ACCRUED PTO AND BENEFITS 50 -22910 ROAD CUT SURITY FEES TOTAL LIABILITIES 65,827.99 FUND EQUITY 50 -27000 RESFUND BAL 0 M 100,000.00 UNAPPROPRIATED FUND BALANCE: 50 -29800 RETAINED EARNINGS REVENUE OVER EXPENDITURES YTD BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET AUGUST 31, 2011 WATER FUND 12,596,650.23 42,928.01 23,100.00 15,400.00 8,138.49 19,189.50 12,639,578.24 12,739,578.24 12,805,406.23 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 22 LICENSES PERMITS 50 -32 -100 EXCAVATION PERMIT FEES TOTAL LICENSES PERMITS CHARGES FOR SERVICES TOTAL CHARGES FOR SERVICES MISCELLANEOUS REVENUE 50 -36 -100 INTEREST EARNINGS 50 -36 -900 MISCELLANEOUS REVENUE TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 WATER FUND TOTAL MISCELLANEOUS REVENUE 108.51 OTHER SOURCES TRANSFERS TOTAL FUND REVENUE FOR ADMINISTRATION USE ONLY PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 275.00 275.00 275.00 275.00 50 -34 -100 CUSTOMER SERVICE CHARGES .00 301,211.50 604,359.00 303,147.50 49.8 50 -34 -150 PENALTIES INTEREST 222.97) 4,212.03 1,000.00 3,212.03) 421.2 50 -34 -200 PLANT INVESTMENT FEES .00 .00 8,000.00 8,000.00 .0 50 -34 -300 WATER METER SALES 2,890.00 5,780.00 1,000.00 4,780.00) 578.0 2,667.03 311,203.53 614,359.00 303,155.47 50.7 33.51 75.00 337.58 3,745.60 3,050.54 315,561.71 1,000.00 5,000.00 4,083.18 6,000.00 200.00 75.00) 137.5 200.00 75.00) 137.5 662.42 33.8 1,254.40 74.9 1,916.82 68.1 50 -39 -999 CARRYOVER BALANCE .00 .00 299,665.00 299,665.00 .0 TOTAL OTHER SOURCES TRANSFERS .00 .00 299,665.00 299,665.00 .0 920,224.00 604,662.29 34.3 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 23 EXPENDITURES TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 50 -40 -110 SALARIES 13,491.34 124,243.01 199,500.00 75,256.99 62.3 50 -40 -210 HEALTH INSURANCE 3,114.37 23,345.50 44,800.00 21,454.50 52.1 50 -40 -220 FICA TAX 947.22 8,700.42 15,262.00 6,561.58 57.0 50 -40 -230 RETIREMENT 536.42 4,891.30 7,980.00 3,088.70 61.3 50 -40 -250 UNEMPLOYMENT TAX 40.53 370.45 599.00 228.55 61.8 50 -40 -280 TRAINING PROGRAMS .00 592.11 3,000.00 2,407.89 19.7 50 -40 -290 TRAVEL, MEALS AND LODGING .00 875.21 3,000.00 2,124.79 29.2 50 -40 -295 MEALS AND ENTERTAINMENT 47.35 183.42 2,000.00 1,816.58 9.2 50 -40 -310 LEGAL FEES .00 41,803.55 35,000.00 6,803.55) 119.4 50 -40 -330 ENGINEERING FEES .00 1,560.00 40,000.00 38,440.00 3.9 50 -40 -360 COMPUTERS NETWORKS AND SUPPORT 1,452.00 3,138.99 15,000.00 11,861.01 20.9 50 -40 -370 OTHER PROFESSIONAL SERVICES 36.23 132.01 15,000.00 14,867.99 .9 50 -40 -430 INSURANCE .00 .00 20,000.00 20,000.00 .0 50 -40 -440 ADVERTISING .00 .00 500.00 500.00 .0 50 -40 -460 SYSTEM REPAIR AND MAINT PROD .00 443.51 30,000.00 29,556.49 1.5 50 -40 -465 SYSTEM REPAIR AND MAINT DIST 2,950.00 5,098.12 30,000.00 24,901.88 17.0 50 -40 -490 PROFESSIONAL MEMBERSHIPS .00 2,227.00 8,000.00 5,773.00 27.8 50 -40 -500 OPERATING SUPPLIES PRODUCTION 416.24 5,080.47 30,000.00 24,919.53 16.9 50 -40 -505 OPERATING SUPPLIES DISTRIB 307.58 5,297.02 25,000.00 19,702.98 21.2 50 -40 -510 EQUIPMENT PURCHASE AND REPAIR .00 .00 5,000.00 5,000.00 .0 50 -40 -520 TESTING .00 360.00 3,000.00 2,640.00 12.0 50 -40 -550 POSTAGE BILLING SUPPLIES 300.00 982.33 3,500.00 2,517.67 28.1 50 -40 -560 UTILITIES TELEPHONE 199.47 1,798.68 5,500.00 3,701.32 32.7 50 -40 -562 UTILITIES ELECTRICITY 3,000.32 21,266.79 45,000.00 23,733.21 47.3 50 -40 -670 PROP MGMT FRASER WTP .00 .00 6,000.00 6,000.00 .0 50 -40 -680 PROP MGMT MARYVALE WTP .00 .00 6,000.00 6,000.00 .0 50 -40 -690 MISCELLANEOUS EXPENSE .00 210.58 1,000.00 789.42 21.1 50 -40 -715 WATER RIGHTS DIVERSION DEV 5,838.74 20,033.23 35,000.00 14,966.77 57.2 50 -40 -730 CAPITAL PROJECTS .00 .00 100,000.00 100,000.00 .0 50 -40 -930 TRANSFER TO CERF .00 .00 10,000.00 10,000.00 .0 50 -40 -970 TRANSFER TO O &M RESERVES .00 .00 100,000.00 100,000.00 .0 TOTAL EXPENDITURES 32,677.81 272,633.70 844,641.00 572,007.30 32.3 TOTAL FUND EXPENDITURES 32,677.81 272,633.70 844,641.00 572,007.30 32.3 NET REVENUE OVER EXPENDITURES 29,627.27) 42,928.01 75,583.00 32,654.99 56.8 FOR ADMINISTRATION USE ONLY 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 24 ASSETS LIABILITIES AND EQUITY LIABILITIES FUND EQUITY BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET AUGUST 31, 2011 WASTEWATER FUND 55 -10100 CASH COMBINED FUND 