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Home My Public Portal AboutTBP 2012-01-04 BOARD OF TRUSTEES REGULAR MEETING AGENDA WEDNESDAY, January 4, 2012 FRASER TOWN HALL 6:00 p.m. Members of the Board may have dinner together @ 5:30 p.m. - Fraser Town Hall 1. Executive Session - 6:00For a conference with Special Counsel for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6- 402(4)(b) and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e) regarding an Intergovernmental Agreement 2. Roll Call 7:00 3. Approval of Agenda 4. Consent Agenda a) Minutes – December 7, 2011 5. Open Forum a) Business not on the agenda 6. Updates a) Court Appointed Special Advocates Kim Linin 7. Public Hearing 8. Discussion and Possible Action Regarding a) Out-of-town water service request b) Resolution 2012-01-01 Approving and Authorizing execution of the Winter Park Ranch Line Sharing Agreement 9. Community Reports 10. Staff Reports 11. Other Business Upcoming Meetings: Wed. January 18, 2012 Board of Trustees Wed. January 25, 2012 Planning Commission Posted December 30, 2011 Lu Berger ñÈûØËÖØËéÎÆÏúÑØËÒ Town Board Briefing January 4, 2012 Happy New Year and hope all of your holiday wishes came true. We’ll be starting the New Year with an executive session to discuss a proposed intergovernmental agreement. This is expected to conclude no later than 7pm. During Updates, Kim Linin would like to update the Board and Community regarding the Northwest Rocky Mountain Court Appointed Special Advocates (CASA) and their upcoming fundraiser event. Materials are included in the packet. Clark Lipscomb has presented a request for out of town water service for 22 lots that he is proposing to develop on a 35 acre parcel adjacent to Byers Peak Ranch. This development is not proposed to be annexed into the Town of Fraser, and the request is based upon language within an easement agreement that affects the property. Our analysis of this request presents an interesting challenge. First, clearly a new development adjacent to a municipality (or at least adjacent to area currently being considered for annexation) ought to be considered for annexation. However, annexation of property that only brings new expenditures without sufficient new revenues may not be desirable. It is not immediately clear why this request is not part of an annexation request. Secondly, new customers on our water system would be beneficial to our rates. But should the Town be providing water service to properties not included within the town? Finally, of great concern is the Byers Peak Line. This is a very old water line that is subject to frequent breakages and service interruptions. The few customers currently serviced by this line are only served based upon the 1981 easement agreement and have not been charged service fees. Adding additional customers to this line without funds to replace the line, or sufficient revenues to merit replacement is our greatest concern with this request. Accordingly, we would recommend denial of this request. Finally, Resolution 2012-01-01 which would provide for approval and execution of an Intergovernmental Agreement with Winter Park Ranch regarding the sharing of sanitary sewer lines is provided for your consideration. This matter has been under discussion for years and we look forward to resolving these conversations. 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 970-726-5491 fax 970-726-5518 www.frasercolorado.com FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, December 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, Philip Naill and Eric Hoyhtya Staff: Town Manager Jeff Durbin; Town Clerk, Lu Berger; Finance Manager Nat Havens; Public Works Director Allen Nordin; Police Chief, Glen Trainor Others: See attached list Mayor Cook called the meeting to order at 6:10 p.m. 1. Regular Meeting - Roll Call 2. Approval of Agenda motion Trustee Sumrall moved, and Trustee Naill seconded the Motion carried: 7-0. to approve the Agenda. 3. Executive Session: motion Trustee Smith moved, and Trustee Sumrall seconded the to open the Executive Session for a conference with the Town’s Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e) regarding water matters and to includeTA McGowan, PW Motion carried: 7-0. Nordin and TM Durbin. In: 6:05 p.m. Out: 7:06 p.m. motion Trustee Shapiro moved, and Trustee Sumrall seconded the to close the Motion carried: 7-0. Executive Session. Attorney’s Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B). As the attorney representing the Town of Fraser, I am of the opinion that the entire Executive Session, which was not recorded, constituted a privileged attorney-client communication. Rod McGowan, Town Attorney 4. Consent Agenda a) Minutes – November 16 & 23, 2011 Page 2 of 4 b) Directing the Town Manager to execute contracts/agreements with the following agencies and entities as provided with the 2010 Budget: 1) Resolution 2011-12-08 First Transit, Inc. (The Lift Bus service) 2) Resolution 2011-12-09 NWCCOG GIS Services Agreement 3) Resolution 2011-12-10 Double Diamond Data contract for services 4) Resolution 2011-12-11 JRS Engineering, Town Engineering Services 5) Resolution 2011-12-17 McLaughlin Water Engineers Ltd. c) Directing the Town Manager to execute leases for Town property with the following individuals and/or entities: 1) Resolution 2011-12-12 Dale Booth, 105 Fraser Avenue 2) Resolution 2011-12-13 400 Doc Susie 3) Resolution 2011-12-14 Fraser Valley Metropolitan Recreation District, Fraser Historic Church 4) Resolution 2011-12-15 Sharky’s sign agreement 5) Resolution 2011-12-16 Rendezvous License Agreement d) Naming the following Town Officials: 1) Town Attorney: Rod McGowan, Cazier & McGowan 2) Water Attorney: Chris Thorne, Holland & Hart 3) Fire Chief: Todd Holzwarth, East Grand Fire Protection District #4 4) Designate Chief of Police Glen Trainor as Emergency Response Authority 5) Town Engineer: Jim Swanson, JRS Engineering 6) Town Water Rights & Supply Engineer: HRS Water Consultants 7) Town Manager: Jeffrey L. Durbin 8) Town Treasurer: Nathaniel Havens e) Designating the Fraser Town Hall foyer as the Town's official posting location. f) Resolution No. 2011-12-01, renewing the Town’s Three Mile Plan, as recommended by the Fraser Planning Commission and as authorized and required by Colorado State Statutes. g) Resolution 2011-12-18Adopting the 2012 Town of Fraser Personnel Handbook h) Authorizing the Mayor to enter into an employment agreement with Jeffrey L. Durbin as Town Manager motion Trustee Hoyhtya moved, and Trustee Shapiro seconded the to approve the Motion carried: 7-0. consent agenda. Sumrall: Aye Shapiro: Aye Cook: Aye Hoyhtya: Aye Smith: Aye Brent: Aye Naill: Aye 5.Open Forum: 6.Updates: Page 3 of 4 7.Public Hearings: a) 2012 Budget Hearing motion Trustee Naill moved, and Trustee Hoyhtya seconded the to open the public Motion carried: 7-0 hearing on the 2012 Budget Hearing. FM Havens outlined the budget for the Board. motion Trustee Hoyhtya moved, and Trustee Naill seconded the to continue the public Motion carried: 7-0 hearing on the 2012 Budget Hearing. 8.Discussion and Possible Action Regarding: a) Resolution No. 2011-12-02 Adopting the Police Budget for 2012. motion Trustee Sumrall moved, and Trustee Hoyhtya seconded the to approve Motion carried: 7-0. Resolution No. 2011-12 02 Adopting the Police Budget for 2012. Sumrall: Aye Shapiro: Aye Cook: Aye Hoyhtya: Aye Smith: Aye Brent: Aye Naill: Aye b) Resolution No. 2011-12-03 Adopting the Winter Park/ Fraser Building Department Budget for 2012. motion Trustee Sumrall moved, and Trustee Hoyhtya seconded the to approve Resolution No. 2011-12-03 Adopting the Winter Park/ Fraser Building Department Motion carried: 7-0. Budget for 2012. Sumrall: Aye Shapiro: Aye Cook: Aye Hoyhtya: Aye Smith: Aye Brent: Aye Naill: Aye c) Approval of 2012 Budget motion Trustee Naill moved, and Trustee Hoyhtya seconded the to approve Approval of Motion carried: 7-0. 