2,018,633.20 55 -11500 NR CUSTOMER SERVICE CHARGES 12,188.81 55 -11900 MISCELLANEOUS RECEIVABLES .17) 55 -15950 CAP REPL RES HELD W /JFOC 728,241.00 55 -15955 O &M RESERVE HELD W /JFOC 51,185.92 55 -16100 LAND 144,320.40 55 -16200 SEWER TREATMENT PLANT 3,207,369.16 55 -16210 METER BUILDING IMPROVEMENTS 8,056.39 55 -16220 SEWER COLLECTION SYSTEM 10,620,070.80 55 -16250 CONSOLIDATED COLLECTION SYSTEM 279,069.00 55 -16400 EQUIPMENT 71,492.50 55 -17900 ACCUMULATED DEPRECIATION 556,734.72) 55 -17905 ACCUM DEPR PLANT /JFOC 34,882.44) 55 -17910 ACCUM DEPR SEWER COLLECT -FSD 2,239,500.35) 55 -17915 ACCUM DEPR- EQUIPMENT 71,492.81) TOTAL ASSETS 14,238,016.69 55 -20210 ACCRUED A/P AUDIT 12,600.00 55 -20810 DUE TO GENERAL FUND 115.00) 55 -21100 ACCRUED PTO AND BENEFITS 6,754.71 TOTAL LIABILITIES 19,239.71 UNAPPROPRIATED FUND BALANCE: 55 -29800 RETAINED EARNINGS 13,700,798.29 55 -29810 RETAINED EARNINGS UNRESTRICT 53,572.01) 55 -29820 RETAINED EARNINGS RESTRICTED 654,109.00 REVENUE OVER EXPENDITURES YTD 82,558.30) 14,218,776.98 14,218,776.98 14,238,016.69 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 25 CHARGES FOR SERVICES TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 WASTEWATER FUND 55 -34 -100 CUSTOMER SERVICE CHARGES .00 302,646.87 606,532.00 303,885.13 49.9 55 -34 -150 PENALTIES INTEREST 229.01) 1,722.53 1,000.00 722.53) 172.3 55 -34 -200 PLANT INVESTMENT FEES 37,500.00 67,500.00 15,000.00 52,500.00) 450.0 TOTAL CHARGES FOR SERVICES 37,270.99 371,869.40 622,532.00 250,662.60 59.7 MISCELLANEOUS REVENUE PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 55 -36 -100 INTEREST EARNINGS 130.01 1,714.03 4,000.00 2,285.97 42.9 55 -36 -500 JFOC MANAGEMENT FEE .00 14,211.00 28,420.00 14,209.00 50.0 55 -36 -900 MISCELLANEOUS REVENUE .00 .00 1,500.00 1,500.00 .0 TOTAL MISCELLANEOUS REVENUE 130.01 15,925.03 33,920.00 17,994.97 47.0 OTHER SOURCES TRANSFERS 55 -39 -999 CARRYOVER BALANCE .00 .00 2,059,409.00 2,059,409.00 .0 TOTAL OTHER SOURCES TRANSFERS .00 .00 2,059,409.00 2,059,409.00 .0 TOTAL FUND REVENUE FOR ADMINISTRATION USE ONLY 37,401.00 387,794.43 2,715,861.00 2,328,066.57 14.3 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 26 EXPENDITURES FOR ADMINISTRATION USE ONLY TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 WASTEWATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 55 -40 -110 SALARIES 11,418.78 101,506.47 178,500.00 76,993.53 56.9 55 -40 -210 HEALTH INSURANCE 2,253.88 16,916.38 30,240.00 13,323.62 55.9 55 -40 -220 FICA TAX 820.21 7,258.67 13,655.00 6,396.33 53.2 55 -40 -230 RETIREMENT 449.21 3,945.18 7,140.00 3,194.82 55.3 55 -40 -250 UNEMPLOYMENT TAX 34.21 301.50 536.00 234.50 56.3 55 -40 -280 TRAINING PROGRAMS .00 229.00 2,000.00 1,771.00 11.5 55 -40 -290 TRAVEL, MEALS AND LODGING .00 12.79 2,000.00 1,987.21 .6 55 -40 -295 MEALS AND ENTERTAINMENT 22.88 55.19 500.00 444.81 11.0 55 -40 -310 LEGAL FEES .00 1,060.00 10,000.00 8,940.00 10.6 55 -40 -330 ENGINEERING FEES .00 1,344.00 20,000.00 18,656.00 6.7 55 -40 -360 COMPUTERS NETWORKS AND SUPPORT .00 1,686.99 5,000.00 3,313.01 33.7 55 -40 -370 OTHER PROFESSIONAL SERVICES 36.22 389.58 10,000.00 9,610.42 3.9 55 -40 -410 BANK CHARGES .00 .00 100.00 100.00 .0 55 -40 -430 INSURANCE .00 .00 5,500.00 5,500.00 .0 55 -40 -440 ADVERTISING .00 .00 1,000.00 1,000.00 .0 55 -40 -460 SYSTEM REPAIR AND MAINT COLLEC 34.07 2,914.67 20,000.00 17,085.33 14.6 55 -40 -490 PROFESSIONAL MEMBERSHIPS .00 758.00 6,100.00 5,342.00 12.4 55 -40 -500 OPERATING SUPPLIES COLLECTIONS .00 380.54 5,000.00 4,619.46 7.6 55 -40 -510 EQUIPMENT PURCHASE AND REPAIR .00 54.95 5,500.00 5,445.05 1.0 55 -40 -520 TESTING 25.00 575.00 1,000.00 425.00 57.5 55 -40 -550 POSTAGE BILLING SUPPLIES 300.00 982.33 2,500.00 1,517.67 39.3 55 -40 -560 UTILITIES TELEPHONE .00 155.13 1,500.00 1,344.87 10.3 55 -40 -650 WW TREATMENT CHARGES/JFOC 11,369.01 67,952.86 296,372.00 228,419.14 22.9 55 -40 -660 JFOC CAPREPL RESERVE .00 122,675.15 122,652.00 23.15) 100.0 55 -40 -690 MISCELLANEOUS EXPENSE .00 87.08 3,000.00 2,912.92 2.9 55 -40 -730 CAPITAL PROJECTS .00 134,704.97 330,000.00 195,295.03 40.8 55 -40 -760 PIF CAPITAL PROJECTS .00 4,406.30 .00 4,406.30) .0 55 -40 -930 TRANSFER TO CERF .00 .00 10,000.00 10,000.00 .0 TOTAL EXPENDITURES 26,763.47 470,352.73 1,089,795.00 619,442.27 43.2 TOTAL FUND EXPENDITURES 26,763.47 470,352.73 1,089,795.00 619,442.27 43.2 NET REVENUE OVER EXPENDITURES 10,637.53 82,558.30) 1,626,066.00 1,708,624.30 5.1) 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 27 ASSETS 70 -10100 CASH COMBINED FUND 17,768.04 TOTAL ASSETS 17,768.04 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 70 -29800 FUND BALANCE BEGINNING OF YR REVENUE OVER EXPENDITURES YTD BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET AUGUST 31, 2011 PETERSEN TRUST 17, 752.06 15.98 17, 768.04 17, 768.04 17, 768.04 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 28 REVENUE 70 -30 -800 INTEREST EARNINGS 70 -30 -999 CARRYOVER BALANCE TOTAL REVENUE TOTAL FUND REVENUE FOR ADMINISTRATION USE ONLY TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 PETERSEN TRUST PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 1.34 15.98 .00 15.98) .0 .00 .00 17, 785.00 17, 785.00 .0 1.34 15.98 17, 785.00 17, 769.02 .1 1.34 15.98 17, 785.00 17, 769.02 .1 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 29 EXPENDITURES 70 -40 -670 PETERSEN TRUST EXP TRAIL TOTAL EXPENDITURES TOTAL FUND EXPENDITURES FOR ADMINISTRATION USE ONLY TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 8 MONTHS ENDING AUGUST 31, 2011 PETERSEN TRUST PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT .00 .00 NET REVENUE OVER EXPENDITURES 1.34 .00 17, 785.00 17, 785.00 .0 .00 17, 785.00 17, 785.00 .0 .00 .00 17, 785.00 17, 785.00 .0 15.98 .00 15.98) .0 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 30 ASSETS LIABILITIES AND EQUITY FUND EQUITY FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET AUGUST 31, 2011 GENERAL FIXED ASSETS 91 -16100 LAND 730,630.35 91 -16200 ADMINISTRATION BUILDING 208,379.39 91 -16203 MAINTENANCE BUILDING 57,722.51 91 -16208 HOUSE 400 DOC SUSIE AVE 54,839.27 91 -16209 VISITOR CENTER 183,895.00 91 -16211 BUSBARN 105 FRASER AVE HOUSE 100,000.00 91 -16250 CHURCH 267,000.00 91 -16306 PARKS 367,800.08 91 -16311 STREET IMPROVEMENTS 3,439,840.00 91 -16312 HIGHWAY 40 PATH 8,872.00 91 -16490 EQUIPMENT OTHER 872,015.00 91 -16500 OFFICE EQUIPMENT 57,261.75 91 -17900 ACCUMULATED DEPRECIATION 2,260,048.61) TOTAL ASSETS 4,088,206.74 UNAPPROPRIATED FUND BALANCE: 91 -29800 INVESTMENT IN FIXED ASSETS 4,088,206.74 BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY 4,088,206.74 4,088,206.74 4,088,206.74 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 31 ASSETS LIABILITIES AND EQUITY LIABILITIES 95 -25050 2002 SERIAL BONDS 95 -25060 1998 REVENUE REFUNDING BONDS 95 -25070 1998 GENERAL OBLIGATION BONDS 95 -25200 ACCRUED COMPENSATED ABSENCES 95 -25500 CAPITAL LEASES KOMATSU LOADER FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET AUGUST 31, 2011 GENERAL LONG -TERM DEBT 95 -18100 AMOUNT TO BE PROVIDED 3,131,161.31 TOTAL ASSETS 3,131,161.31 360,000.00 2,035,000.00 475,000.00 15,677.17 245,484.14 TOTAL LIABILITIES 3,131,161.31 TOTAL LIABILITIES AND EQUITY 3,131,161.31 67 OF THE FISCAL YEAR HAS ELAPSED 09/12/2011 02:O5PM PAGE: 32 PLANNINGUPDATE (September 21,2011) Planning Commission: Continue to workon code updates. We have scheduled a public hearing for 9/28/11 to review amendments to the sign code and business zone regulations. Visitor’s Center: Working onnew information maps that will be displayed at the temporary ‘self-serve’ Visitor’s Center. Trails The youth corps volunteers arecoming to town on 9/18/11 to assist with the construction ofthe Fraser/WP trail connection! Working with HTA to seek funding sources for additional signage at this end of the valley. How do trails fit in with economic development? Let me know if you have any questions. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491fax 970-726-5518 www.frasercolorado.com  PUBLIC WORKS BRIEFING (As of 9/14 for 9/21/2011 meeting) WATER~ A proposal for a water and sewer service line replacement program was presented to the W-WW Committee last Tuesday at the regular meeting. Following discussion of the program the Committee agreed to send it to the Board of Trustees for their consideration. We will bring this to you at the 10/5 meeting. SANITARY SEWER~ Preparing for a manhole repair project in US 40 in front of the Conoco mini mart just south of Eisenhower. The top section of the cone appears to have failed. A CDOT utility permit for this work has been issued. PW will make notification to the Conoco property owner in advance of the anticipated start date for the work. It is anticipated that this project will take no more than two days. Work is anticipated to begin on 9/19ish. STREETS~ The Army Corps NWP13 permit application for the St. Louis creek bank stabilization project was provided to the land owners (Clark & Meredith Lipscomb) for their review and they have responded with several concerns about the project. I have contacted a hydro geologic engineering firm, Resource Engineering (RE), to assist the Town in finding a solution to the many issues raised by the land owner. 