2012 Budget. Sumrall: Aye Shapiro: Aye Cook: Aye Hoyhtya: Aye Smith: Aye Brent: Aye Naill: Aye d) Resolution No. 2011-12-04, Summarizing Revenues and Expenditures for Each Fund and Adopting the 2012 Budget. motion Trustee Hoyhtya moved, and Trustee Shapiro seconded the to approve Resolution No. 2011-12-04, Summarizing Revenues and Expenditures for Each Fund Motion carried: 7-0. and Adopting the 2012 Budget. Page 4 of 4 Sumrall: Aye Shapiro: Aye Cook: Aye Hoyhtya: Aye Smith: Aye Brent: Aye Naill: Aye e) Resolution No. 2011-12-05, Levying Property Taxes for the Year 2011 to Help Defray the Costs of Government for Fraser for the Budget Year 2012. motion Trustee Brent moved, and Trustee Naill seconded the to approve. Resolution No. 2011-12-05, Levying Property Taxes for the Year 2011 to Help Defray the Costs of Motion carried: 7-0. Government for Fraser for the Budget Year 2012. Sumrall: Aye Shapiro: Aye Cook: Aye Hoyhtya: Aye Smith: Aye Brent: Aye Naill: Aye f) Resolution No. 2011-12-06, Appropriating Sums of Money to Various Funds and Spending Agencies, in the Amount and for the Purpose as Set Forth Below for Fraser for the Budget Year 2012. motion Trustee Shapiro moved, and Trustee Smith seconded the to approve Resolution No. 2011-12-06, Appropriating Sums of Money to Various Funds and Spending Agencies, in the Amount and for the Purpose as Set Forth Below for Fraser for the Motion carried: 7-0. Budget Year 2012. Sumrall: Aye Shapiro: Aye Cook: Aye Hoyhtya: Aye Smith: Aye Brent: Aye Naill: Aye g) Resolution No. 2011-12-07, Adopting Fees for Water and Sewer Service in Fraser. motion Trustee Shapiro moved, and Trustee Smith seconded the to approve Resolution Motion carried: No. 2011-12-07, Adopting Fees for Water and Sewer Service in Fraser. 7-0. Sumrall: Aye Shapiro: Aye Cook: Aye Hoyhtya: Aye Smith: Aye Brent: Aye Naill: Aye 9.Community Reports: 10.Other Business: motionMotion Trustee Shapiro moved, and Trustee Hoyhtya seconded the to adjourn. carried: 7-0. Meeting adjourned at 7:50 p.m. Lu Berger, Town Clerk Event Committee Nancy Banks Chair Michelle DeFrange Francie DeVos Shanna Ganne Kim Linin Jody Mintken Mairi Nelson Sudi Newcomer Katie Riemenschneider Denise Zander Community Development Committee Nancy Banks, RN /MSN Community Leader Shanna Ganne NWRM CASA Roger Hedlund Home James Transportation t Kim Linin Community Leader Valerie McCarthy Colorado CASA Mairi Nelson NelsonPR Sudi Newcomer Winter Park Fraser Valley Chamber of Commerce Stacey Parker Noriyuki and Parker, PC East Grand School District Kelly Weimer Juvenile Services Denise Zander Community Leader CASA rt Appointed Special Advocates V 0 Illk. C H II iL 1117 Vt II''.iii II4 NORTHWEST (ROCKY MOUINTAIIIN CASA November 1, 2011 <Business> <address> <City, ST zip> Dear <First Name In Grand County, as in all parts of our state, children are placed out of their parents' care due to abuse and neglect. These children often exhibit behavioral problems, educational delays and lack of social skills. They are often unable to receive services they need due to overloaded and under funded systems. Northwest Rocky Mountain CASA (www.nwrmcasa.or began providing services to some of these children in 2009. CASA (Court Appointed Special Advocates) trains and supervises community volunteers to speak for these children in court. Here are some of the benefits for children with a CASA: An independent, objective view of the child's situation to the Judge. CASA services are provided at no cost to the County, families or taxpayers. A consistent adult presence in the child's life through weekly contact. Collaboration with schools, medical professionals, and other community agencies to ensure all of the child's needs are met. Ensure abused and neglected children are quickly placed in safe, stable and permanent homes. Help us advocate for a child's best interests in court one child at a time! On February 4, 2011 we will hold our 3rd annual CASA Event at Winter Park Resort's Lodge at Sunspot. This year our event, "La Bella Notte," includes an event gondola ride to Sunspot. Guests will enjoy an elegant Italian dinner, wine and champagne. Sponsors are a key component to the success of this event. Your donation will help underwrite the cost of La Bella Notte. Consider the following statistics: The average cost to train and provide a CASA for one child is $1,000. The average cost to serve one child in foster care is $16,891 per year. Clearly, a CASA volunteer is a very cost effective way to assist abused and neglected children. Trained CASA volunteers are appointed by the court to intervene early to break the cycle of abuse, neglect and delinquency in these children's lives in the following ways: Children with a CASA volunteer are more likely to finish High School. Children with a CASA volunteer are less likely to re -enter the foster care system. Families with a CASA volunteer receive more services from the community than families without a CASA volunteer. Information about sponsorship opportunities for La Bella Notte is enclosed. We hope you will consider making a commitment to Northwest Rocky Mountain CASA, and return the enclosed La Bella Notte Sponsorship Form by Friday, December 2, 2011. On behalf of the Grand County children served through CASA, thank you for your thoughtful consideration of this request. Please contact one of us if you have any questions. Sincerely, Shanna Ganne Program Coordinator Northwest Rocky Mountain CASA 97 53 6160 nwcasa@coloradocasa.org www.nwrmcasa.org Kim Linin Chair Community Development Committee Northwest Rocky Mountain CASA 97 281 99 kimlinin@a gmail.com 2 December 12, 2011 Hand Delivered Town of Fraser Attn: Jeff Durbin, Manager P.O. Box 120 Fraser, CO 80442 Dear Jeff, C. Clark Lipscomb Re: Lipscomb Byers Peak Ranch Parcel Water Service Meredith and I are working on plans to subdivide the 35 acre parcel we own at Byers Peak Ranch, and the Town has a water line easement that extends over this property. The easement agreement contains a number of different provisions for water service and road maintenance. I have included a copy of the agreement for your reference. It was recorded in the records of Grand County, Colorado at reception no. 184062 on June 10, 1981. We are currently planning on subdividing the property in to 22 lots with a focus on equestrian. The property is zoned residential. Currently, we have five Town of Fraser water taps for the property, one of which is in use on the log home we are restoring. We are requesting water service be made available for the planned 22 lots from the Town of Fraser water system pursuant to the terms of the agreement. I have included one of the preliminary sketch plan level drawings for the subdivision to give you an idea of the layout. Would you please provide me with a confirmation of the Town's willingness to serve the planned 22 lots so we may proceed with processing the subdivision? Thank you for your assistance and cooperation with this matter. PO Box 597 Winter Park, CO 80482 Ph: (970) 726 -8600 Fax: (970) 726 -8833 00 a mo m m D Z Z n n D nn rn mmn =m O.O II C W Z v II O w II O D n V m I\ 1 f m w r e 60 w o- I ja O D N a .O I F I i w a w o Ol cn 1 i n n I I r I i r Iv r O O O-I Nr DN I D p0 al n n n V 7r-- --I kr. 9 ;30 M JUN 1 0 1981 Remded at ficCdNmn No 184062 JahMy tat/Part Site al Ce'cr;do Gram County rteeorder A G R E E K E N T Tu3Ss °„rs°.ow1oNT is :sale and entered into this 40 day of May 1 ti by and between DONALD K. NORGREN (hereafter "Norgren") whose address is t 130Or".rc&1Clud Bt Denver, Colorado 90202, -and the BOARD OF TRUSTEES OF THE T'QWi OF FRASER,.Fraser, Colorado, (herein "Fraser'); WHEREAS, for many years Fraser has operated a domestic water distribution and collection system which provides potable water to the inhabitants of the Town of Fraser, Colorado; AND WHEREAS, a portion of the collection, treatment and distribution system is situated upon Norgren's property pursuant to oral agreement between Fraser and Norgren and others entered into many years ago; AND WHEREAS, Norgren or his predecessor in title granted to Fraser the right to construct, reconstruct and maintain said water collection, distribution and treatment facilities on his property, in exchange for the of certain water services as hereinafter described; AND WHEREAS, the parties hereto desire to reduce their prior oral agreement to a written understanding, which may be recorded with the-Grand County Clerk and Recorder, evidencing the right of.Fraser to use Norgren's property for the operation, mainten- ance, repair and reconstruction of the -ir water collection, treat- ment and distribution system, and the right of Norgren his heirs, personal representatives, devisees and assigns to receive cer- tain water service as consideration for such use by Fraser; AND for similar reasons Fraser and Aksel Nielsen "Nielsen about this same time -are entering into a similar .agreement affecting neighboring property belonging to Nielsen (herein "Nielsen property ihE543 -AND WHEREAS, to the extent the Easement herein described is located on any portion of the Nielsen property, he joins in granting this easement over such property and to evidence his -approval is this Norgren Agreement and the Norgren Ease- ment Agreement; NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants herein contained, it is agreed as fol- lows T. Worgren shall execute the easement set forth in Exhibit "A", which by this reference.is incorporated herein and made a part hereof, and deliver said easement to Fraser foe. recording among the records of the Grand County Clerk and Recorder. For and in consideration of the easements granted by Exhibit "A", Fraser Agrees as follows: A. 