5 Rivers, RE and Jim Swanson will be working together on a solution for the work necessary at this project site. TOF will be required to resubmit our application to the USACE which will cause a significant delay of the construction start date for this project. 5 Rivers of $12,000 for this work probably just went to $30,000all though, another option may be to remove the temporary rip rap that is installed in the creek, mitigate the wetlands disturbance per the Corps and apply those funds to our drainage improvements project on Doc and Mill Ave that better serves the downstream residents of Fraser. The Divide condos HOA have expressed interest in requesting approval from the Board to allow them to construct a private improvement in a Town ROW which will allow the discharge of their sump water into the ROW. Part of this project removes sump water discharge from the sewer collection system where it is currently being placed. They are th scheduled for the October 5 agenda. Making progress on the overall drainage plan for the Mill / Doc Susie area as well as along Leonard Lane west of the RR tracks. PW will begin removing willow wads from along CR73 and cleaning those ditches over the next few weeks. They will also be performing ditch cleaning ops along the east side of the RR, west of the Divide property and in the Clayton trailer court area. GC R&B removed the twin culverts that were placed under GCR721 this spring and have replaced it with a 30 inch culvert. The road bed was raised by almost two feet and the shoulders widened at the intersection. Chip & Seal Project status- POSTPONED until spring 2012. See update email sent on 9/12. STREETSCAPES / GARDENING~ FR-WP Connector Trail: PW staff is preparing to construct the Fraser side of the th boardwalk once the Youth Corps staff arrives on the 19. Questions or Concerns? Email me: anordin@town.fraser.co.us or 970-531-1844. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com ÚÎßÍÛÎñÉ×ÒÌÛÎ ÐßÎÕ ÐÑÔ×ÝÛ ÜÛÐßÎÌÓÛÒÌ Ó»³± ̱æ Winter Park Town Council & Fraser Town Board Ú®±³æ Glen Trainor, Chief of Police Ü¿¬»æ September 15, 2011 λæ MONTHLY REPORT August, 2011 During the month of August, we responded to a total of 135 calls for service, with 81 of those calls in Winter Park, 43 in Fraser, and 12 as assists for other agencies. We also issued 25 tickets in Winter Park and 11 in Fraser. As far as types of calls, we investigated the following: Criminal Traffic Violations - 8, Criminal Mischief - 4, Harassment/Stalking - 3, Thefts - 3, and 2 assaults. We also investigated 12 vehicle accidents. We continue to be concerned about the number of accidents involving wildlife that are occurring from the bottom of Berthoud Pass to the Town Shops. On a similar note, on 08/09/11 one of our patrol vehicles was damaged in a collision involving a deer outside of the Town of Empire. The vehicle is currently being repaired as I write this. th We also investigated one sexual assault that was reported on August 7. The case was thoroughly investigated and a suspect was identified, however the District Attorney declined to prosecute the case. IVELBEL KOELBEL AND COMPANY 5291 E. YALE AVENUE DENVER, COLORADO 80222 (303) 758-3500 FAX (303) 758•6632 September 21, 2011 Town of Fraser Board of Trustees PO Box 370 Fraser, CO 80442 Re: Resolution regarding proposed traffic signal at First Street into Grand Park Dear Mayor Cook and Trustees: I am writing to you today to express my serious concern for the proposed traffic light at First Street into Grand Park. The placement of this signal has the singular benefit for Grand Park but does not address the far more important regional needs of Fraser, Winter Park, and Grand County. Further, it does not follow through with the earlier transportation plans and studies we have relied on for years. Rendezvous formalized its concern and brought it to your attention in a letter to Jeff Durbin dated January 23, 2008, which was subsequently submitted on several other occasions. I have attached a copy of the letter. This letter was sent while the plat for The Village at Grand Park was being heard before the Town Board. While the vicinity map on the first page of the plan clearly shows the connection to Rendezvous Road, the underlying documents do not. The four-way intersection at Rendezvous Road and Grand Park is the appropriate location for this regional traffic light as planned since the inception of the project which benefits the two sizable master-planned communities of Grand Park and Rendezvous, as well as the Town of Fraser, local traffic, and the multitude of hikers and bikers that use the trail system and need to cross US 40. Another signal so close to Rendezvous Road would jeopardize the signal at this four-way intersection due to CDOT separation requirements. We believe the proper course of action is to bring together the affected stakeholders for productive discussion, which we thought was the course of action determined at the September 7 meeting. REAL ESTATE SALES CONSTRUCTION LAND DEVELOPMENT PROPERTY MANAGEMENT INVESTMENTS WWW.KOELBELCO.COM January 23, 2008 Jeff Durbin Town Manager Fraser, Colorado Subject: Village Center Preliminary Plat Dear Mr. Durbin Rendezvous has received the preliminary plat plans for Cornerstone Holding's Village Center. While we generally support the plan, we request that approval be denied because the current plan no longer provides for an access on the West side of Hwy 40 across from Rendezvous Road. This 4 -way, signalized, full movement intersection is recommended and depicted in several traffic studies including the Rendezvous Traffic Impact Analysis, the Fraser Winter Park Roadway Network Planning Study, and the Fraser Valley Master Road Plan. The intersection is also required by pertinent development documents including the Amended Annexation Agreement dated June 4, 2008, and the 2003 PDD. The Annexation Agreement, in Article 9, Section 9.2 states: The location of all access points to US Highway 40 will be consistent with the Roadway Plan, shall follow the CDOT access permit procedures and shall be consistent with the Fraser Master Plan. All of these plans depict a 4 -way, full movement, signalized intersection at Rendezvous Road and Hwy 40. Two separate Traffic Impact Analysis reports were prepared by Felsburg, Holt, Ullevig, and dated October, 2002 and December, 2004. Both recommend a 4 -way, full movement, signalized intersection at Rendezvous Road and Hwy 40. The report further states: Rendezvous Road is proposed to function as the primary east -west connection to both the East Mountain and West Mountain sections of the Rendezvous development. Trip generation estimates contained in the Traffic Impact Analysis predict that a total of 34,285 daily vehicle trips are expected to be generated between the East and West sides of the development at build out. This estimate does not contemplate additional traffic that will be generated by future roads connecting Rendezvous East September 20, 2011 Town of Fraser Board of Trustees P.O. Box 370 Fraser, CO 80442 RE: Proposed Signalized intersection at First Street Dear Honorable Mayor Cook and Trustees: We are writing you today to express our concerns regarding the proposed signalized intersection at First Street in Fraser. The Winter Park Town Council voted unanimously to oppose installation of the First Street signal due to the potentially deleterious effects that it may have on the Town of Winter Park in addition to the lack of information we have received to date. The Town of Winter Park believes that support for this proposal will damage our ability to manage traffic and pedestrian mobility at our mutual border on US Highway 40, and we respectfully request that you reconsider your position on this matter. The Town of Winter Park's concerns are as follows: Traffic Signal at King's Crossing Road As confirmed by the Colorado Department of Transportation, installation of a traffic signal at First Street will eliminate the possibility of a traffic signal at King's