'To provide potable water to the premiccs by Worgren,said property being described as set forth in the attached Exhibit "D", which by this reference is incorporated herein and made a part hereof, subject to the following terms and conditions: (1) The water to_be provided shall be taken from the Town water main it passes through Norgren's property and 'all costs of connecting to and distri- buting from the Town main, as well as main- taining the connections and distribution system, shall be paid by Norgren. All connections shall be made in a workmanlike manner and written notice of intent to connect additional lines shall be given_ toFraser prior to actna/ connection and Fraser or its representative shall have an oppor- tunityto examine such connection prior to back- filling of excavations where the connection is made. Water shall be used only on the lands des- cribed in Exhibit 93*. The right water from -2- Cat 9uut2Sa FAI[ 547 the Fraser water system shall be deemed a covenant running with the land described in said Exhibit "B" and shall be usable by the owners from time to time of said lands. Should any maintenance or repair be required .on the Norgren distribution system such mainten- ance and repair shall immediately be made by Nor gren so as to prevent 3•rss of water from the Fraser system. (2) The quantity of water to be provided shall be five (5) single family taps, of which the equi- valent of three (3) are now in use on the premises described in Exhibit °B°. One (1) fire hydrant has been installed on said premises, one (1) may be installed in the future on land in Exhibit "B°, and one (1) may be- installed either on said land or on the Property by joint agreement between the owners of the Norgren property and the Nielsen property.. Said fire hydrants are for the purpose of protecting the single family taps authorized by this Agreement and water from said hydrants shall be used for fire protection only. (3) For purposes of this Agreement, single family tap shall mean 'sufficient water to supply an aver- age household of four (4) adult persons whether in one or in several structures and whether served by one or more water lines. Said amount of water shall also be referred to herein as a "dwelling unit.° If more than dwelling unit is served by a water line, each dwelling unit shall be coun- ted as a tap for purposes of determining when -3 nith213 r c €545 the five (5) taps authorized by this Agreement have been used provided however, a guest house or bunkhouse used in connection with the main dwelling served by the tap shall not be counted as a separate dwelling unit; so long as such guest house or bunkhouse shall not be permanently occu- pied and shall not.contain kitchen facilities such as sinks and dishwashers. Stnce a small cattle ranching operation is being conducted on-the property described in Exhi- bit "H the water may be used for normal watering of cattle and horses customarily corralled on said land. "Customarily Corralled" as used.herein shall mean occasional use of the corrals at such times as cattle or [braes are held therein for shipping, branding', working, doctoring purposes and during the winter and the spring calving season. Norgren may terminate existing dwelling units and relocate said units at new sites and otherwise rearrange the manner in which the connections are used on F-zperty. However, Fraser shall not be. responsible for the distribution of the authorized water between the users and shall have no Liability or responsibility to equalize said distribution between them. -(4) No commercial use of water provided pursuant to this Agreement shall be allowed. The purpose of this limitation is to clearly identify the intent of the parties as shown by the past use Norgren has made of his right to receive water. Specifically, water has not been used by him in any. commercial manner and use has been limiter t� residential purposes and stock watering of L sliuw 3 IKE 549 animals as described in paragraph (3) above. Therefore, all future use of the exiting taps and stock Watering combinations shall be limited to non commercial type operations and the Town will not be responsible for furnishing treated water to operate commercial enterprises, such "as, but not limited to hotels, lodges, restau- rants, stock feed lots, rtahles, or other similar uses which compete with other commercial opera- tions that must pay for or- obtain their own water at substantial expense. (5) 'Water provided pursuant to thi3 Agreement shall not be wasted and to that end water lines connected to the Fraser water main shall not be allowed to run at will whether used For domes- tic purposes, lawn watering, stock watering or any other use. Damaged or worn out lines in the Norgren distribution shall be immediately repaired epee discovery. .4 Ne Re-Rr.J. (o') Norgren understands that Fraser's obligation to supply water in .::cchange for the easements and rights granted by Norgren to Fraser, are lim- ited. If Norgren wishes make additional water uses or obtain taps in addition to those described' this Agreement, he understands that he will be required to apply for such service and at such rates as Fraser may then have established for its water users. III. As part of the easement which has been conveyed to Fraser by Norgren pursuant to Exhibit "A there has been inclu- ded a right -of -way across existing roads and trails to operate, maintain and repair the water collection, treatment and distribu- tion system. Fraser agrees that it shall maintain said road 5(1V.Z4 j NU 551 -and trails in a passable condition and when necessary will deposit gravel at those places where required to insure reasonably uninhi- bited travel. In addition, Fraser agrees to indemnify, defend and save Norgren harmless from all damages or Liability to persons or property occurring by reason of Fraser's use of said easements and to pay yr repair all damage caused by its agents or employees. IV. As soon as weather conditions permit, Fraser agrees to clean the right-of-way by removing piled rocks, tree coots and timber lying along the easement to restore the land to sub- V: Stantially its original condition. As Future repairs or replace ment'is made, Fraser will likewise promptly restore the land to it Eoemar condition. (1) Fraser agrees to repair cattle guards Damaged by'its equipment. If they are too small for Fraser's equipment, they shall be replaced at Fraser's' expense. (2) Similarly, if trees are partially or completely knocked over by its equipment, Fraser will promptly remove them. (3) If a new or replacement main is installed in the right -of -way, Norgren shall cave the right to transfer his taps to the new or replaced main at his expense. (4) Any power line serving the water facilities shall be installed in the easement and ahall_be underground With no poles or overhead wires. V. If shall decide to abandon its water intake and distribution systes now located on the. property described in Exhibit "A Fraser'shall give Norgren written notice of such intent one (1) year in advance and upon such abandonment, Fraser shall reconvey to Norgren the abandoned portion of the easement re €erred to in Exhibit "A" and convey to Norgren such water treatment,. collection and distribution tacit ities (in co- owner- ship with third Parties) as may be eecesaary to allow Norgren u buu.2 33 tA;.E55I to continue to operate said system purposes of supplying Norgren and others with water as described herein. Other than `•as. provided above, Fraser shall have no obligations to Norgren upon abandonment and nothing herein shall be construed as requir- ing Fraser to convey any water rights to Norgren or any third parties. VI, It is agreed-and that should Norgren breach any of the terms and conditions of this Agr then and in that event Fraser may, after sixty (60) days notice to Norgren terminate-all services required.pursuant to this Agreement. All connections to the Town water supply which serve Norgren's property may be discontinued and Fraser shall have no further obligations pursuant to the terms of this Agreement. VII. This Agreement shall bind and benefit the parties hereto, their respective heirs, devisees, personal represents.