Crossing Road. This has long been an issue for the Town of Winter Park and our plans for many years have included the installation of a traffic signal at King's Crossing, including in our Fraser- Winter Park Road Network Planning document from 1986. Pedestrian Traffic at King's Crossing Road In addition to traffic concerns at the King's Crossing Road intersection, the Town of Winter Park has even greater concern about pedestrian traffic at this intersection. The proposed signal at First Street does not address pedestrians and would only worsen the pedestrian dangers at King's Crossing (due to traffic backups and driver frustration). The First Street signal would inhibit Winter Park's ability to install traffic control measures that would assist pedestrians, which runs counter to our community's pedestrianization goals (as stated in our Town Plan and Multi -Modal Transportation and Mobility Plan). Pedestrian Traffic at Rendezvous Road As stated before, the First Street signal would not assist pedestrians crossing US Highway 40. Currently, pedestrians utilizing the Fraser River Trail and Rendezvous trail system are given no options to cross US Highway 40 safely. Even with our combined trail efforts on the east side of the highway, pedestrians will be given fewer options to cross safely where they desire to. Pedestrians have utilized Rendezvous Road for a crossing area, and installation of a signal at First Street will eliminate any possibility a safe crossing where pedestrians currently are having difficulty crossing. Town of Winter Park p.o. box 3327 winter park, Colorado 80482 phone (970) 726 -8081 fax (970) 726 -8084 www.winterparkgov.com Unusual Intersection and Signal Design As many of us have seen on typical busy days, drivers in our community have difficulty adjusting to driving in our two communities, which causes delays, frustration, and crashes. Installation of an offset -T intersection will further confuse and alienate our guests and frustrate our residents. Offset -T intersections are typically used for larger, multi- highway intersections (such as US Highway 285/US Highway 24 in Chafee County), and one such intersection in Colorado is being redesigned at significant cost in La Plata County due to safety concerns (US Highway 550 /US Highway 160 outside of Durango). This unique and unusual design will negatively impact traffic movement in Winter Park without addressing any capacity, safety, or pedestrian issues. Extension of Lion's Gate Drive As identified in numerous plans and documents, an extension of Lion's Gate Drive has long been desired to ease traffic congestion on US Highway 40 and to provide alternative points of access throughout our respective communities. Despite development of facilities that will increase traffic into the Grand Park development, the desired roadway connections have been left out of the requirements for development, forcing traffic onto First Street and artificially bumping up the traffic counts at the intersection. We would be interested in knowing whether the traffic warrants would still be met with the Lion's Gate Drive extension in place as well as an open Fraser Valley Parkway, which has also been contemplated for some time. Conformance with Grand Park Planned Development Plan It is our understanding that the approved Grand Park Planned Development Plan (POP) still identifies a collector roadway connection to US Highway 40 at Rendezvous Road. Departure from this plan affects potential traffic movement throughout the area, including Rendezvous developments in both Winter Park and Fraser. Removal of the Rendezvous Road intersection also diminishes roadway capacity leading to our community recreation center as well as traffic from areas west of the King's Crossing /UPRR intersection. Conformance with 1986 Plan As stated in Memorandum of Agreement approving the Fraser Winter Park Road Network Planning study from 1986, the towns agreed to work together to implement the provisions in the plan (which include traffic signals at King's Crossing and Village Drive /Rendezvous Road). Departure from this agreement signifies a breach from a mutually approved plan designed to benefit both communities, not just one party. Capacity Issues on US Highway 40 To date, no capacity improvements have been identified that would address the traffic issues caused by the bottleneck at our mutual boundary. Rather, capacity and traffic movement will be diminished by the potential installation of the signal at First Street (as described above). Adding attractions to a constrained area will perpetuate a deteriorating situation. Traffic forecasts in Winter Park's Multi -Modal Transportation and Mobility Plan identify that widening US Highway 40 from Winter Park to the north is necessary to accommodate capacity concerns, yet this has not been contemplated in any of the plans for the First Street signal or removal of the Rendezvous Road connector. Comprehensive Traffic Management Plan We believe that a comprehensive traffic management plan along US Highway 40 through Winter Park and Fraser is needed, and CDOT has also endorsed entering into such a planning effort so as to not benefit one party to the detriment of many others. Although such a process would surely leave some parties disappointed, it would take into account the needs of the entire community as opposed to the desires of one party. In summation, the Town of Winter Park believes that there are too many unanswered questions surrounding the proposed First Street traffic signal. Further, we believe that the residents and guests of Winter Park will be harmed by the installation of the signal as identified in the concerns noted above, with special attention given to King's Crossing Road and pedestrian movement. We request that the Town of Fraser Board of Trustees consider the items noted above before supporting a traffic signal at First Street, and further request participation in traffic solutions that benefit the guests and residents of both Fraser and Winter Park. Sincerely, James F. Myers Mayor Cc: Grand Park Clark Lipscomb Colorado Department of Transportation Dan Roussin Rendezvous Colorado, LLC Terry Stanford Town Council INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FRASER AND THE TOWN OF WINTER PARK THIS AGREEMENTis made and entered into this ______ day of _________________, 2011, by and between the TOWN OF FRASER, a Colorado municipality with an address of Deleted: 06 ____________(hereinafter referred to as "Fraser") and the TOWN OF WINTER PARK , a Colorado municipality with an address of _______________(hereinafter referred to as "Winter Park"), collectively referred to as "municipalities." Deleted: and WHEREAS,Fraser and Winter Park have benefited from cooperative efforts between the Public Works Departments of each municipality; Deleted: and WHEREAS, Fraser and Winter Park have staff and equipment unique to municipalities that may not be easy to replace or provide in a timeframe adequate to protect the health, safety and welfare of the residents of the Towns as well as protect the interests of the respective elected officials of each municipality; and WHEREAS,Fraser and Winter Park mutually agree that continued sharing of equipment and personnel would be beneficial to each municipality; and WHEREAS, cooperation among adjoining and adjacent municipalities is not only a proper exercise of municipal governmental powers and duties under and pursuant to Colorado Revised Statute 29-1-203, but will also permit and be conducive to the furnishing of such services in the most cost effective way possible. NOW, THEREFORE,in consideration of their mutual rights and obligations as set forth below, Fraser and Winter Park agree as follows: 1.AUTHORITY FOR AGREEMENT. 1.1This Intergovernmental Agreement is being entered into by the municipalities pursuant to the authority granted to municipalities in Colorado Revised Statutes§29-1-203, which allows governments to cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting units. 2.TERM OF AGREEMENT, WITHDRAWAL OR DISSOLUTION. 2.1Subject to the provisions of Subparagraph 2.2, the term of this Agreement shall continue indefinitely. Deleted: and no municipality can terminate its rights, duties, obligations or requirements imposed herein without the consent of all 2.2Fraser and Winter Parkacknowledge that their obligations under this Agreement parties hereto are subject to annual appropriation by the governing body of each respective party and shall not constitute or give rise to a general obligation or other indebtedness of either party within the meaning of any constitutional or statutory provision or limitation of the State of Colorado nor a 1 mandatory charge or requirement against either party in any ensuing fiscal year beyond the current fiscal year. 3.SHARED EQUIPMENT, EMPLOYEES, AND SERVICES. 