- tives, successors and assigns.. IN WITNESS WHEREOF, the parties hereto duly.and lawfully authorized to do so have executed this Agreement the day and year first above written. FIRST PARTY Donald K. Norgren. Approved: -7- SECOND PARTY TOWN OF FRASER By: -g.--(4eLd Mayor ATTEST: Town C SEAL 1 11 i on mx21::g3 (AcE552 A small portion of the above easement may cross property OWned by Secure Co., a partnership, and it hereby consents to the easement. efore me this as t the Town of Fraser, COUNTY 0 STATE OF COLORADO -COUNTY OF 14 STATE pf .COLORADO )ss. 'CbiAiTY OF )ss. The foregoing instru was'acknowled day of 19 AO NUFir'ana a Municipal Corporation. and official seal. SECUB CO., a Palership By:. eneral Partner _The fOreg ng instrument was acknowledged before me this //(day of "214 by Donald K. Norgren. Witness my han and official -al. My commission expires:; 'WV-- Notary Pu The instrument was acknowledged before me this 8th.-„,51,11 -cf May 1981 by Aksel Nielsen. my hand and official seal. -.1: commassion expires: .2 1, 4/. t I- Notary Public SPAT: or COLORADO: 1 COUNTY OF DTA-W0-, ,/The foregoing instrument was acknowledged before me this 7- day of WAst 19 Y/ by A-1-0,,Ja,mgcas General Partner of_Secure Co., a-partnership. Witness my hand and official seal. My commission expires: RA).k,t1 STATE OF COLORADO COUNTY OF GRAND 1 The foregoing instrument was acknowledged before me this day of 1981, by as Mayor, and as Clerk, of the Town of Fraser, a Municipal Corporation. Witness my hand and official seal. My commission expires: -9- BuoN293 EAR' 553 (1. 1 1 t!" Notary Public Not ary Public THIS EASEMENT AGREEMENT made this a I,fi day of f "fft r%Y 19 g f between DONALD K. NORGRENof the Town of Platteville, Weld County, State of.Colorado, (Grantor), and the TOWN OF FRASER, Grand County, State of Colorado (Grantee); WITNESSETH, that the Grantor does by these presents grant unto said Grantee'a non exclusive easement in perpetuity to con- struct and maintain a water treatment facility and transmission lines and appurtenances thereto upon and across the Following described tracts of land, situate, lying and in the SW1/4, Eccion 19, Township South, Range 75 West of the Gth Principal Meridian, Grand County, State of Colorado, to wit: For deacrip- Lion see the attached Exhibit "1" which by this reference is incorporated herein and made a part.hereof. Grantor also grants to Grantee a non exclusive easement over and across and trails on Grantor's property for the purpose of operation, maintenance, repair, tnstallation, and reconstruction of mission system on the Grantor, reserves will not unroenonably Grantor also or trails so its facilities. reserves EXHIBIT "A" EASEMENT AGREEMENT the water collection, treatment and trans above described property. the right to matte all use of the land which interfere with the uee of said easements. the right to relocate long as Grantee has reasonable Lion, maintenance, repair, installation and BUUK293 tAC€ 554 or abandon thn roads access for the opera- reconstruction of Grantor shall have no duty to grade, gravel or repair said roads and trails. Grantor reserves the right to fence the roads or trails and to maintain gates in connection therewith. ttilst Ji3 rM (JJJ Grantee agrees to indemnify, defend and save Grantor., his heirs, personal representatives, successors and assigns harmless from all liability or damage to persons or property occurring by zeason of Grantee's use of the easements. If Grantee ever abandons the use of all or any part of said easements, it agrees to reconvey forthwith the abandoned portion of the easement to the then owner, of the land abutting the easement. The burdens and benettts of this Easement Agreement shall constitute covenants runntng,with the property abutting said easement, shall be deemed an appurtenance to Grantor's land and shall pass to transferees of land without specific mention in the documents conveying title to said land and shall inure to the benefit of and be binding upon the respective heirs, per- sonal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and• seal this 1/ day of tst,, r p 1 STATE' OF COLORADO County of at f• )ss. The foregoing instrument was acknowledged before me this ;{.day of �72�7Jc 19 .Q/ by Donald K. Norgren. Witness my ha and official seal. My commission expires: .d 71, f ,t otary Public Grantor and Aksel Nielsen (Nielsen) and also Secure Co., a Partnership, own adjoining properties, some of which are covered by the above To the extent this Easement crosses any of the property owned respectively by Nielsen and Secure Co., -2- (2'ai Donald K. Norgren the Word Grantor shall be deemed to apply respectively to the Nielsenland'Secure Co. property, and the respective heirs, personal representatives, 'successors and assigns of Nielsen and Secure Co. STATE OP COLORADO )ss. COUNTY OF The foregoing instrument was acknowledged before me this th day of May 19 81 by Aksel Nielsen. ntness my hand and official seal. yik..colamission expires: :`r0.• /.9"/ f STATE OP COI,ORADO COUNTY OF' s s ,h The foregoing instrument was acknowledged before me this /6re day of 19 el by ..)che Lrtvizio.eke as Genekal Partner of Secure Co., a partnership. Witness my hand and official seal. My commission expires:. .y." ek Notary.Public SECURE CO., a By BuuK2S.;:i rmg 556 Aksel Nielsen Genere Partner Notary Public EXIII IT B HUG. 2S:8 fA;;t 557 Township 1 South, flange 75 West of. the 6th Principal Meridian Section 19: Lot 3 Lot 4 except the West 440 feet thereof EZSWq SE,' except that part described as follows: Beginning at the El corner of Section 19 and running. thence South along the East line of said Section, 520 feet; thence South 83° 30' West, 289 feet; thence North I9° 32' West, 590 feet to the North lino of said NE;SE+ and thence North 89° 32' East, ,481 feet more or less to the place of beginning; Section 30: NNE Township 1 South, Range 76 West of the 6th Principal Meridian Section 241 NZSE dSE 4 except the East 440 feet: thereof i t. I i L _t EXHIBIT 1 8uuf2 rQ 553 An for water transmission lines 30 An width and lying 10.00 feet northwesterly dnd 20.00 feet southeasterly of.the following described centerline; -Beginning at a point which.lies on the West boundary of Section 19, Township,1 South, Range 75 West of the 6th Principal Meridian, and is N -00 15'00 W, 1,049.55 feet from the Southwest corner of Section 19; thence N -56 °18'44 -E, 311.51 feet; thence. N-51°29'20"-E, 1,544.89 feet; thence N-53°14'47"-;E,-786:92 feet to a point on the East -West half Section line of said-Section 19, said point bearing N -89 °48'37 -E, 2.105.54 feet from the W1 /4 corner of said Section 19 and -89 48'37 W,3, feet from the E1 /4 corner of said Section 19; said easement containing 1.82 acres, more or less. (For map see the attached Exhibit "1 which by this reference is incorporated herein and made a part hereof.) 5 lir:- cog- f.715--G. 19, TIS 1/4- 5P-G. LIN5 14 13-9"4-s 51 W tV* 601z. Er(1) TKAN5Mr5SioN It7c).1:5cf GC 19, TIS, g :7 S ly I Asemehrr 5' 14 S 76r...91. t9 v zol 14151* Vi 154-4.S9 14 re 4-0 P.0.5. TRANSMISSION LINE vis.S.5.-Wahlr 5 5V4 Cog. SeC. 19 TIS 15W alici,22:3 616E559 -.Nat "*"01043P41F SEWER LINE SHARING AGREEMENT THIS AGREEMENT is made and entered into effective 2011, by and between WINTER PARK RANCH WATER AND SANITATION DISTRICT, a Colorado special district (hereinafter referred to as WPRWSD), and the TOWN OF FRASER, COLORADO (hereinafter "Fraser"); RECITALS A. WPRWSD and Fraser are both engaged in the provision of sanitary sewer services within their respective jurisdictions. B. WPRWSD and Fraser are parties to the Upper Fraser Valley Wastewater Treatment Agreement ("Joint Facilities Agreement"), executed in 2001 and as subsequently assigned and amended, whereby they and the Grand County Water and Sanitation District #1 jointly own and operate a sewage treatment plant and certain sewage interceptor lines used to transport sewage to the treatment facility. C. For many years, WPRWSD and Fraser have shared the use of other sewer mains not covered in the Joint Facilities Agreement to convey sewage to the sewage treatment plant. D. WPRWSD and Fraser now desire to confirm their understanding and agreement regarding the shared use of those sewer mains and arrangements for the maintenance, repair and replacement of such mains, as in this Agreement provided, NOW THEREFORE, in consideration of the premises, the mutual commitments, covenants and agreements herein contained, and for other good and valuable consideration, the receipt and adequacy which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Definition. When used herein, the term "EQR" (equivalent residential usage unit) shall have the same meaning as defined in the Joint Facilities Agreement. 2. Shared Lines. The sewer mains currently shared by WPRWSD and Fraser, which are not covered by the Joint Facilities Agreement, are depicted on Exhibit "A" attached hereto and are referred to herein as the "Green Line", "Red Line" and "Yellow Lines", corresponding with the colors of the lines shown on said Exhibit. Said Green, Red and Yellow Lines are collectively referred to as the "Shared Lines" and are owned by WPRWSD. The number of WPRWSD and Fraser EQR's currently connected to each Shared Line, and the anticipated total number of EQR's that will be connected when all adjacent properties are developed ("Build Out") are shown on Exhibit A and are tabulated on Exhibit "B" attached hereto. The "Percentage Use at Build Out" column of Exhibit B represents each party's share of the use of each respective Shared Line at 11/30/2011 build out and also represents each party's share of the costs for maintenance and repairs, as more fully provided below. If, subsequent to the execution of this Agreement, there is more than a One Percent (1%) change in the shared use of any Shared Line due to a change in the anticipated number of EQR's to be connected at build out, the percentage of the shared cost shall be adjusted accordingly. 3. Ownership and Cost Sharing. For purposes of this Agreement, each party shall be deemed to have a proportionate use interest in each Shared Line corresponding with that party's Percentage Use at Build Out as shown on Exhibit B. Similarly, each party shall be responsible for payment of a share of the costs of maintenance, repair, and replacement of each Shared Line in accordance with the party's Percentage Use at Build Out, in accordance with the procedures provided herein below. Shared costs shall include amounts paid for labor and materials used for the maintenance, repair or replacement of the Shared Lines. If any such work is performed by employees of WPRWSD, the employees' work may be included as a shared cost. WPRWSD shall bill Fraser on a monthly basis for Fraser's share of costs for the preceding month or months. Invoices shall be paid by Fraser within thirty (30) days from the date of the invoice. Each invoice shall include reasonable detail with regard to expenditures by WPRWSD. 4. Routine Operations. WPRWSD, as the owner and majority user of each Shared Line, will have the primary responsibility for overseeing the operation, maintenance repair of such lines. WPRWSD is authorized to incur costs not to exceed $10,000 per calendar year, or such greater amount as may be budgeted pursuant to Section 7 hereof, for routine maintenance and repairs and for emergency repairs relating to the Shared Lines. 5. Major Repairs or Replacements. It is anticipated that the existing Green and Yellow Lines have sufficient reserve capacity to accommodate the estimated EQR's of both parties at build out and such Lines are in a condition that should not require any major repairs or replacements within the foreseeable future. The Red Line is currently at or near capacity and will require an upgrade or replacement in the near future to accommodate additional sewer flows. WPRWSD shall devise a plan for such upgrade or replacement. WPRWSD shall consult with Fraser with regard to the Plan, however, WPRWSD's decision with regard to the Plan shall be final. The costs of upgrading or replacing the Red Line, and any other major repairs or replacements of the Shared Lines, shall be shared in accordance with each party's Percentage Use at Build Out as specified on Exhibit B. 6. Cost Reimbursement. Within 30 days after the end of each calendar year, WPRWSD shall provide a written report to the other party with the description and amount of any costs incurred for maintenance, repair or replacement of the Shared Lines during the calendar year then ended. The parties will reconcile such reports to allocate the costs according to the formula stated above and determine the amount of any reimbursement due from one party to the other. Payment for any such 2 11/30/2011 reimbursement shall be due within 90 days after the end of the calendar year for which the costs were reported. 7. Budgeting. No later than September 30 of each year, personnel of WPRWSD and Fraser shall confer regarding expected expenditures during the following calendar year for maintenance, repair and/or replacement of the Shared Lines. Such personnel shall then report to their respective governing body regarding the anticipated amount of such expenditures and the allocation thereof between the parties according to the formula provided herein, for purposes of consideration of such expenditures in the budgeting processes of the party's governing body. 8. Limitation of Infiltration. Both parties agree to take appropriate steps to limit infiltration into the Shared Lines in accordance with the standards established pursuant to the Joint Facilities Agreement. 9. Warranties. All warranties for labor and materials relating to the Shared Lines shall run in favor of and inure for the benefit the parties in ownership of such Lines as provided herein. 10. Joint Facility Lines. In addition to the Shared Lines, WPRWSD is currently utilizing a portion of Fraser's reserved capacity in Trunk Line B, as described in the Joint Facilities Agreement, to service WPRWSD's office facilities at Fraser's Manhole B007 (3,15 EQR). WPRWSD has and will continue to pay sewer service fees at Fraser's established rate, as amended from time to time, as compensation fir use of said Trunk Line. In addition, WPRWSD is expected to utilize an additional portion of Fraser's reserved capacity in Trunk Lines A and B described in the Joint Facilities Agreement to service the Emery Property, which is within the WPRWSD boundaries and which will be connected at Fraser's Manhole A010 (estimated at 2.88 EQR), subject to execution of a separate written agreement for such connection. If such connection is made, WPRWSD shall reimburse Fraser for .00026% if thc maintenance, repair and replacement costs attributable to Trunk Line A and .0002% of the maintenance, repair and replacement cost attributable to Trunk Line B, corresponding with WPRWSD's proportionate usage of the capacities of said 'Frunk Lines. 11. Assignment. Neither party shall assign its rights, duties and obligations under this Agreement without the prior written consent of the other party; provided, however, that this restriction shall not preclude the contraction out of repairs, maintenance or other work relating to the Shared Lines. 12. Indemnification. Each party agrees to indemnify and hold harmless the other party, its employees and agents, from and against all claims, darnages, liability and awards, arising or incurred as a result of any act or omission by the indemnifying party or its employees or agents pursuant to the terms of this Agreement; provided, however, in case of liability on a third-party claim relating to a Shared Line where both WPRWSD and Fraser are finally adjudged to be equally at fault or faultless, the liability shall be 11/30/2011 shared according to the formula provided herein for sharing ownership and costs with respect to such Shared Line Nothing in this Agreement shall constitute a waiver of governmental immunity for any party. In the event an emergency repair is necessary on any of the sewer mains, which are the subject of this agreement, the non-owning party may conduct emergency repairs, if unable to contact the owner of the line for two (2) hours or if the owner advises it is unable to initiate repairs or the non-owner is directed by the owner to make repairs. 