3.1The borrowing municipality may request use of equipment, staff, and/or services from the lending municipality. Such equipment, staff, and/or services may include, but are not limited to,heavy equipment, equipment operators, vehicles, or other specialized equipment. 3.2The lending municipality will provide the borrowing municipality with access to such equipment, staff, and/or services at the discretion of its Town Manager. The borrowing municipality will pay associated costs upon request of the lending municipality. The borrowing municipality agrees to assume responsibility for any liabilities associated with such shared equipment, employees, or services. 4.INSURANCE AND LIABILITY. 4.1The Governmental Immunity Act, Colorado Revised Statutes§24-10-101, etseq., ù Deleted: as amended, provides protection to both municipalitiesand their employees. 4.2The services performed and the expenses incurred under this Agreement shall be deemed for public and governmental purposes, with any immunities thereunto appertaining. 4.3Each municipality shall maintain appropriate property, general liability, auto liability, errors and omissions, and workers' compensation insurancefor the services provided within their respective corporate limits. 5.APPROVALOF AGREEMENT BY ORDINANCE OR RESOLUTION AND LEGALLY Deleted: ADOPTION BINDING STATUS. 5.1This Agreement shall be deemed in force as to the municipalities when the same has been approvedby ordinance or resolution of all the participating municipalities. Deleted: adopted 5.2After such approval, this Agreement shall be binding upon the municipalities and Deleted: adoption the covenants hereof may be enforced by appropriate remedy. Deleted: by any one or more of the municipalities against any other municipality 5.3In any legal action brought by any party to this Agreement to enforce the terms hereof, the prevailing party shall be entitled to all costs incurred in connection with the action, attorneyfees. including reasonable Deleted: s' 6.AMENDMENTS. 6.1This Agreement may be amended, modified, changed, or terminated in whole or in part only by a written agreement duly authorized and executed by each municipality in the same manner as this Agreement. 7.SEVERABILITY. 2 7.1Should any of the provisions of this Agreement be held to be invalid or unenforceable, then the balance of this Agreement shall be held to be in full force and effect as though the invalid portion was not included; provided, however, that should the invalidity or unenforceability go to the essence of the Agreement or be of a substantial nature, then the party or parties who would receive the benefit of the provision, were it not invalid or unenforceable, shall have the option to terminate this Agreement, forthwith. 8.GOVERNING LAWAND VENUE. 8.1This Agreement shall be governed by, and interpreted in accordance with, the laws Deleted: of the State of Colorado, and venue for any action arising out of any dispute hereunder shall be in the Grand County District Court of the State of Colorado. 9.MISCELLANEOUS. Formatted:Indent:Firstline:0" Formatted:Font:Bold 9.1There are no intended third-party beneficiaries to this Agreement. Formatted:Font:(Default)Arial,11pt 9.2.This Agreement constitutes the entire agreement between Winter Park and Fraser, superseding all prior oral or written communications. 9.3Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the party at the address set forth on the first page of this Agreement. IN WITNESS WHEREOF, and intending to be legally bound hereby, in accordance with proper ordinance of each of the governing bodies of the municipalities, we have hereunto caused this instrument to be executed and the municipal seals affixed the day and year written above. ATTEST:TOWN OF FRASER ___________________________________________________________________________ Lu Berger, Town ClerkFran Cook, Mayor ATTEST:TOWN OF WINTER PARK __________________________________________________________________________ Cat Peterson, Town ClerkJames F. Myers, Mayor Deleted: Kat Deleted: Harold N. Teverbaugh 3