13. Annual Appropriation. Each party's financial obligations under this Agreement shall he subject to annual appropriation by that party's governing body. In the event that a party fails to appropriate funds as required by this Agreement or as necessary to fill fill its obligations hereunder, that party's right to use the Shared Line shall cease, effective One Hundred Eighty (180) days after a payment due has not been made. 14. Notices. All notices, requests, demands, consents, and other communications pertaining to this Agreement shall be transmitted in writing and shall be deemed duly given when received by the parties at their addresses below or any subsequent addresses below or any subsequent addresses provided to the other party in writing, by certified mail. Notice to Fraser: With Copies to: Notice to PRWSD: With Copies to: "fown of Fraser PO Box 370 Fraser, CO 80442 Rod McGowan, Esq. Cazier, McGowan Walker PO Box 500 Granby, CO 80446 Winter Park Ranch Water District PO Box 1390 Fraser, CO 80442 Anthony J. DiCola 400 Byers Ave, PO Box 312 Hot Sulphur Springs, CO 80451 Sanitation 15. Binding Agreement. This Agreement shall be binding upon inure to the the parties and their successors and permitted assigns. 16. Complete Agreement; Release. This Agreement shall constitute the entire complete agreement between WPWWSD and Fraser with respect to the subject matter hereof, except as stated in Section 10 concerning connection of the Emery Property. The 4 11/30/2011 parties hereby release each other from any claim or demand relating to the ownership, construction, operation or maintenance of the Shared Lines that was made, or could have been made, prior to the effective date of this Agreement. 17. Enforceability. If any covenant, term, condition or provision of this Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such covenant, Willi, condition, or provision shall not effect any other provision contained herein. 18. Governing Law. This Agreement shall be governed by the laws of Colorado, which State shall also be deemed the place where this Agreement was entered into and the place of perfonnance and transaction of business of the parties. 19. Authority. Each person executing this Agreement represents and warrants that he or she has been duly authorized by one of the parties to execute this Agreement and has authority to bind said party to the terms and conditions hereof. 20. Amendments. This Agreement may be amended from time to time by amendments made by the parties in written form and executed in the same manner as this Agreement. This Agreement may be terminated in the same manner. 21. Counterparts. This Agreement may be executed in duplicate counterpart originals, each of which shall constitute an original but all of which shall constitute one and the same agreement. Facsimile signatures shall be binding and valid and shall have the same force and effects as original signatures. 22. Red Line. Both parties agree to work together to identify a mutually agreeable solution to address the capacity concerns in the Red Line. If a mutually agreeable solution cannot be identified and agreed upon before December 31, 2014, then WPRWSD shall have sole discretion to determine the solution to address Red Line capacity concerns, however, Fraser funding shall be subject to appropriations. APPROVED BY: Winter Park Ranch Water Sanitation District Date Attest Date APPROVED BY: Town of Fraser Date Attest Date 5 EXII'SI'I" A Town of Frese WPRW &S Town of Fraser Currently= 197 Build out =275 RT LW Town of Fraser Currently =64 uild out =64 WPRW &S Currently =502 Build out =1209 Town of Fraser GREEN LINE Fraser 406 516 18% WPRWSD 1490 2297 82% RED LINE YELLOW LINE Fraser 140 156 11% WPRWSD 502 1209 89% EXHIBIT B Shared Lines Useage Data Percentage Use at EQR- Current EQR -Build Out Build Out Fraser 197 275 20% WPRWSD 988 1088 80% TOWN OF FRASER RESOLUTION NO. 2011-12-19 A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH WINTER PARK RANCH WATER AND SANITATION DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Mayor is hereby authorized to execute the attached Intergovernmental Agreement with Winter Park Ranch Water and Sanitation District. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES th THIS 4 DAY OF JANUARY, 2012. BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO (S E A L) By: Mayor ATTEST: Town Clerk SEWER LINE SHARING AGREEMENT THIS AGREEMENT is made and entered into effective 2011, by and between WINTER PARK RANCH WATER AND SANITATION DISTRICT, a Colorado special district (hereinafter referred to as WPRWSD), and the TOWN OF FRASER, COLORADO (hereinafter "Fraser"); RECITALS A. WPRWSD and Fraser are both engaged in the provision of sanitary sewer services within their respective jurisdictions. B. WPRWSD and Fraser are parties to the Upper Fraser Valley Wastewater Treatment Agreement ("Joint Facilities Agreement"), executed in 2001 and as subsequently assigned and amended, whereby they and the Grand County Water and Sanitation District #1 jointly own and operate a sewage treatment plant and certain sewage interceptor lines used to transport sewage to the treatment facility. C. For many years, WPRWSD and Fraser have shared the use of other sewer mains not covered in the Joint Facilities Agreement to convey sewage to the sewage treatment plant. D. WPRWSD and Fraser now desire to confirm their understanding and agreement regarding the shared use of those sewer mains and arrangements for the maintenance, repair and replacement of such mains, as in this Agreement provided. NOW THEREFORE, in consideration of the premises, the mutual commitments, covenants and agreements herein contained, and for other good and valuable consideration, the receipt and adequacy which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Definition. When used herein, the term "EQR" (equivalent residential usage unit) shall have the same meaning as defined in the Joint Facilities Agreement. 2. Shared Lines. The sewer mains currently shared by WPRWSD and Fraser, which are not covered by the Joint Facilities Agreement, are depicted on Exhibit "A" attached hereto and are referred to herein as the "Green Line", "Red Line" and "Yellow Lines", corresponding with the colors of the lines shown on said Exhibit. Said Green, Red and Yellow Lines are collectively referred to as the "Shared Lines" and are owned by WPRWSD. The number of WPRWSD and Fraser EQR's currently connected to each Shared Line, and the anticipated total number of EQR's that will be connected when all adjacent properties are developed ("Build Out") are shown on Exhibit A and are tabulated on Exhibit "B" attached hereto. The "Percentage Use at Build Out" column of Exhibit B represents each party's share of the use of each respective Shared Line at 11/30/2011 build out and also represents each party's share of the costs for maintenance and repairs, as more fully provided below. If, subsequent to the execution of this Agreement, there is more than a One Percent (1 change in the shared use of any Shared Line due to a change in the anticipated number of EQR's to be connected at build out, the percentage of the shared cost shall be adjusted accordingly. 3, Ownership and Cost Sharing. For purposes of this Agreement, each party shall be deemed to have a proportionate use interest in each Shared Line corresponding with that party's Percentage Use at Build Out as shown on Exhibit B. Similarly, each party shall be responsible for payment of a share of the costs of maintenance, repair, and replacement of each Shared Line in accordance with the party's Percentage Use at Build Out, in accordance with the procedures provided herein below. Shared costs shall include amounts paid for labor and materials used for the maintenance, repair or replacement of the Shared Lines. If any such work is performed by employees of WPRWSD, the employees' work may be included as a shared cost. WPRWSD shall bill Fraser on a monthly basis for Fraser's share of costs for the preceding month or months. Invoices shall be paid by Fraser within thirty (30) days from the date of the invoice. Each invoice shall include reasonable detail with regard to expenditures by WPRWSD. 4. Routine Operations. WPRWSD, as the owner and majority user of each Shared Line, will have the primary responsibility for overseeing the operation, maintenance repair of such lines. WPRWSD is authorized to incur costs not to exceed $10,000 per calendar year, or such greater amount as may be budgeted pursuant to Section 7 hereof, for routine maintenance and repairs and for emergency repairs relating to the Shared Lines. 5. Major Repairs or Replacements. It is anticipated that the existing Green and Yellow Lines have sufficient reserve capacity to accommodate the estimated EQR's of both parties at build out and such Lines are in a condition that should not require any major repairs or replacements within the foreseeable future. The Red Line is currently at or near capacity and will require an upgrade or replacement in the near future to accommodate additional sewer flows. WPRWSD shall devise a plan for such upgrade or replacement. WPRWSD shall consult with Fraser with regard to the Plan, however, WPRWSD's decision with regard to the Plan shall be final. The costs of upgrading or replacing the Red Line, and any other major repairs or replacements of the Shared Lines, shall be shared in accordance with each party's Percentage Use at Build Out as specified on Exhibit B. 6. Cost Reimbursement. Within 30 days after the end of each calendar year, WPRWSD shall provide a written report to the other party with the description and amount of any costs incurred for maintenance, repair or replacement of the Shared Lines during the calendar year then ended. The parties will reconcile such reports to allocate the costs according to the formula stated above and determine the amount of any reimbursement due from one party to the other. Payment for any such 2 11/30/2011 reimbursement shall be due within 90 days after the end ofthe calendar year for which the costs were reported. 7. Budgeting. No later than September 30 of each year, personnel of WPRWSD and Fraser shall confer regarding expected expenditures during the following calendar year for maintenance, repair and /or replacement of the Shared Lines. Such personnel shall then report to their respective governing body regarding the anticipated amount of such expenditures and the allocation thereof between the parties according to the formula provided herein, for purposes of consideration of such expenditures in the budgeting processes of the party's governing body. 8. Limitation of Infiltration. Both parties agree to take appropriate steps to limit infiltration into the Shared Lines in accordance with the standards established pursuant to the Joint Facilities Agreement. 9. Warranties. All warranties for labor and materials relating to the Shared Lines shall run in favor of and inure for the benefit the parties in ownership of such Lines as provided herein. 10. Joint Facility Lines. In addition to the Shared Lines, WPRWSD is currently utilizing a portion of Fraser's reserved capacity in Trunk Line B, as described in the Joint Facilities Agreement, to service WPRWSD's office facilities at Fraser's Manhole B007 (3.15 EQR). WPRWSD has and will continue to pay sewer service fees at Fraser's established rate, as amended from time to time, as compensation for use of said Trunk Line. In addition, WPRWSD is expected to utilize an additional portion of Fraser's reserved capacity in Trunk Lines A and B described in the Joint Facilities Agreement to service the Emery Property, which is within the WPRWSD boundaries and which will be connected at Fraser's Manhole A010 (estimated at 2.88 EQR), subject to execution of a separate written agreement for such connection. If such connection is made, WPRWSD shall reimburse Fraser for .00026% if the maintenance, repair and replacement costs attributable to Trunk Line A and .0002% of the maintenance, repair and replacement cost attributable to Trunk Line B, corresponding with WPRWSD's proportionate usage of the capacities of said Trunk Lines. 11. Assignment. Neither party shall assign its rights, duties and obligations under this Agreement without the prior written consent of the other party; provided, however, that this restriction shall not preclude the contraction out of repairs, maintenance or other work relating to the Shared Lines. 12. Indemnification. Each party agrees to indemnify and hold harmless the other party, its employees and agents, from and against all claims, damages, liability and awards, arising or incurred as a result of any act or omission by the indemnifying party or its employees or agents pursuant to the terms of this Agreement; provided, however, in case of liability on a third -party claim relating to a Shared Line where both WPRWSD and Fraser are finally adjudged to be equally at fault or faultless, the liability shall be 3 I 1/30/2011 shared according to the formula provided herein for sharing ownership and costs with respect to such Shared Line. Nothing in this Agreement shall constitute a waiver of governmental immunity for any party. In the event an emergency repair is necessary on any of the sewer mains, which are the subject of this agreement, the non- owning party may conduct emergency repairs, if unable to contact the owner of the line for two (2) hours or if the owner advises it is unable to initiate repairs or the non -owner is directed by the owner to make repairs. 13. Annual Appropriation. Each party's financial obligations under this Agreement shall be subject to annual appropriation by that party's governing body. In the event that a party fails to appropriate funds as required by this Agreement or as necessary to fulfill its obligations hereunder, that party's right to use the Shared Line shall cease, effective One Hundred Eighty (180) days after a payment due has not been made. 14. Notices. All notices, requests, demands, consents, and other communications pertaining to this Agreement shall be transmitted in writing and shall be deemed duly given when received by the parties at their addresses below or any subsequent addresses below or any subsequent addresses provided to the other party in writing, by certified mail. Notice to Fraser: Town of Fraser PO Box 370 Fraser, CO 80442 With Copies to: Rod McGowan, Esq. Cazier, McGowan Walker PO Box 500 Granby, CO 80446 Notice to WPRWSD: Winter Park Ranch Water Sanitation District PO Box 1390 Fraser, CO 80442 With Copies to: Anthony J. DiCola 400 Byers Ave. PO Box 312 Hot Sulphur Springs, CO 80451 15. Binding Agreement. This Agreement shall be binding upon inure to the benefit of the parties and their successors and permitted assigns. 16. Complete Agreement; Release. This Agreement shall constitute the entire complete agreement between WPWWSD and Fraser with respect to the subject matter hereof, except as stated in Section 10 concerning connection of the Emery Property. The 4 11/30/2011 parties hereby release each other from any claim or demand relating to the ownership, construction, operation or maintenance of the Shared Lines that was made, or could have been made, prior to the effective date of this Agreement. 17. Enforceability. If any covenant, term, condition or provision of this Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such covenant, teem,, condition, or provision shall not effect any other provision contained herein. 18. Governing Law. This Agreement shall be governed by the laws of Colorado, which State shall also be deemed the place where this Agreement was entered into and the place of perfonnance and transaction of business of the parties. 19. Authority. Each person executing this Agreement represents and warrants that he or she has been duly authorized by one of the parties to execute this Agreement and has authority to bind said party to the terms and conditions hereof. 20. Amendments. This Agreement may be amended from time to time by amendments made by the parties in written form and executed in the same manner as this Agreement. This Agreement may be teeeeeinated in the same manner. 21. Counterparts. This Agreement may be executed in duplicate counterpart originals, each of which shall constitute an original but all of which shall constitute one and the same agreement. Facsimile signatures shall be binding and valid and shall have the same force and effects as original signatures. 22. Red Line. Both parties agree to work together to identify a mutually agreeable solution to address the capacity concerns in the Red Line. If a mutually agreeable solution cannot be identified and agreed upon before December 31, 2014, then WPRWSD shall have sole discretion to deteeeetine the solution to address Red Line capacity concerns, however, Fraser funding shall be subject to appropriations. APPROVED BY: Winter Park Ranch Water Sanitation District Date Attest Date APPROVED BY: Town of Fraser Date Attest 5 Date EXHIBIT A z Currently =69 Build out =85 Build out =1088 Town of Fraser R ET LN Town of Fraser Currently =64 Build out =64 Town of Fraser Currently =76 Build out =92 WPRW &S Currently =502 Build out =1209 EXHIBIT B Shared Lines Useage Data Percentage Use at EQR- Current EQR -Build Out Build Out GREEN LINE Fraser 406 516 18% WPRWSD 1490 2297 82% RED LINE Fraser 197 275 20% WPRWSD 988 1088 80% YELLOW LINE Fraser 140 156 11% WPRWSD 502 1209 89% íðÜ¿§ßª¹íðÜ¿§ßª¹ ×²º´«»²¬×²ºÌÍÍíðÜ¿§ßª¹íðÜ¿§ßª¹ ÓÙÜ³¹ñÔ×²ºÞÑÜ´¾×²ºÌÍÍ´¾ Ö¿²«¿®4È/.1413201303. § Ú»¾®«¿®§4È/-2+4324/31-. Ó¿®½¸4È-22-,30,43..- ß°®·´3È/-31/33443-.1 Ó¿§3È/+-,/,4341. Ö«²»3È43311+2,3320 Ö«´§3È223+231,33+/- ß«¹«¬4È/+2/2+4+321+ Í»°¬»³¾»4È0.232.+4,3/ ® Ñ½¬±¾»®4È02223/1---1 Ò±ª»³¾»®4È02241.4--34 Ü»½»³¾»®4È44444 13+-+3±03.132± Ç»¿®Ì±¬¿´2-1È+Üù 3/+È+¼£ª24,È2¼£ª ßª¹Ý±¬°»® Ç»¿®Û²¼ Ì±²±ºÞÑÜ Ñ°»®¿¬·²¹ßª¹Ý±¬°»®ßª¹Ý±¬°»® Û¨°»²»ïððð¹¿´Ì±²±ºÌÍÍ x-/4Ë444x2È-0x0Ë.+4È/-x1Ë.41È4. Upper Fraser Valley Wastewater Treatment Plant Discharge Monitoring Reports 2011 12/26/20101/1/2011 Date of last Sunday of the previous year:Date of first Satuday of the year: Flow - INFlow - INFlow - OUTFlow - OUTBOD - INBOD - INBOD - INBOD - INBOD - OUTBOD - OUT MG/dMG/dMG/dMG/d##mg/Lmg/Lmg/Lmg/LBOD 30 dayDaily30 dayDaily30 day7 day30 day7 day30 day7 day% AverageMaximumAverageMaximumAverageMaximumAverageMaximumAverageMaximumRemoval January 0.560.820.570.79124320892953085698 February 0.570.800.570.811204.821505.40278.75308.506.729.6098 March 0.720.970.670.851480.231864.34255.89290.506.046.8198 April 1.572.181.542.051100.251416.4789.38236.503.835.5896 May 1.591.971.571.94579.851026.2845.5669.502.853.4494 June 1.011.411.001.39927.961181.58106.56122.003.133.2697 July 1.221.511.221.541380.761676.72135.75160.004.075.6797 August 0.590.840.590.85908.791184.84191.00201.502.282.4799 September 0.460.630.470.62690.16889.99184.25204.002.903.5598 October 0.420.480.420.48537.14664.09158.44193.502.823.4398 November 0.420.570.430.59606.61845.89177.13218.002.802.8898 December 0.000.000.000.000.00671.160.00204.500.003.080 TSS - INTSS - INTSS - OUTTSS - OUTFecalsFecals mg/Lmg/Lmg/Lmg/LTSS#/100ml#/100mlpHpH 30 day7 day30 day7 day%30 day7 dayDailyDaily AverageMaximumAverageMaximumRemovalGeomeanGeomeanMaximumMinimum These values will have font January 3033316798246.86.5 color to white. Just used February 29030369981.622.006.86.5 for error reporting. March 27834978981.081.416.86.5 TSS - IN500.00 April 13525567961.301.416.96.5 TSS - OUT30.00 May 78114799137.07521.297.16.5 Fecals860.00 June 133146669614.2330.857.06.5 pH9.00 July 192221611975.1422.256.86.5 August 25225634991.001.007.06.6 September 21228244981.001.007.36.8 October 22124444981.001.007.37.0 November 20322845981.001.007.36.8 December 02180400.001.000.00.0 Cl-1xdCl-1xdCl-2xdCl-2xdCl-3xdCl-3xdCl-4xdCl-4xd AmmoniaAmmonia These values wil 22222222 mg/Lmg/Lmg/Lmg/Lmg/Lmg/Lmg/Lmg/Lmg/Lmg/L color to white. J 30 dayDaily30 dayDaily30 dayDaily30 dayDaily30 dayDaily for error reporting AverageMaximumAverageMaximumAverageMaximumAverageMaximumAverageMaximum Ammonia January 0.0000.000.000.000.000.000.000.892.82 0.00 February 0.000.000.000.000.000.000.000.001.876.84 0.00 March 0.000.000.000.000.000.000.000.001.613.01 0.00 April 0.000.000.000.000.000.000.000.000.391.68 0.00 May 0.000.000.000.000.000.000.000.000.441.58 0.00 June 0.000.000.000.000.000.000.000.000.221.20 0.00 July 0.000.000.000.000.000.000.000.000.703.23 0.00 August 0.000.000.000.000.000.000.000.000.130.34 0.00 September 0.000.000.000.000.000.000.000.000.170.90 0.00 October 0.000.000.000.000.000.000.000.000.060.08 0.00 November 0.000.000.000.000.000.000.000.000.110.42 0.00 December 0.000.000.000.000.000.000.000.000.000.00 0.00 ÌËÛ ÓÑÒ ÍËÒ ÍßÌ ÚÎ× ÌØË ÉÛÜ ÌËÛ ÓÑÒ ÍËÒ ÍßÌ ÚÎ× ÌØË ÉÛÜ ÌËÛ ÓÑÒ ÍËÒ ÍßÌ ÚÎ× ÌØË ÉÛÜ ÌËÛ ÓÑÒ ÍËÒ ÍßÌ ÚÎ× ÌØË ÉÛÜ ÌËÛ ÓÑÒ ÍËÒ ÍßÌ ÚÎ× ÌØË ÉÛÜ ÌËÛ ÓÑÒ øÓÙÜ÷ÜßÇÐÛÎÚÔÑÉ INFLUENT FLOWS UPPER FRASER VALLEY TREATMENT PLANT Influent GCWS#1WPRTOF DateDay MGDInfluent FlowInfluent Flow Influent Flow 1-Nov-11Tue0.3820.1680.1170.097 2-Nov-11Wed0.3590.1620.1150.082 3-Nov-11Thu0.3730.1730.1130.087 4-Nov-11Fri0.3860.1720.1220.092 5-Nov-11Sat0.4110.1670.1360.108 6-Nov-11Sun0.3950.1910.1410.063 7-Nov-11Mon0.3720.1590.1180.095 8-Nov-11Tue0.3660.1610.1230.082 9-Nov-11Wed0.3520.1580.1190.075 10-Nov-11Thu0.3770.1660.1150.096 11-Nov-11Fri0.4060.1770.1210.108 12-Nov-11Sat0.4190.1820.130.107 13-Nov-11Sun0.4170.1920.1380.087 14-Nov-11Mon0.3670.180.1090.078 15-Nov-11Tue0.370.1670.1130.09 16-Nov-11Wed0.3610.180.1110.07 17-Nov-11Thu0.3780.180.1280.07 18-Nov-11Fri0.410.180.1280.102 19-Nov-11Sat0.4510.2120.1450.094 20-Nov-11Sun0.4520.2030.1460.103 21-Nov-11Mon0.4410.1980.1390.104 22-Nov-11Tue0.4270.1890.1340.104 23-Nov-11Wed0.4860.2190.1420.125 24-Nov-11Thu0.5510.2460.1750.13 25-Nov-11Fri0.5690.2670.1860.116 26-Nov-11Sat0.5680.2710.1710.126 27-Nov-11Sun0.4820.2080.1620.112 28-Nov-11Mon0.4010.1660.1230.112 29-Nov-11Tue0.3810.1610.1270.093 30-Nov-11Wed0.3830.170.1290.084 AVG.0.4160.1880.1330.096 X0.5690.2710.1860.13 MA MIN0.3520.1580.1090.063 AVGMAX TOF 0.0960.13 GCWS 0.1880.271 Totals 0.2840.401 Upper Fraser Valley W/W Plant Update for 2011 Projects for 2011 1.SBR was cleaned and concrete repairs and patching was completed so liner could be installed. We found a 30 inch culvert pipe installed in the bottom that was used for dewatering when basin was constructed. 2.Digester #2 was drained and inspected; the mixer only had two of the six paddles still attached. This mixer required more time for repairs because more paddles were broken along with cracks in the mounting frame. 3.We replaced the effluent pipe to river because the health dept. felt we were discharging to wetlands instead of the river. 4.Discharge Permit has been a long process with lots of work most not planned for but was able to keep the ball moving. New permit should have been issued December 2010. 5.SBR permit is still moving forward after three years of seeming not too go anywhere. 6.Plant water system was updated to insure yearlong constant water supply. 7.Repaired damaged air diffusers and pop off valves & mixer mounting frame in # 2 aeration basin. One of the staff decided to pursue other options early in the year. The remaining staff tested and received his B plant license and his grade 2 collection system license. We also performed daily, weekly and monthly testing of the plant effluent and the Fraser River both above and below the plant’s discharge. Help Fraser Rec with sampling, testing & draining the swimming pools. Help with pumping operations of St. Louis Creek at the Divide Condos A new spreadsheet is attached that gives the amount of pounds we have removed and also how many gallons of water were treated. Our new employee has started his name is Logan Wray. As always if there are any questions please call. Thanks, Joe Fuqua Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Finance Update: 01/04/2011 Prepared: 12/28/2011 Wow, end of year! Of course I am freaking myself out over the end of the year malaise, since I have so much to complete in such a very short amount of time – and since most of these routines happen only once a year, getting the rust out between my ears is the scary part! W-2’s, 1099’s, employment tax changes, complete change out of the financial files and document binders, and preparation for our 2011 Audit in mid-February, these are the projects that will be keeping me busy over the next fourteen days and on into February….. Year-end projections are looking good from the budget standpoint – no revised budgets needed th at the 11 hour! And I believe we might do a bit better than projected, meaning fund balance will go up based upon year end estimates. I hope everyone had a very nice holiday, and I wish you all a very Happy and Healthy New Year. As always please contact me with any questions or concerns you might have: 726-5491 X206 or atnhavens@town.fraser.co.us. Nat Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com